How To Apply For Disability In Virginia

Virginia provides a number of disability services for its residents. Assistance can be found at the federal level with Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI).

The state also offers Medicaid (a joint state and federal program), unemployment benefits, and academic accommodations to students with disabilities – including assistive technology and testing accommodations under the Virginia Department of Education. This provides assistance to college students who may need disability accommodations while they pursue higher education.

Though SSDI and SSI are federal-funded by the Social Security Administration (SSA), the application process is administered by state agencies. In Virginia, this is done by Disability Determination Services (DDS), a branch of the Virginia Department of Aging and Rehabilitation Services (DARS).

Facts About Virginia

Approximately 4% of Virginia’s residents currently receive a Social Security benefit. However, around 24% have some sort of disability with the majority of those being mobility and cognition-related. While not everyone with a disability can qualify for SSDI benefits, the more people know about the application and evaluation process, the better their chances are of receiving funds.

Virginia has 30 Social Security field offices as well as seven Offices of Hearings and Appeals (OHA) to assist its residents with disability services.

How To Qualify for SSDI in Virginia

All Americans, regardless of where they live, must meet the same set of requirements to receive a Social Security disability benefit. In general, there are two main criteria you must meet – your disability must be classified as “severe,” and you must have contributed sufficiently into the Social Security fund through your years of employment.

Most people will need to show at least 10 years of work history, though you can still be working and receive a benefit. However, there are income limits known as your Substantial Gainful Activity (SGA).

These caps are different depending on your disability. Those who are blind can make up to $2,190 in monthly income, and those with developmental disabilities or another physical disability can make up to $1,310. If you are currently working, know that as an employee you are protected from disability discrimination from your employer. A workplace must make any reasonable accommodation to help you complete your duties.

Applicants must also ensure their disability is found on this list compiled by the SSA. These conditions have all been deemed severe enough to limit one’s ability to work for at least 12 months or end in death.

Just because you meet the above criteria doesn’t mean you will automatically qualify. Your application still must be reviewed by DDS, and not everyone who applies will receive a monthly benefit. There are some factors such as receiving workers’ compensation that can affect your eligibility. Regardless, you should always apply even if you think you may be denied.

How To Apply for SSDI in Virginia

You can file a disability claim in one of three ways: online, over the phone, or in person. If you wish to file for Social Security Disability online you’ll do so at the federal Social Security site.

You can also call 800-772-1213 to speak with a representative over the phone. Those wishing to apply in person should contact their closest Social Security field office listed below.

Whichever method you choose, you should take time to gather relevant information beforehand to make the process of applying for a disability benefit smoother.

You will need to provide basic personal information about you and your family including marriage, divorce, and military records as disabled veterans may be entitled to additional benefits from the VA. You will also need to bring medical records along with contact information for doctors and clinics that have treated you regarding your disability. 

How To Appeal a Denial in Virginia

The approval rate for first-time applications in Virginia is 42% which is higher than the national average of 35%. Even so, this means the majority of applicants will have to go through one or more steps of the appeal process if they want to receive benefits. Each step in this process must be completed within 60 days of the previous denial to be considered, and you must go through each step in order.

Step 1: Reconsideration

A reconsideration appeal is when you request a different disability evaluation specialist from DDS review your application to make a new determination. This is usually a quick process and will not require any additional paperwork from the applicant. About 15% of applications are approved at this stage.

Step 2: Disability Hearing

If your first appeal was denied, you can request a disability adjudication with an administrative law judge. This disability hearing will be scheduled at the closest Hearing and Appeals Offices in Virginia and it typically takes around 15 months to get a date.

Most people will be asked to bring additional documentation or provide witnesses like family, friends, or doctors who can speak about the disability. Many will also wish to employ an attorney at this stage. Though it can take a while to meet with a judge, 47% of cases in Virginia are approved at this stage.

Step 3: Appeals Council

If your disability adjudication was unsuccessful, your next step is to ask the Social Security Appeals Council to review your case. They will look at all the previous decisions, determine if an error was made, and rule on whether the decision should be upheld or overturned.

Step 4: Federal Court

Your last option is to file a lawsuit with the district federal court. There are two district federal courts in Virginia, representing the eastern and western districts.

More Virginia Benefits

SSI

Supplemental Security Income (SSI) is another financial assistance program run by the SSA. When you apply for SSDI, your application will be evaluated to see if you also qualify for SSI benefits. These benefits are for individuals with low incomes, are blind or disabled, or are over the age of 65 with or without a disability.

Virginia also has an Auxiliary Grant (AG) program that adds additional payments for those living in assisted living or adult foster care.

Virginia Medicaid

Virginia Medicaid (Cover Virginia) aims to provide health coverage for residents who may go without due to lack of funds. An individual must make less than $17,131 in annual income to qualify. If you receive SSI benefits you will be automatically enrolled in Medicaid.

Virginia Unemployment

The Virginia Employment Commission oversees Virginia Unemployment benefits. These social services are intended to help those who have become unemployed through no fault of their own with financial help. Virginia’s program pays out a maximum of $378 a week for a total of 26 weeks.

Virginia Social Security Offices

Virginia Hearing and Appeal Offices

Virginia is in Region 3 (Philadelphia), which services Delaware, Maryland, Pennsylvania, Virginia, West Virginia, and District of Columbia.