Virginia Social Security Disability

Trust Your Law Case To Our Experienced Team.

If you have been disabled and cannot work, you may be entitled to Social Security Disability benefits in Virginia. During this time, when health issues are pressing and you wait for your next paycheck, you likely have lots of questions and concerns.At The Law Office of B. Patrick Agnew PLLC, we know that information helps calm fears and relieves stress. Here, our disability lawyer based in Lynchburg responds to some of the most common questions we get when we first meet our clients. To get answers specific to your disability case, contact us or call us at +1 434-813-6133 to schedule a free consultation.

Types of Social Security Disability Claims We Handle:

Spine and Back Conditions
Vision Conditions
Hearing Loss
Concussion & Brain Injuries
Mental Health Conditions
Immune System Disorders & Conditions
Stomach & Gastrointestinal Conditions
Heart & Cardiovascular Conditions
Respiratory Conditions
Skin Disorders & Conditions
Neurological Conditions
Blood & Hematological Conditions
Disorder Involving Multiple Body Systems
Cancer

Are you struggling to navigate the complex process of filing a disability claim? A Social Security Disability lawyer might be just what you need. In this article, we will explore what a Social Security Disability lawyer does, why their experience is crucial in your disability claim, and how they can help you secure the benefits you deserve. We will also provide tips on choosing the right Social Security Disability lawyer. Let’s dive in!

A social security lawyer is an attorney who routinely handles Social Security Disability cases. They are highly knowledgeable and skilled in navigating the complex legal system to help individuals with their disability claims. These attorneys have a deep understanding of the requirements and qualifications necessary for filing successful social security disability claims, ensuring that their clients receive the benefits they deserve.

  • Extensive knowledge of Social Security Disability laws and regulations
  • Experience in handling disability claims
  • Understanding of the application process for Social Security Disability benefits

Disability Insurance Benefits (DIB) claims, Supplemental Security Income (SSI) claims, and Social Security appeals and hearings are the primary types of cases handled by a social security attorney. These professionals specialize in helping individuals navigate the complex disability law system to ensure they receive the benefits they deserve. Whether it’s assisting with filing disability claims or representing clients in appeals and hearings, a Social Security Disability lawyer is dedicated to protecting their clients’ rights and maximizing their chances of success in obtaining disability benefits.

Navigating the complex application process for Social Security Disability benefits can be overwhelming. A Social Security Disability lawyer can provide valuable guidance and expertise, helping you understand the requirements, gather necessary documentation, and submit a strong application that increases your chances of approval.

If your initial claim is denied, a Social Security Disability lawyer can assist in handling appeals and denials. They will review your case, identify any errors or missed opportunities from the previous application, and develop a compelling argument to present at hearings or during the appeals process. Their knowledge of social security disability laws and regulations ensures that you have an experienced advocate fighting for your rights throughout the entire legal process.

Understanding the Eligibility Criteria is crucial when navigating the complex application process for disability claims. It is important to thoroughly research and comprehend the specific requirements set by the Social Security Administration (SSA). Gathering and Organizing Required Medical Documentation is another essential step. This includes obtaining medical records, test results, and doctor’s statements that support your disability claim. Lastly, Completing and Submitting the Application Forms accurately and on time plays a key role in ensuring a smooth application process.

  • Research eligibility criteria
  • Obtain necessary medical documentation
  • Gather supporting statements from doctors
  • Complete application forms accurately
  • Submit all required documents on time

As a Social Security Disability lawyer, I have extensive experience in representing clients in various matters related to Social Security Disability law. Over the course of my career, I have successfully handled numerous cases involving disability claims, retirement benefits, survivor benefits, and supplemental security income.

I have a deep understanding of the Social Security Administration’s rules, regulations, and procedures, allowing me to effectively navigate the complex legal system on behalf of my clients. I have represented individuals at all stages of the application and appeals process, from initial claims to administrative hearings, and even in federal court if necessary.

