Where to Start: The Two Main Routes in Virginia

Virginia residents can explore for disability through two separate federal programs: Social Security Disability Insurance (SSDI) if you have worked and paid into Social Security, or Supplemental Security Income (SSI) if you have limited income and resources. Both are run by the Social Security Administration, but the rules and what you need to bring differ. You cannot explore through Virginia state government—the state does not run its own disability program.

The fastest way to start is to call Social Security directly at 1-800-772-1213 (TTY 1-800-325-0778) and tell them which program you think applies to you. They will ask basic questions about your work history and current situation, then either schedule an in-person appointment at your local Social Security office or mail you forms to complete at home. You can also walk into any Social Security office in Virginia without an appointment, though wait times vary by location.

If you are unsure which program fits your situation, Social Security staff can help you figure that out during the call. Do not worry about getting it perfectly right on your first contact—they handle this every day and will steer you to the correct form.

Key Takeaways

  • Call Social Security at 1-800-772-1213 to start the process; they will determine whether you should explore for SSDI or SSI based on your work history and income.
  • You will need medical records from your doctors, a list of all medications you take, and details about how your condition affects your daily activities and ability to work.
  • The initial decision usually takes three to six months; if denied, you can request reconsideration or file an appeal with a hearing before a judge.
  • Virginia has no state-level disability program; all applications go through the federal Social Security Administration.
  • You can explore by phone, in person at a local Social Security office, or by mail, and you do not need a lawyer to start the process.

What Documents You Need Before You Call

Gather these items before you contact Social Security, because having them ready will speed up your process. You will need your Social Security number, birth certificate, and proof of citizenship (passport, naturalization papers, or state ID). If you are explore for SSDI, bring your most recent W-2 form or tax return to show your work history.

Next, collect medical records. Call your doctors' offices and ask them to send you copies of visit notes, test results, imaging reports, and any diagnoses from the past year. If you see a specialist (neurologist, rheumatologist, psychiatrist), their records carry extra weight because they document your condition in detail. Ask for records going back at least two years if possible, though one year is the minimum.

Make a list of every medication you take, including the dose and how often you take it. Write down the names of all your doctors and the dates of your last visits. If you are not currently seeing a doctor but have seen one in the past, note that too—Social Security may ask you to get a new evaluation, and they will tell you when.

If you have been unable to work, write down the date you stopped working and why. If you receive unemployment benefits, workers' compensation, or any other income, note that as well. Social Security needs to know about all income sources.

How to Complete Your process

Once you contact Social Security, they will either mail you Form SSA-16 (for SSDI) or Form SSA-8 (for SSI), or they will schedule you for an appointment where staff fill out the form with you over the phone. The form asks detailed questions about your medical condition, your work history, your daily activities, and how your condition limits what you can do.

When describing your condition, be specific about what you cannot do rather than just naming the diagnosis. For example, instead of writing "back pain," write "cannot sit for more than 30 minutes without severe pain" or "cannot lift anything heavier than 10 pounds." Social Security uses these functional limitations to decide whether you meet their definition of disability, not the name of your illness.

Return the completed form to Social Security by mail or bring it to your local office. Keep a copy for your records. If you are mailing it, use certified mail with return receipt so you have proof it arrived. Social Security will send you a letter confirming they received your process and assigning you a case number.

What Happens After You Submit Your process

Social Security sends your file to a state agency called Disability information Services (DDS), which reviews your medical records and decides whether you meet the definition of disability under federal law. This review usually takes three to six months, though it can take longer if they need more medical information from your doctors.

During this time, DDS may contact your doctors directly to ask specific questions about your condition and limitations. They may also schedule you for a consultative examination with a doctor they choose and pay for; this is free to you. If they do, you will receive a letter with the date, time, and location. Attend this appointment even if you already see a doctor regularly—missing it can result in denial.

You will receive a written decision in the mail. The letter will say whether you were approved or denied, and it will explain the reason. If approved, it will tell you when your benefits start and how much you will receive. If denied, the letter will explain what the agency found and will tell you how to request reconsideration or file an appeal.

If Your process Is Denied

A denial does not mean you cannot try again. You have the right to request reconsideration, which means a different examiner at DDS will review your file and any new medical evidence you submit. You must request reconsideration within 60 days of the denial letter. If you miss that important date, you can still appeal, but you will need a good reason for the delay.

If reconsideration is also denied, you can request a hearing before an Administrative Law Judge (ALJ). This is a real court hearing where you can present evidence, answer questions, and have a lawyer or representative speak for you if you want. Many people win at the hearing stage even after being denied twice. You have 60 days to request a hearing.

You do not need a lawyer to request reconsideration or file for a hearing, but many people find a lawyer helpful at the hearing stage. Social Security disability lawyers work on contingency, meaning they take a percentage of your back pay (usually 25 percent) only if you win. They do not charge you upfront.

Working With a Representative or Lawyer

You can have someone help you with your process from the start, or you can wait until after a denial. Your representative can be a lawyer, a non-lawyer advocate, or a family member. If you choose a lawyer or non-lawyer advocate, they must be approved by Social Security and you must sign a form giving them permission to represent you.

To find an approved representative, visit the Social Security website and use their search tool for attorneys and non-lawyer representatives in Virginia. You can also contact Virginia Disability Law, a nonprofit that helps people with disabilities, or call your local legal aid office. Many offer free or low-cost help.

A representative cannot speed up the initial decision, but they can make sure your process is complete, help you gather medical evidence, and represent you at a hearing if needed. If you are denied and plan to appeal, having representation increases your chances of winning at the hearing stage.

Special Situations: Work Incentives and Continuing Benefits

If you are approved for SSDI, you can work part-time and still receive benefits under work incentive programs. The most common is the Trial Work Period, which lets you work and earn money for nine months without losing benefits. After that, there is a nine-month grace period where you keep getting benefits even if your earnings are high. Social Security will explain these rules when you are approved.

Once you receive benefits, Social Security will periodically review your case to make sure you still meet the definition of disability. For SSDI, reviews usually happen every three years unless your condition is expected to improve, in which case they happen sooner. You will receive a letter telling you when your review is scheduled. Attend any medical appointments Social Security schedules for you, because missing them can result in your benefits being stopped.

If your condition improves and you return to work, tell Social Security right away. Do not try to hide work income—they will find out through tax records, and hiding it can result in overpayment that you will have to repay.

Frequently Asked Questions

Can I explore for disability while I am still working?

Yes. You can explore even if you are currently employed. Social Security looks at whether you can do substantial work in the future, not whether you are working right now. If you are working but earning very little because of your condition, that can actually strengthen your case.

How much will I receive if I am approved?

SSDI payments are based on your work history and earnings record, so the amount varies. SSI payments are the same for everyone in Virginia unless you have a spouse or dependents. Social Security will tell you the estimated amount when you explore. The exact amount depends on your specific situation and changes yearly with cost-of-living adjustments.

What if I cannot afford to wait three to six months for a decision?

You can request expedited processing if you are in financial hardship, but Social Security rarely grants this. You can also look into emergency information programs through your county or city while you wait for a decision. Call 211 Virginia (dial 2-1-1) to find local emergency aid programs in your area.

Do I need a lawyer to explore?

No. You can explore on your own and many people do. A lawyer is most helpful if your process is denied and you are preparing for a hearing. If cost is a concern, contact Virginia Disability Law or your local legal aid office to see if you may have access to for free representation.

What if my condition is temporary or expected to improve?

You can still explore. Social Security will ask when your condition is expected to improve and will schedule a review sooner than usual. If you improve and return to work, your benefits will stop, but you can reapply later if your condition worsens again.