Filing and Appealing Virginia Social Security Disability Benefits

If you're a resident of Virginia with a medical condition that keeps you from working full-time for at least one year, you may be eligible for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). SSDI is available to Virginians who have earned enough in work credits over the years to become insured under the program. SSI is needs-based and available to disabled Virginians who have earnings and assets below a certain low threshold.

How to File for Social Security Disability Benefits in VA

Social Security provides several methods for you to choose from when filing for disability benefits.

• File online using the SSA.gov web portal. If you're filing for SSDI, you can complete your entire application online. For SSI benefits, you can start your application online, but you may need to call or visit a field office to complete the application.
• Call Social Security at 800-772-1213 from 8 a.m. to 7 p.m., Monday through Friday, and speak with a representative who can help you complete your application. Deaf and hard of hearing claimants can use the TTY number at 800-325-0778.
• Go in person to a Social Security field office. You can enter your zip code into the field office locator to find the office closest to you.

There are around three dozen Social Security field offices in the state of Virginia. Offices are typically open weekdays from 9 a.m. to 4 p.m. Some offices may require that you make an appointment to apply for benefits, so be sure to call ahead and check.

Virginia Disability Determination Services

Once Social Security screens your application for basic eligibility criteria, your file is forwarded to Virginia Disability Determination Services (DDS), a state agency that makes medical determinations on disability applications. DDS is a division of the Virginia Department of Aging and Rehabilitative Services. Contact information for the main office is as follows:

Virginia Disability Determination Services
8004 Franklin Farms Drive
Henrico, VA 23229-5019

Phone number: 804-662-7625
Fax: 804-662-9041 or 804-662-7275

There are also several regional DDS offices in Fairfax, Richmond, Roanoke, and Norfolk. You can find the phone number, fax number, and address for these offices below.

Claims examiners at DDS review the medical records in your file to determine whether you meet Social Security's definition of disability (for example, meeting a listed impairment or having a residual functional capacity that rules out all work). In fiscal year 2023, claims examiners in Virginia approved about 42% of initial disability applications, slightly higher than the national average.

If your application isn't approved at the initial level, you have 60 days to request "reconsideration" of the denial. Reconsideration involves a different claims examiner who reviews your file and to determine whether the previous denial was incorrect. Around 17% of claims in Virginia were approved at the reconsideration level (using 2023 data).

Disability Appeals in Virginia

Virginians who receive a second denial from DDS can appeal further by asking for a hearing with an administrative law judge. At this stage, DDS will send your case to Social Security's Office of Hearings Operations (OHO), which schedules and conducts disability hearings.

There are five OHO locations that conduct hearings for Virginians. Your hearing will be handled by the OHO responsible for claims that originate from specific areas within the state. You can find the physical addresses, as well as the phone and fax numbers, for the office serving your area below.

Charlottesville OHO (serves Charlottesville, Culpeper, Danville, Harrisonburg, Martinsville, South Boston, and Staunton)
2nd Floor
1470 Pantops Mountain Place
Charlottesville, VA 22911

Telephone: 866-613-2969
Fax: 833-659-0418
eFile Fax: 877-390-2321

As of May 2024, the average wait time—the amount of months it takes between requesting a hearing and conducting your hearing—for the Charlottesville office is 8 months.

Norfolk OHO (serves Accomac, Hampton, Newport News, Norfolk, Portsmouth, Suffolk, and Virginia Beach)
3rd Floor
5850 Lake Herbert Drive
Norfolk, VA 23502

Telephone: 866-931-9167
Fax: 833-659-0420
eFile Fax: 877-871-1879

The average wait time for a hearing at the Norfolk office is 12 months.

Richmond OHO (serves Chesterfield, Farmville, Fredericksburg, Lynchburg, Petersburg, and Richmond)
1100 E. Main Street
Richmond, VA 23219

Telephone: 877-405-3665
Fax: 833-949-2150
eFile Fax: 877-871-1880

The average wait time for a hearing at the Richmond office is 11 months.

Roanoke OHO (serves Bristol, Covington, Roanoke, Wise, and Wytheville)
Second Floor, Suite 200
612 South Jefferson Street
Roanoke, VA 24011

Telephone: 866-592-3548
Fax: 833-659-0415
eFile Fax: 877-871-1881

The average wait time for a hearing at the Roanoke office is 12 months.

Washington, DC OHO (serves Alexandria, Arlington, Fairfax, and Manassas)
3rd Floor
1227 25th Street N.W.
Washington, DC 20037

Telephone: 866-414-6259
Fax: 833-949-2152
eFile Fax: 877-548-8583

Average wait time for a hearing at the Washington, DC office is 12 months.

The most recent available data for fiscal year 2024 shows that across all OHOs serving Virginia, judges issue favorable decisions in 41% of cases on average.

How Much is Disability in Virginia?

Disabled adults who receive SSI benefits can receive up to $943 per month in 2024 from the federal government, minus any countable income. But Virginia offers a state supplemental payment, called the "auxiliary grant," to adults who receive SSI and who live in assisted living facilities or adult foster care. (SSDI recipients don't qualify for the state supplement but usually receive higher federal payments, with a maximum amount of $3,822 per month and an average monthly benefit of $1,537).

To qualify for an auxiliary grant, you must be receiving SSI and live in an state-licensed assisted living facility, approved adult foster home, or approved supportive housing setting. Adults living independently and children aren't eligible for auxiliary grants.

The amount of the auxiliary grant varies depending on the amount of SSI you receive, and the maximum amount is typically increased every year. In 2024, for example, the maximum rate was raised to $2,079 per month. Recipients are also eligible for a modest personal needs allowance of $115 per month (as of July 2024).

To apply for the auxiliary grant and personal needs allowance, contact your local Department of Social Services office. There are 121 of these offices in Virginia. You can find the one closest to you by using the Department's office locator tool.

Virginia Medicaid Eligibility

Unlike most other states, Virginia doesn't consider you to be automatically eligible for Medicaid if you're approved for SSI. That's because while Virginia's assets limits for Medicaid are the same as the federal asset limits for SSI, Virginia's income limits for Medicaid are different from the federal SSI income limits.

Virginia's eligible income limits for Medicaid are based on a percentage of the federal poverty level. All adults between the ages of 19 and 64 with income up to $138% of the poverty level ($1,732 per month in 2024) can qualify for partial Medicaid coverage, while disabled adults with income up to 80% of the poverty level ($1,004 per month) can qualify for full Medicaid.

Virginia also allows Medicaid "spend downs" that let you deduct your medical expenses from your income for purposes of the eligibility limits. You can learn how to apply for Medicaid by visiting the Virginia Department of Medical Assistance Services website, which provides detailed information on how to file online, over the phone, in the mail, or with help from an authorized Application Assister.

Do I Need a Lawyer to Get Disability Benefits in Virginia?

You're not required to have a lawyer at any stage of the disability determination process, but for most people it's a good idea. An experienced disability attorney can help you gather important medical information, make sure you stay on top of any appeal deadlines, and represent you effectively at a disability hearing.

Two sites that are part of the Nolo family, Lawyers.com and Avvo.com, provide free lawyer directories. These directories allow you to search by location and area of law, so you can limit your search to Virginia attorneys if you wish, and they list detailed information about lawyers. You can visit www.lawyers.com/find-a-lawyer or www.avvo.com/find-a-lawyer to find out more.