One of my primary areas of focus is assisting individuals with disability claims. I have helped clients gather the necessary medical evidence, develop compelling legal arguments, and effectively present their cases to administrative law judges. I understand the importance of thorough documentation and have a proven track record of securing favorable outcomes for my clients.

Additionally, I have assisted clients in obtaining retirement benefits by providing guidance on eligibility requirements, calculating benefit amounts, and advocating for their rights. I am well-versed in the nuances of retirement benefit calculations and have helped clients maximize their entitlements.

Furthermore, I have successfully represented clients in appeals for survivor benefits, ensuring that eligible family members receive the support they are entitled to after the loss of a loved one. I have a compassionate approach in these cases, recognizing the emotional toll it can take on individuals and providing them with the support and guidance they need during this difficult time.

Lastly, I have experience in handling cases involving Supplemental Security Income (SSI
requires thorough research and documentation. By gathering all relevant medical records, test results, and expert opinions, you can present compelling evidence that supports your claim effectively. It’s crucial to organize this information in a clear and concise manner to demonstrate the severity of your condition.

Preparing for consultative examinations is another essential step in increasing your chances of approval. Familiarize yourself with the purpose of these examinations and provide accurate details about your symptoms and limitations during the evaluation. This will ensure that the examiner understands the full extent of your disability and can accurately assess your eligibility for benefits.

Identifying the reasons for denial is crucial when handling appeals and denials. As a social security lawyer, I will thoroughly analyze your case to pinpoint any weak areas that led to the denial. By developing strategic approaches tailored to overcome these obstacles, we can strengthen your appeal and increase your chances of success.

When it comes to filing an appeal, timing is essential. Missing the deadline can result in losing your right to challenge the decision. As part of my services, I will ensure that all necessary paperwork is filed promptly within the specified timeframe, ensuring no opportunities are missed in advocating for your disability claim.

In cases where administrative hearings are required, having a knowledgeable representative by your side makes a significant difference. With my expertise and experience in representing clients in such hearings, you can trust that I will skillfully present evidence and argue on your behalf for a favorable resolution.

Remember, dealing with appeals and denials can be complex; however, with proper guidance from a qualified social security lawyer like myself, we will navigate this process together toward achieving success for your disability claim.

Evaluation of Your Case: A Social Security Disability lawyer can evaluate the details of your case to determine if you qualify for disability benefits. They will assess factors such as the severity of your condition, medical evidence, and work history to build a strong case on your behalf.

Gathering Necessary Documentation: A Social Security Disability lawyer will assist you in gathering all the necessary documentation needed to support your disability claim. This includes medical records, doctor’s statements, employment history, and any other relevant information that is crucial for a successful application. Their expertise ensures that all required paperwork is complete and accurately presented.

Evaluation of Your Case

Assessing the viability of your disability claim involves a thorough examination of your medical records and supporting documentation. Our experienced Social Security Disability lawyer will meticulously review all relevant information to determine if you meet the eligibility criteria for benefits.

Determining the strength of your case requires an in-depth analysis of the medical evidence, including expert opinions and testimonies. We will carefully evaluate the extent and impact of your disability, ensuring that every aspect is presented convincingly to maximize your chances of success.

Gathering Necessary Documentation

Helping you compile all the required medical records and relevant documents is an essential part of our services. We understand the importance of thorough documentation in supporting your disability claim. Additionally, we can obtain expert opinions and evaluations to further strengthen your case. Our team takes pride in ensuring that all paperwork is complete and accurate, leaving no room for errors or omissions. You can trust us to handle every aspect of gathering necessary documentation with the utmost professionalism and attention to detail.
Gathering necessary documentation involves more than just collecting papers – it requires a comprehensive approach.

