Where to File Your Disability Claim in Virginia

You file for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) through the Social Security Administration, not through Virginia state government. The SSA runs both programs federally, though Virginia administers some of the SSI payments and Medicaid rules that follow approval.

You have three ways to file: online at ssa.gov, by phone at 1-800-772-1213 (TTY 1-800-325-0778), or in person at a Social Security field office. Virginia has 37 field offices across the state. The online route is fastest if you have a my Social Security account; phone filing takes about 15 to 20 minutes; in-person filing lets you hand over documents when ready but means waiting for an appointment.

If you are deaf or hard of hearing, call the TTY number above. If you speak a language other than English, the SSA provides interpreters at field offices and by phone — tell them your language when you call.

Key Takeaways

  • File through the SSA (federal), not Virginia state agencies, using ssa.gov, 1-800-772-1213, or your nearest field office.
  • You will need your Social Security number, birth certificate, proof of citizenship or legal residency, and medical records showing your condition and treatment history.
  • SSDI is based on your own work history; SSI is based on income and assets and is available even if you have never worked.
  • The SSA will assign a case number when you file, and you can check your claim status online or by calling the same number.
  • Initial decisions usually arrive within three to five months, but if you are denied, you can request reconsideration or a hearing before an administrative law judge.

Documents You Need Before You File

Gather these documents before you call or visit. The SSA will not process your claim without them, and having them ready speeds up the process.

Identity and citizenship: Your Social Security number, birth certificate, and proof you are a U.S. citizen or lawful permanent resident. A passport, naturalization certificate, or green card all work. If you were born outside the U.S., bring the document that shows your status.

Medical records: The names and addresses of every doctor, hospital, clinic, or mental health provider who has treated you for your condition in the past three years. Include dates of visits. Bring any test results, imaging reports, or diagnoses you have in your own files. The SSA will request records directly from your providers, but having copies speeds things up.

Work history: A list of jobs you have held in the past 15 years, with approximate start and end dates and the names of employers. If you are filing for SSI (not SSDI), you will also need to report your current income, assets, and rent or mortgage payment.

SSDI vs. SSI: Which Program You May File For

SSDI (Social Security Disability Insurance) is based on your work history. You must have worked long enough and recently enough to have earned enough Social Security credits. The SSA counts credits based on your earnings; you earn up to four credits per year, and you generally need 40 credits total (about 10 years of work) to be insured for disability. The exact requirement depends on your age when you become disabled.

SSDI has no income or asset limit. Once approved, you receive a monthly check based on your own earnings record. After two years on SSDI, you become may be able to access for Medicare, regardless of age. Your family members (spouse, children under 19 or 19 if in high school) may also receive benefits on your record.

SSI (Supplemental Security Income) is a needs-based program for people with low income and few assets. You do not need a work history. To be approved for SSI in Virginia, your monthly income must be below a certain amount (the limit changes yearly) and your countable assets must be under $2,000 (or $3,000 if you are married). SSI pays a federal base amount plus a Virginia supplement; the total varies by living situation.

You may be approved for both SSDI and SSI at the same time if your SSDI payment is very low. Once approved for SSI, you become may be able to access for Medicaid in Virginia automatically.

What Happens After You File

When you file, the SSA assigns your claim a number and sends you a receipt notice. Keep this number; use it to check your status online or when you call. The SSA will contact your doctors and hospitals directly to request your medical records. This step usually takes four to six weeks.

A disability examiner at the Virginia Disability information Service (DDS) will review your medical records and work history. The DDS is a state agency that works under contract with the SSA to make the initial decision on your claim. The examiner may request additional records or ask you to attend a consultative examination (a one-time appointment with a doctor the SSA pays for).

Initial decisions usually arrive within three to five months. If you are approved, you will receive a notice showing your monthly payment amount and your Medicare or Medicaid start date. If you are denied, you will receive a detailed notice explaining why.

What to Do If Your Claim Is Denied

If the SSA denies your claim, you have the right to appeal. You have 60 days from the date on the denial notice to request reconsideration. This means a different examiner will review your case, usually with new medical evidence you provide.

If reconsideration is also denied, you can request a hearing before an administrative law judge (ALJ). This is where many people succeed; judges approve claims that examiners denied. You can represent yourself or hire a lawyer. If you hire a lawyer, they can charge only if you win, and only up to 25 percent of your back pay (the money owed from the date you filed to the date you are approved).

The hearing process takes several months. You will receive a notice with a date, time, and location. You can appear in person, by video, or by phone. Bring any new medical records and a list of witnesses who can speak to how your condition affects your daily life and work.

Work Incentives and Reporting Requirements

If you are approved for SSDI, you can work and still receive benefits under the SSA's work incentive rules. You have a nine-month trial work period during which you can earn any amount without losing benefits. After that, you can continue working if your earnings stay below the substantial gainful activity (SGA) limit, which is $1,550 per month in 2024 (the amount changes yearly).

If you earn above the SGA limit, your benefits stop, but you enter an extended may be able to access period where you can have months of work without losing benefits. You must report all work and earnings to the SSA. If you are on SSI, you must report any income or change in living situation within 10 days.

Virginia also has a Medicaid work incentive called the Medicaid Buy-In program. If you are on SSDI and working, you can continue Medicaid even if your earnings are too high for SSDI. Ask the SSA about this when you are approved.

Finding Help in Virginia

If you need help understanding the process or filling out forms, Virginia has free resources. The Virginia Disability Rights (VDR) office provides free legal help to people with disabilities. Call 1-800-552-3962 or visit vdr.org. They can answer questions about SSDI and SSI and help you prepare for a hearing if your claim is denied.

Your local Social Security field office can also answer questions. Find the office nearest you at ssa.gov/locator. Many offices now require appointments, so call ahead before you visit.

If you are working with a vocational rehabilitation counselor through Virginia's Department for Aging and Rehabilitative Services (DARS), they can also help you understand how work affects your benefits. Call 1-800-464-9950 to find a counselor in your area.

Frequently Asked Questions

Can I file for disability while I am still working?

Yes. You can file for SSDI or SSI while you are working. The SSA will review your medical condition, not your current job status. If you are approved, the work incentive rules let you continue working and earning without when ready losing benefits.

How long does it take to get a decision?

Initial decisions usually arrive within three to five months. If you are denied and request reconsideration, add another two to three months. If you request a hearing, add six to twelve months more. The timeline varies based on how busy the Virginia DDS and your local hearing office are.

What if I do not have all my medical records?

File anyway. The SSA will request records directly from your doctors and hospitals. Tell the SSA the names and addresses of all providers who have treated you, and they will contact them. Having your own copies speeds the process, but missing records will not stop your claim.

Do I need a lawyer to file?

No. You can file and represent yourself throughout the process. A lawyer is most useful if your claim is denied and you request a hearing. Many people win at the hearing stage with a lawyer's help, and you only pay if you win.

What is the difference between the Virginia DDS and the SSA?

The Virginia Disability information Service (DDS) is a state agency that makes the initial decision on your claim under contract with the SSA. The SSA (federal) handles payments, work incentives, and appeals. You file with the SSA, but the DDS reviews your medical records first.