Cave Spring, VA SSD Lawyer and Disability Benefits Attorney for Applications & Appeals 

Cave Spring, VA SSDLiving with a disabling injury, illness, or disease is challenging. When a person can no longer work, living with a disabling condition is compounded by the lack of income, which can make it difficult (or even impossible) to afford even the necessities.  In situations such as these, Social Security Disability (SSD) payments are vitally important, as benefits can help compensate for lost wages and provide much needed financial support.

At the Law Offices of Mark T. Hurt, we’re here to lessen the financial burden by helping those who are disabled with the process of obtaining the SSD benefits that they need and deserve.

For those who are in the process of making the initial application, we can explain the process and prepare the application so that the Social Security Administration can make a qualification determination.  For those who have received a denial, we provide representation in the reconsideration/appeals process.

It’s important to understand that preparing the application and complying with the required documentation can be complex.  Most claimants who apply without obtaining legal counsel and who do not have a full understanding of the documentation and paperwork required to substantiate a claim are usually denied benefits.  Often, this is a result of minor application errors or a lack of sufficient medical documentation, even when a qualifying disability exists.

When a claim is denied – even if the denial is due to a small technicality – there will typically be months of delay.  The SSA does not allow an applicant to simply make a small correction (such as to provide additional documentation), and then quickly approve a claim.  Instead, after a claim is denied, the applicant must go through an often lengthy reconsideration/appeals process.

We advise clients on the law and assist in obtaining relevant documentation from physicians to prove claims.  If benefits are denied, we can explain the appeals process, timely file an appeal, and fight tenaciously in seeking to get all benefits that are rightfully deserved.

Attorney fees for representation in a Social Security claim must be approved by the SSA, and are typically paid by the SSA directly to the attorney.  Fees are only awarded if benefits are obtained, and, by law, attorney fees are normally capped at 25% of the back pay amount or $6,000, whichever amount is less.

There are no attorneys’ fees for future payments that are not yet due.  Instead, fees are only applicable on what is known as the “back pay” – the amount of past benefits due when the award for benefits is made.  As a result, legal fees will be limited (more so for representation in an initial application, as the time period for back pay will typically be only a matter of months).    And, as always, our initial consultation is free.  

With no upfront fees and a complimentary consultation, call today to schedule a free claim evaluation so that we can begin helping you through the process of seeking to obtain disability benefits 

What is Social Security Disability (SSD)?

Social Security Disability Insurance assists those who are disabled and unable to work and who have a qualifying employment history.  To be eligible, applicants must have a sufficient amount of work credits.  Up to four credits can be earned each year that an individual works and pays Social Security taxes.  The Social Security Administration (SSA) requires that quarterly taxes be paid a total of twenty out of the last forty quarters from the date of an application.  Typically, this equates to a total of 40 credits, 20 of which must have been earned within ten years before the disability.   

In addition to having enough work credits, the debilitating condition must be severe and prevent an individual from working for at least twelve months.  As long as a qualifying disability exists, and a person is unable to work, they remain eligible for benefits. 

Is There an Age Limit for Social Security Disability?

Applicants cannot collect both SSD and Social Security Retirement (SSR) benefits at the same time; thus, a claimant must typically be between the ages of 18 and 65 years old to be eligible for payments.

While those over the age of 65 are typically not eligible for SSD, there is an exception; however, it can be an uphill battle to obtain benefits.  If an elderly individual is not drawing SSR and is unable to continue working because of a disability, it is possible to receive disability payments.  However, extra consideration will be given.  For instance, a claims examiner or Administrative Law Judge must carefully review medical records to determine if the condition is attributable to age or a qualifying disability.  If the inability to work is due to age, they may be ineligible.

If you are unable to work because of a medical condition and are over age 65, you should consult with our experienced Cave Spring SSD attorney Mark Hurt.  You may qualify for disability benefits so that you will not have to retire earlier than anticipated.  

How Long Do I Have to Wait for an SSD Decision?

The wait times for every case in Virginia are different.  After filing an initial application, it typically takes four to six months for a decision.  If approved, benefits will commence within thirty to sixty days.