Preparing and Submitting Your Application

Guiding you through the complex application process:

  • Explaining the eligibility criteria for Social Security Disability benefits
  • Assisting with gathering all necessary documentation
  • Reviewing your case to ensure accuracy and completeness


Crafting a persuasive argument for why you qualify for benefits:

  • Analyzing medical records, doctor’s opinions, and other evidence
  • Highlighting your limitations and how they impact your ability to work
  • Presenting a compelling narrative that supports your claim


Submitting your application in a timely manner to avoid delays:

  • Ensuring all required forms are properly completed
  • Double-checking that supporting documents are included
  • Submitting the application promptly to expedite review times


Representing You in Hearings

  • Presentation of evidence, witness testimonies, and legal arguments on your behalf at administrative hearings
  • Skillful cross-examination of witnesses presented by the Social Security Administration (SSA) or opposing party
  • Effective pleading of your case before an Administrative Law Judge (ALJ)


Navigating negotiations with SSA representatives requires strategic planning and careful consideration. As a social security lawyer, I will advocate on your behalf to secure favorable settlements by presenting compelling evidence and highlighting the impact of your disability on your daily life. In cases where settlement offers fall short, I will fight tirelessly to ensure you receive fair compensation for your claims. Leveraging my expertise in Social Security Disability law, I will employ proven negotiation techniques to achieve optimal results and maximize the benefits you are entitled to during the settlement process.

Providing Guidance throughout the Claim Process

Throughout the claim process, a Social Security Disability lawyer can provide invaluable guidance to ensure that you understand every step and make informed decisions. From evaluating your case to negotiating settlements, they will be by your side, offering competent advice and support. Their experience in handling disability claims allows them to navigate the complex system efficiently, increasing your chances of a successful outcome. Trusting a social security lawyer with your claim ensures that you have an advocate who will fight for your rights and guide you through the entire process with expertise and professionalism.

Experience is a key factor to consider when choosing a Social Security Disability lawyer. Look for someone who has years of experience specifically in handling disability claims. Their specialized knowledge will increase your chances of success.

Good communication skills are essential for a Social Security Disability lawyer. They should be able to explain complex legal concepts in a way that is easy for you to understand. Additionally, they should keep you informed about the progress of your case and promptly respond to any questions or concerns you may have.

Experience

With my in-depth knowledge of Social Security Disability laws and regulations, I bring a wealth of expertise to handling disability claims. With several years of experience under my belt, I have successfully navigated the complexities of the process, ensuring that clients receive the benefits they deserve. Additionally, my experience with specific types of disabilities allows me to provide tailored assistance and support throughout the entire claim procedure.

Good Communication Skills

Ability to effectively communicate with clients throughout the process: A skilled social security lawyer understands the importance of clear and consistent communication. They will actively listen to your concerns, answer any questions you may have, and provide guidance every step of the way.

Clear communication regarding legal options and strategies: When dealing with a disability claim, it’s crucial to fully understand your legal rights and available strategies. A reputable social security lawyer will explain these options in simple terms, ensuring that you are well informed about the best course of action for your specific case.
Timely updates on the progress of your disability claim: Waiting for news about your disability claim can be stressful. With a competent social security lawyer, you can expect regular updates on the progress of your case. This timely communication helps alleviate anxiety and ensures that you remain informed throughout the entire process.

  • Active listening to address client concerns
  • Clear explanation of legal options and strategies
  • Regular updates on case progress


Affordability

We understand that dealing with a disability claim can already be financially burdensome, which is why we offer payment options designed to accommodate your specific circumstances.
“No win, no fee” arrangements where you only pay if you win your case. Our commitment to our clients goes beyond just providing legal assistance – it’s about ensuring that you have peace of mind throughout the process. With our “no win, no fee” policy, you can rest assured that we will work tirelessly on your case without adding any additional financial strain.

Transparent fee structure without hidden charges or surprises. We believe in complete transparency when it comes to fees because we value the trust and confidence of our clients. Our clear and straightforward fee structure eliminates any hidden charges or unexpected surprises so that you know exactly what to expect from the start.
Remember: Engaging an experienced social security lawyer not only increases your chances of a successful disability claim but also ensures affordability without compromising quality representation for your case!

