Applying for SSDI Benefits in Virginia

Representing Those in Need Throughout Roanoke, Newport News, & Surrounding Areas

If you have been unable to work for at least one year due to a serious injury or illness, you may be entitled to collect Social Security Disability Insurance (SSDI). It is important to understand that the SSDI claims process is highly complex, and you will need the assistance of an experienced Virginia SSDI attorney to ensure that your claim is not unfairly denied.

If you need assistance with an SSDI application, or your benefits have been unfairly denied, please call (855) 880-8163 to speak with an experienced Virginia attorney at Kalfus & Nachman PC today.

Qualifying for SSDI Benefits

In order to qualify for SSDI benefits, you must fall under the Social Security Administration’s definition of disabled:

• Your injury or illness prevents you from being able to perform the job responsibilities you had prior to the injury
• You are unable to secure another job because of your injury or illness
• Your condition will last for a minimum of one year

SSDI benefits are generally intended to provide assistance to individuals who have suffered a severe injury or illness. The types of conditions most commonly covered under SSDI either result in permanent injury or will require an extensive recovery and rehabilitation period.

Simply meeting the Social Security Administration’s definition of “disabled” will not guarantee that your claim will be approved.

How the Social Security Administration Assesses Eligibility

When evaluating the merits of your claim, the SSA will ask the following questions:

• Are you currently working? You will not be considered eligible for SSDI is you are currently working at a job that pays you at least $1,000 a month.
• Is your condition severe? In other words, are you unable to work as a direct result of your condition?
• Is your condition on the SSA’s list of qualifying conditions? The SSA has created a list of conditions which automatically qualify for SSDI. Your condition does not have to be on this list for you to qualify; however, it may take considerably longer for you to receive your benefits if your condition is not on their list.
• Can you perform your old job or a similar job after developing your condition? If the answer to this question is yes, you will most likely not qualify for SSDI.
• Can you earn a living doing a different type of work? This question goes to the heart of having a condition that is considered “severely disabled.” If you are unable to work in any capacity, you will most likely fall under this category.

Your SSDI Benefits

In general, you will be able to continue receiving SSDI benefits as long as your condition prevents you from earning a living. In some cases, this may be for the rest of your life. In others, your benefits may be discontinued if you have been able to recover enough from your injury to return to work. The SSA will regularly review your case to make sure there has been no change in the status of your condition and its impact on your ability to work.

Your SSDI benefits will be paid monthly. The day of the month on which you receive your payment will generally be the birth date of the person who is no longer able to work. If you are receiving SSDI benefits when you reach retirement age, your benefits will be converted to retirement benefits. However, the amount you receive will generally remain the same.

Appealing the Social Security Administration’s Decision on Your Claim

It is not uncommon for the SSA to initially deny a claim. You have the right to appeal any decision made by the Social Security Administration regarding your claim. This may include a decision regarding the amount of benefits you will receive as well as an appeal of a denied claim. You must request an appeal in writing within 60 days of receiving the SSA’s letter detailing their decision about your claim.

What Happens After SSDI Approval?

Once your claim has been approved, you will receive your SSDI benefits once a month. You will generally remain eligible to receive your SSDI benefits as long as your disability prevents you from working. However, if you become able to work down the road, your benefits may be discontinued.

The SSA will review your case periodically to determine whether the status of your condition has changed.

• Wait for Notice and Back Pay: It can take 60 days to receive your first benefit payment after approval. You'll also get a written notice (Notice of Award) around the same time detailing your benefits and potentially including back pay for months you were eligible but not yet receiving benefits.
• Medicare: You'll be automatically enrolled in Medicare after receiving SSDI benefits for two years (except for ALS, where coverage starts sooner).
• Direct Deposit: Consider contacting the Social Security office to set up direct deposit for faster and easier receipt of your benefits.

The SSDI claims process is highly complex and time consuming. In many cases, it can take several years for your claim to be approved. By working with our Virginia SSDI attorneys, you can greatly reduce the length of time it takes to get your claim approved.

Contact Our SSDI Attorne

The experienced Virginia SSD application attorneys at Kalfus & Nachman PC have helped thousands of disabled individuals receive the benefits to which they are entitled. We can help you through every step of the claims process to ensure you receive your benefits in a timely manner. We will also handle any necessary appeals for you, greatly increasing your likelihood of a successful outcome to your appeal. The SSDI process is too complicated to handle it on your own. Let us help increase your chances of receiving the benefits you deserve.

Please contact our experienced Social Security attorneys in Virginia online or by phone at (855) 880-8163 today to schedule your free initial consultation. Kalfus & Nachman PC serves clients in Norfolk, Newport News, Richmond and Roanoke, Virginia.