If denied, a reconsideration (the first level of the appeals process) will be required.  At this stage, it can take another four to six months to receive a decision.  Finally, if an unfavorable determination is made at the reconsideration level, it will be necessary to appeal to an Administrative Law Judge for a hearing.

It can take over a year for a hearing.  Fortunately, if benefits are awarded, SSD back pay will be paid for most of the wait time in the first benefit check.

Because each level of the process can be time consuming, it is beneficial for applicants to secure an approval at the initial application or reconsideration level.  As an attorney with over thirty years of legal experience, Mark Hurt understands what level of proof is typically required for an award.  Call our firm to learn how we can assist in seeking to secure benefits for you as quickly as possible.

What Are the Steps of the SSD Application Process?

The following are the steps of the SSD application process (if you secure an approval, it is not necessary to engage in any additional steps):

  • Initial Application. The Disability Determination Services (DDS) reviews the initial application and supporting documentation to determine if a qualifying disability exists.  Approximately 70% of initial claims are denied. 

As a result of the high denial rate (which is higher when an attorney is not retained), individuals who are applying for social security benefits are strongly encouraged to retain an experienced social security disability lawyer at the outset.  Attorney fees will be much less than if an attorney is retained at the reconsideration/appeals stage, and applicants receiving an award as part of the initial filings stage will receive benefits significantly sooner than if a reconsideration/appeal is required.

  • Reconsideration. If the initial application is denied, the decision can be appealed within sixty days from the date listed on the top of a denial notification.  A second examiner will review the application and render an independent decision.
  • Administrative Law Judge (ALJ) Hearing. If a request for reconsideration is turned down, an applicant has sixty days from the denial to request an appeal hearing.  Much like a trial, evidence can be presented, and experts will testify before an Administrative Law Judge, who will make an eligibility determination.
  • Appeals Council. If an ALJ denies a claim, the decision can be appealed to an Appeals Council (AC).  If the AC decides to review a claim (it has the option to refuse to hear a case), a determination could take an additional year to receive.
  • Federal Appeal. If all other appeal options are exhausted, a denial can be appealed in federal court, which typically takes roughly eight months from the date of the filing.

Hiring an experienced attorney has been shown to increase an applicant’s chances of success threefold.  If you are denied benefits, do not delay in calling our office, as you normally will have only sixty days to file an appeal.  We can timely file appeal paperwork, assemble documentation, and fight tenaciously in a hearing (if needed) in seeking to get you the maximum benefits possible.

Is an SSD Lawyer Expensive?

At the Law Offices of Mark T. Hurt, you will only pay a fee if we are successful in obtaining disability benefits.  Thus, you will not have to worry about paying any upfront, out-of-pocket expenses (outside of potentially paying to get a copy of your medical records).  Further, fees are typically paid to our firm directly by the SSA, meaning that you will not have to hassle with calculations or writing a check.

Do I Need an SSD Lawyer?

You do not need a lawyer for the Social Security Disability process.  Nonetheless, having a lawyer by your side can be extremely helpful and increase your chances of receiving an approval.

It is easy to make mistakes when filling out the initial SSD application, and the first step requires lengthy paperwork, extensive documentation, and medical records.  At the Law Offices of Mark T. Hurt, we can assist in helping you avoid making costly mistakes to increase the odds of having an initial application approved.  If you are denied benefits, we can help you timely appeal so that you will not miss any opportunity to obtain much-needed disability payments.  The faster you call to schedule a free consultation, the quicker you may be able to begin collecting benefits.

Client Review

“Great job of communicating throughout the entire process. Rhonda and staff were very professional, with great knowledge, and results.They were able to get my speeding ticket completely dismissed.”