Positive Reputation and Client Feedback

A proven record of successfully representing clients in Social Security Disability claims showcases our expertise and effectiveness as Social Security Disability lawyers. Our dedication to achieving positive outcomes for our clients is evident in the testimonials we receive from satisfied individuals who have experienced exceptional service throughout their legal journey. The recognition and awards we have received within the legal community further demonstrate our outstanding performance, solidifying our reputation as trusted advocates for those seeking Social Security Disability benefits.

Your ability to qualify for SSD benefits will depend on whether or not you are seeking SSDI or SSI. However, to qualify for either or both, you must be disabled. The Social Security Administration (SSA) holds that a person is disabled if they are unable to work because they suffer from a severe medical condition that has either (1) lasted, or will most likely last, for at least twelve months; or (2) will result in death. This is a very strict definition and eliminates a lot of people who need the benefits. 

For qualification for SSDI benefits, you must not be able to do the same work that you did before or be able to adjust to another type of work. You must also have earned enough credits and be younger than the retirement age.

SSI recipients have other qualifications they must meet as well, like proving they have limited resources and income.

If you qualify for SSDI, it does not matter what state you live in because it is a federal program. 

It is also possible that family members will qualify for benefits. Family members who could be eligible include: 

  • Spouse
  • Children
  • Former spouse
  • Adult children who became disabled before the age of 22

In some situations, other family members may qualify. Because the facts matter, it is always important to speak to a disability attorney to ensure everyone who qualifies is able to apply.

Spouse

Spouses can qualify if they are 62 years old or older unless they are receiving a higher amount through their own social security benefits. A spouse may also qualify if they are caring for your child who is younger than 16 years of age or was disabled before the age of 22.

Former Spouse

Your former spouse may qualify for benefits under your SSDI claim if they were married to you for a minimum of 10 years, are a minimum of 62 years of age, have not remarried, and are not eligible for an equal or higher amount on their own, or through someone else’s benefits. 

Children

Children can also qualify for benefits under your claim if they are not married. They must be under the age of 18, or be between the age of 18 and 19 as a full-time high school student, or be 18 years old or older with a disability that started before the age of 22.

Amount Received

A family member may receive up to 50% of what the disabled family member receives, but there is a limit on the amount a family can receive in total. The SSA will pay family member(s) no more than 150 – 180% of what is paid to the disabled person. Benefits are reduced equally among family members to ensure they do not exceed this amount. 

The types of disabilities approved for benefits vary widely, although some are more common than others. All disabilities fall into one of two categories: physical or mental. 

Physical Qualifying Disabilities
  • Arthritis. Arthritis can be disabling and can keep you from being able to walk or perform job duties, like typing. 
  • Heart Disease. Heart disease can cause serious symptoms, like pain, weakness, and shortness of breath.
  • Diabetes. Diabetes can progress to the point where it is impossible to work. Symptoms include blurry vision, fatigue, and tingling extremities. 
  • Cancer. Stage III, or more advanced cancers, typically qualify for benefits. Some forms, however, do not have to be that progressed.
  • Respiratory Illness. Respiratory illnesses, like chronic obstructive pulmonary disease (COPD), can be debilitating.
Mental Qualifying Disabilities
  • Intellectual Disabilities. A person with an intellectual disability often lacks the ability to perform basic daily living functions. 
  • Anxiety. Severe anxiety can cause a person to not be able to function normally and work a regular job.
  • Autism. Autism can prevent a person from being able to work or even perform daily living skills.

