Atticus offers free, high-quality disability advice for Americans who can't work. Our team of Stanford and Harvard-trained lawyers has a combined 15+ years of legal experience and has helped over 50,000 Americans apply for disability benefits.
More than 200,000 Virginians with an illness or disability receive federal disability benefits, including Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI), or both. Read on to learn more about the eligibility requirements and which conditions qualify for disability benefits in Virginia.
To be eligible to receive SSDI benefits:
You must be under 67 years old.
Be receiving treatment for a long-term disability that is expected to last longer than one year.
Be unable to work because of your condition. Or if you do work, it must not exceed the substantial gainful activity (SGA) limit.
Have worked at least five out of the last 10 years and earned 40 work credits.
You accrue work credits from the SSA based on your earnings. As of 2024, you get one credit for every $1,730 in your paycheck, whether through wages or self-employment income. You can earn a maximum of four credits per calendar year. Follow the link to learn more about work credits.
SSI is a need-based program, and the eligibility requirements are based on your resources and assets. You may qualify for SSI in Virginia if:
You meet the SSA’s definition of disabled.
You have very few assets (less than $2,000 for an individual, or $3,000 for married couples).
You make very little income (less than $943 a month).
According to the latest SSA data, here are some of most common conditions among those who received SSDI disability benefits in Virginia:
Mental health conditions: 34.6%
Musculoskeletal disorders: 29.0%
Nervous system and sense disorders: 10.0%
Circulatory system disorders: 7.6%
Injuries: 3.2%
Cancers (neoplasms): 3.1%
Respiratory conditions: 2.7%
Endocrine disorders: 2.1%
Genitourinary disorders (kidney disease): 2.0%
Digestive system disorders: 1.4%
Infectious and parasitic diseases: 1.0%
Congenital anomalies (birth defects): 0.6%
Hematological (blood) disorders: 0.3%
Skin conditions: 0.3%
Other qualifying conditions: 0.2%
The five most common approved conditions among Virginian recipients are:
Musculoskeletal disorders: 63,424 people
Depression, bipolar disorder, and related disorders: 24,503 people
Neurological (nervous system) disorders: 21,920
Intellectual disorders: 20,788 people
circulatory system disorders: 16,544
The SSA does not require applicants to hire a disability lawyer, but it’s a good idea to have one. A lawyer can guide you through every step of the application process including:
Helping you fill out the disability application
Gathering medical records
Filing for an appeal
Preparing you for a disability hearing in front of an administrative law judge
Representing you at a disability hearing
If you’re applying for disability benefits in Virginia, Atticus can help. Take our 2-minute quiz, and a member of our team can offer personalized advice about your disability claim — and connect you with a lawyer if you’d like.
There are no upfront costs to working with Atticus. You only pay your lawyer if they help you get your benefits and the one-time lawyer fee is capped at 25% of your back pay.
To qualify for disability you need to have a condition that prevents you from working for at least a year. You’ll also need to meet certain work history requirements (for SSDI) or be within certain income limits (for SSI). For more on these requirements, read our full write up here.
Any condition that will prevent you from working for a year or more can qualify for disability benefits. Some of the most common conditions include musculoskeletal disorders, mental disorders, nervous system diseases, and circulatory system diseases. See our full list of conditions that qualify here.
It takes an average of 6.1 months to get an initial disability decision in Virginia. Most people who apply are initially rejected, and need to appeal this decision. If you appeal and go to a hearing, the process takes around two years on average. Read more: How Long It Takes to Get Approved for Disability Benefits
The average SSDI payment in Virginia is $1,371.15 per month. The average SSI payment is $621.51 per month. What you’ll earn is dependent on your income, or the amount you’ve historically paid into the Social Security program. Read more on what amount you can expect.
Answer the application questions truthfully, consistently, and succinctly. You should also ensure that you gather and submit all your medical records with your application. The SSA paperwork can be complicated, so our legal team has written a full guide to the application here.
No, Virginia doesn't have a state disability program. Only five states (California, Hawaii, New Jersey, New York, and Rhode Island) have a state program. Residents of Virginia can apply for federal disability programs (SSDI and SSI). Read more about SSDI and SSI here.
How long has your condition made it hard to work?
Jackie Jakab
Lead Attorney
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