Kendrick Wiggins
Client Review

What Our Clients Say

Mary, Bart, and Mark helped me tremendously with my workers compensation case. We navigated a long (over a year) road together and they helped me to not only win my case, but obtain a settlement of over $125k. I would recommend the Offices of Mark Hurt to anyone needing someone to stand with them in their corner! Thanks again Mary and Bart!! :-)
Charles Dutcher
Charles Dutcher
1685471585
Extremely pleased with the prompt support and guidance from Michael. He and the office staff were great to work with. They walked us through the process and were able to have my daughter's traffic violation dismissed with 0 points.
ga thomson
ga thomson
1684936164
Bart and Mary were very professional and helpful with my claim. I appreciate all that you did for me. You were great.Thanks forall that you've done.Clifford E Boyer
Clifford Boyer
Clifford Boyer
1683668004
I started receiving services through this law firm in 2017 for my workers compensation case. Over the years, this firm has been attentive, kind, patient and understanding to my needs. My calls were returned promptly, if the associate was unavailable at that time and I have had ample opportunity to speak with Mr Hurt directly concerning my case. With Mary Wilson, Bart Conway, Mr Hurt and others behind the scene, my case has progressed smoothly. I am very pleased with the services and attention I received at this firm and would recommend Mr Hurt, Mary and Bart for your needs.
Teresa Harris
Teresa Harris
1683569779
We hired Mr. Hurt to help settle a worker’s comp injury case for my husband. Mark, Bart, and Mary worked tirelessly to resolve his case and reach a settlement we were pleased with. They were always available to answer questions and returned calls in a timely manner.
K F
K F
1682489385
We were fortunate to find the Law Offices of Mark T. Hunt to help us set up our estate. Melanie was a joy to work with. She did a wonderful job putting together all of the documents needed to complete our estate planning.
Roxanne Mcfall
Roxanne Mcfall
1681766365
The office got right back to me and were compassionate about my sensitive situation
polly deal
polly deal
1680754180
Jessica was helpful in assisting me with my disability claim!
Amber Snapp
Amber Snapp
1680618358
Jessica was super helpful when I had questions about submitting my claim for disability. She also got me a case manager quickly!
Amber Petrovich
Amber Petrovich
1680618228
I have only praise for the Mark T Hurt firm and especially Michael Miles. Michael was very helpful in guiding me through the court process ans assuring a good outcome. I would recommend this firm and Michael in particular if you need representation in Virginia!
Dave Dalpiaz
Dave Dalpiaz
1680114987
I called and spoke with Jessica in the Disability Dept. after my Denial and she was right on top of getting me the paperwork to Hire them as my Representatives to Handle my claim from here on out
Allen Smith
Allen Smith
1679416063
Jessica was extremely helpful at assisting me with getting me in the process to file my disability case.
Jason Harris
Jason Harris
1678138281
Thank youJessica from the Social security DeptU were very Helpful
Christal Postema
Christal Postema
1678134153
Jessica in theSoccial Secuity Dept was great
Bryon Nimmo
Bryon Nimmo
1678130439
I spoke with Jessica and she was fantastic! She helped me get my social security disability application started and set up with a case manager.
Rebecca Hunt Ford
Rebecca Hunt Ford
1678128980
Jessica @ Social Security Department was very helpful and friendly with us today.
Winonia Blankenship
Winonia Blankenship
1678125271
I had a ticket and was upset. I did not want points on my license. Frankie was amazing and made sure all my bases were covered. The Law Office of Mark Hurt did a wonderful job and got my ticket completely dismissed!!!! I am so glad they helped me. They were so nice and answered all my questions. I never had to worry after I talked with them. I would highly recommend that anyone who needs help with a ticket to talk with this firm!! Thank you so much for everything!!!
Nichloas Wyatt
Nichloas Wyatt
1677981214
Jessica in Disability is awesome!! She replies quickly and gets things done. I’m very satisfied with my choice and feel great that it is in their hands!
laura dykes
laura dykes
1677875154
The individuals I spoke with were courteous, helpful, and thorough. Thank you Jessica.
RoseMarie Whisnant
RoseMarie Whisnant
1677785574
Jessica and the disability dept are very helpful and give excellent assistance with filling a claim very glad I contacted them
Jessie Hawks
Jessie Hawks
1677680471
Was very easy process. Jessica was very friendly and helpful while applying for Social Security Disability.
Darlene Robinson
Darlene Robinson
1677623644
Thank you so much Jessica for helping me with my social security disability case! You were kind, helpful, and understanding. I greatly appreciate you!
Kelly Bragg
Kelly Bragg
1677613932
Jessica and the group started helping me with my disability case the same day I called. 10/10 recommend
Brittany Poole
Brittany Poole
1677612031
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