During the hearing, you will first be sworn in, and then a few other things will occur, like:

  • The judge will ask you questions about your disability, treatment, past employment, educational background, and your quality of life as impacted by the health condition.
  • If you hired a disability lawyer, they can speak on your behalf to argue your case and persuade the administrative law judge (ALJ). Your attorney may also ask you questions to provide the judge with a deeper understanding of your case.
  • If there are expert witnesses, they will provide the judge with additional information on your disability, medical condition, ability to work particular jobs, and what jobs you may be able to perform, if any.
  • In the end, the ALJ may ask you if you want to make any additional comments. Your attorney can advise you of the same and guide you through it. 

After the hearing, the waiting begins for the ALJ’s decision.

If the Social Security Administration denies your disability claim, you can appeal by requesting reconsideration. Reconsideration means you resubmit the initial disability claim application. If the claim is denied again, you have the right to file an appeal for a disability hearing in front of an Administrative Law Judge (ALJ). The hearing will take place at one of ten Offices of Hearing Operations, these are regional offices located in the following cities:

  • Atlanta
  • Boston
  • Chicago
  • Dallas
  • Denver
  • Kansas City
  • New York
  • Philadelphia
  • San Francisco
  • Seattle

You and your attorney will attend the hearing in-person in one of these locations.

First and foremost, you want to be respectful in the courtroom. People get nervous and don’t always follow protocol. Take it all very seriously. Aside from that, however, there are a few things you can do to strengthen your case.

  1. Review. The night before the hearing, make sure you review the application and medical report. If there is a red flag in the report, you want to have an answer for it because the judge will ask about it. For example, if the report states you failed to take certain pain management medication, that could indicate you failed to comply with your doctor’s orders. You can counter that assumption by stating why you may not have taken it – maybe you had a reaction to it or were afraid of becoming dependent on it.
  2. Give details. You will be asked about your condition and symptoms. Do not be vague. Vague answers can be interpreted in many ways and, oftentimes, the ALJ’s interpretation will not be in your best interest. If you feel pain, what kind of pain? Is it a shooting pain or a throbbing pain? How does it affect you? Do you have to stay home when your child has a soccer game because of the pain?
  3. Be honest. Add the details but do not over-exaggerate (or understate) your symptoms. If you are not honest, you risk a denial.

Also, do not panic. Everyone at the hearing wants what is best for you. 

Yes, age can make a difference. It is often one factor considered when awarding disability benefits. The SSA uses rules in accordance with a medical-vocational grid to help determine if an applicant should be awarded disability benefits. This grid uses a person’s age, skill level, education, and Residual Functional Capacity (RFC) to determine if the applicant is disabled or if their disability qualifies. To note, RFC refers to your maximum performance or capabilities despite your physical and/or psychological disability and is assessed on a case-by-case basis after a review of all medical records.

Skill and education are important, but the older a person is, the more lenient the rules are. For example, if you are an applicant whose RFC suggests you can only do sedentary work, plus you have a high school diploma and a history of unskilled work, you may qualify if you are over the age of 50, but you may not qualify if you are younger than 50 years old.

The good news is that it is possible to qualify for workers’ comp and disability benefits at the same time. The bad news is that your SSDI benefits may be reduced due to your workers’ comp benefits. 

You can appeal your disability claim. The last resort is filing a lawsuit in federal court.

No, you do not have to be out of work to be eligible for disability benefits. If you currently receive or intend to apply for disability benefits, there are two programs to help you: work incentives and Ticket to Work.

Work incentives include:

  • Cash benefits, which will continue temporarily while you work
  • Medicare or Medicaid benefits, which will continue while you work
  • Education, training, and rehabilitation, which are meant to get you started in a new line of work

The Ticket to Work program provides:

  • Free vocational rehabilitation
  • Training
  • Job referrals
  • Other employment support services

There is a lot more to these programs, so you want to speak with a disability attorney in Lynchburg to make sure you do what is best for you.

In conclusion, hiring a Social Security Disability lawyer can greatly benefit your disability claim. They have extensive knowledge of the complex laws and regulations surrounding Social Security Disability benefits, ensuring that you have the best chance of a successful outcome. Additionally, they can handle all aspects of your case, from gathering evidence to representing you in court if necessary to support your SSD claim.

When searching for the right Social Security Disability lawyer for your case, it is important to consider their experience in disability law. Look for attorneys who have a track record of success in handling similar cases and who are familiar with the local procedures and judges. Furthermore, take advantage of initial consultations to assess their communication style and ensure that you feel comfortable with them as your advocate throughout the process.

I offer a free consultation to discuss your Social Security Disability claim.

Contact a Social Security Disability Attorney In Virginia Today

Disabilities and the inability to work can be very frustrating and life-changing for so many individuals and families. At The Law Office of B. Patrick Agnew PLLC, we know because we have seen it first-hand. Contact us or call us at +1 434-813-6133 to schedule a free consultation. We will answer your specific questions and guide you through the Social Security disability benefits process to make sure you and your family receive the benefits to which you are entitled.

Testimonials

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Patrick McBride
Patrick McBride
July 21, 2023
I was recommended to Patrick by another lawyer, it was the best recommendation I have ever had. I was getting the run around by the workers comp insurance company for months. With in a week of retaining Patrick that changed immediately. He got answers and results that seemed impossible for me to. When you are dealing with Patrick it doesn’t take long to figure out he really does care about your wellbeing and getting you taken care of. You are not just a number to him. He always answers or calls you back, I called him several times late on a Friday left a message to call me Monday not Patrick he called me late Friday. You want find that anywhere. He is always there to answer any questions or concerns you have and happy to do so.He also has a great support staff Jennifer was always so pleasant and helpful. She stayed on top of weekly requirements and anything else I needed help with. Patrick went up against some tough opposition and worked relentlessly to get me a fair settlement. I came to Patrick at my wits end and in the end I feel like things could not have gone any better. Thank you Patrick and Jennifer for all you have done. If you need workers comp help you will not find any better.
Joyce Brooks
Joyce Brooks
June 23, 2023
I will personally recommend anybody to contact this law firm to work with you on any case that’s dealing with and your job. They are so understanding about what you going through and they check on you making sure you are doing well with your Sickness. When I say they take it personally o boy , they will even call on a Sunday. So I tell anyone call this law firm so they can handle all of your Workmancomp cases. I’m so truly satisfied and I really appreciate the law firm of Patrick Agnew. Thanks again guys y’all are the best!!
Brian Webster
Brian Webster
June 19, 2023
Great people doing great work here! Everyone in the office is friendly and professional. They're very good at their jobs and worked hard for me. I couldn't be happier with the service I received.
Steven Taylor
Steven Taylor
April 20, 2023
I couldn’t be any more pleased with my service from Patrick and his team. From start to finish they stuck through and made sure I was always taken care of. I would definitely recommend their legal services.
Ethan Long
Ethan Long
November 21, 2022
Mr Agnew and his team are very professional and very fast on addressing any issues that you may encounter. Would definitely recommend to anyone!
Wendy Pauley
Wendy Pauley
November 18, 2022
The warmth, care and concern of both Mr. Agnew and Jennifer put me at ease, and I knew my case was in good hands. Ongoing communication with Jennifer was excellent, timely, professional; and her work was thorough and detailed. I highly recommend this practice..... they go above and beyond for you!
David Thornton
David Thornton
October 31, 2022
I tried 3 times on my own to get the disability benefits that I deserved and was denied almost immediately each time. I was about to lose my home and fell into major depression and diagnosed having generalized anxiety disorder due to stress. I told myself to try 1 more time. I asked my attorney, who does not specialize in disability cases, who should I contact. He immediately told me to contact B. Patrick Agnew. The firm agreed to take my case. Their paralegal Jennifer Martin was a God send to me. It only took the firm 4 months to help get my benefits approved. If anyone needs a disability attorney, look no further. Make a call and you will not regret it!!!!!