Southwest Virginia SSDI & SSI Social Security Disability Lawyer

SSI Social Security Disability LawyerSouthwest Virginia Social Security Disability Lawyer for Claim Filing and Benefit Denial / Appeals

Astoundingly, 23.6% of adults in Virginia have a disability.[1]  If you or a loved one is living with a serious mental or physical disability and is unable to work, you may qualify for disability benefits through the Social Security Administration (“SSA”).

Each year, hundreds of thousands of Southwest Virginians are eligible to collect disability benefits through two government programs: Social Security Disability Insurance (“SSDI”) and Supplemental Security Income (“SSI”).  However, the process to become one of the recipients of these benefits can be extremely difficult, as the majority of initial applications are denied, despite the applicant satisfying the medical requirements.

At the Law Offices of Mark T. Hurt, we have successfully represented SSDI and SSI clients throughout Southwest Virginia for years.  As an experienced Southwest and Abingdon, Virginia Social Security Disability lawyer, Mark Hurt can utilize his experience to help you file an application or appeal for the benefits you and your family deserve.

Available SSDI and SSI Disability Benefits

Many individuals are eligible to collect SSDI or SSI benefits; and, in some cases, they may be eligible to receive both concurrently.[4]  To qualify for disability benefits, an adult individual must prove they have a mental, emotional or physical impairment which:

  • Stops them from engaging in Substantial Gainful Activity (“SGA”); and
  • Has lasted continuously for a minimum of one year or can be expected to result in death.[5]

A person earning more than the SSA-stipulated monthly amount is typically considered to be engaged in SGA.  For 2020, the monthly SGA for blind individuals is $2,110; for those who are not blind, the SGA is $1,260 per month.[6]  To incentivize attempts to return to work, the SSA permits disabled beneficiaries to collect benefits while engaging in work, as long as their monthly income is below the SGA limits.

While it is possible to engage in limited work, benefits may be compromised if you earn too much income.  Thus it is advisable to consult with a skilled disability lawyer in order to understand your entitlement to benefits. As a Southwest Virginia and Hillsville Social Security Disability lawyer, attorney Mark Hurt understands how work affects SSDI eligibility and can provide advice on how you may be able to earn limited income (if you are able to do so) under  the SGA thresholds and still receive benefits.

Social Security Disability Insurance

SSDI is a federal program that supports individuals who are disabled and have a qualifying work history.[7]  As those who are workers know well, social security is deducted from each paycheck, and this amount is contributed to the social security program. If a worker contributes enough payroll taxes into the Social Security fund (throughout their career), they will be eligible to collect benefits.

How is Social Security Compensation Paid?

Benefit compensation is paid monthly for the duration of the disability, and may increase as the cost of living increases.  In 2019, the average disability benefit is $1,233.70 per month;

In addition to paying benefits to a disabled worker, the spouse and children of SSDI recipients may also be eligible to collect a partial benefit.  Additionally, survivors’ benefits can be awarded, if a loved one dies while collecting SSDI; a spouse, parent or child may be eligible to collect benefits based on the deceased individual’s work record.  When you meet with our firm, we can advise you as to your eligibility, and that of your family members, to collect additional social security benefits.

Supplemental Security Income – What if I Have Not Worked Long Enough?

For low-income individuals who have not fulfilled the SSDI work requirements, SSI may be available in place of normal social security compensation.  If you are aged, blind, or disabled, you may qualify if your assets are less than $2,000, and you have a limited income.  In addition, in most states a person collecting SSI benefits will also automatically qualify for Medicaid.

Applying for Social Security Disability Benefits

More than half of all those applying for SSDI benefits receive an initial rejection.  As a Southwest Virginia Social Security Disability lawyer serving Roanoke and the surrounding communities, through our experience, familiarity with the common reasons for claim rejection, and understanding of precisely what it usually required in order to receive benefits, we can help to increase your chances of successfully being awarded the benefits you are entitled to at the outset.  And, because we are only entitled to a fee of 25% of the “backpay” (not future benefits), our fee tends to be relatively minimal when we assist applicants who are seeking benefits shortly after they have become disabled.

Prior to filing a claim, a SSA Disability Report must be completed, and the following supporting documents must be compiled:

  • Personal Identification (birth certificate, proof of U.S. citizenship, military discharge paperwork (if prior to 1968), etc.);
  • Benefit award letters and settlement agreements (including temporary or permanent workman’s compensation)
  • Work History (tax returns, W-2s, paystubs, etc.)

A representative from the SSA will ask you a series of questions regarding you, your family, your disability, your work history, and general medical treatments and care.  It is important to be candid about your disability and to ensure that you provide details regarding any secondary medical issues stemming from your impairment.

Appealing a Denial of SSDI Benefits

If your SSDI or SSI claim has been denied, it is natural to feel dejected and hopeless, but it is important to understand that you may still have options. 70% of all initial disability claims are denied, even when a person has a qualifying disability.  Benefits are often rejected for the following reasons:

  • Disability is not severe enough or is not expected to last at least one year
  • The disabled individual can perform their usual work or another type of work
  • Adequate medical documentation is not provided
  • Physician orders are not followed
  • The impairment is caused by drug or alcohol consumption
  • Minor application errors

If an SSDI claim is wrongly denied, the decision can be appealed at four levels: (1) Reconsideration; (2) Court Hearing; (3) Appeals Council Review; and (4) Federal Lawsuit.

Reconsideration

The first step in the appeals process is filing for a reconsideration.  During a reconsideration, a qualified SSA representative, not involved in the original determination, will review all evidence that has been submitted and will make an independent determination regarding your eligibility.

Court Hearing

If the reconsideration is unsuccessful, you will have sixty days to file for an administrative hearing before a judge.  During the hearing, you can present evidence, call witnesses (including vocational and medical experts), and have attorney representation.  The Administrative Law Judge (“ALJ”) will render a verdict regarding your claim, after reviewing all evidence.

Appeals Council Request for Review

If your claim is denied by the ALJ, an Appeals Council Request for Review can be submitted.  The Appeals Council (“AC”) in the Office of Analytics, Review, and Oversight (“OARO”) will evaluate the ALJ’s determination and either make its own decisions or ask the ALJ to rereview the application.

Federal Lawsuit

If your claim remains denied after exhausting all levels of appeal, you can file a lawsuit in a federal district court.  Bringing a lawsuit for SSDI or SSI benefits can be complicated.  As a skilled Wytheville Social Security Disability lawyer with decades of litigation experience, Mark Hurt can help you navigate the complexities of a SSDI lawsuit to help secure benefits as soon as possible.

Because most applications are denied and the appeals process can be lengthy, it is important to submit a claim expeditiously.  SSDI benefits do not begin until you have been disabled for six months, and the SSA does not begin calculating this waiting period until the month after they determine the disability arose.  This six month period coupled with likely appeals can result in the process dragging on for months – the faster you submit your claim, the sooner you may be able to collect.

Hire an Experienced Southwest Virginia Social Security Disability Lawyer

The likelihood of being denied benefits is extremely high; but, having a knowledgeable Southwest Virginia Social Security Disability lawyer represent you may greatly increase your chances of obtaining a favorable outcome from the initial claim filing.

At the Law Offices of Mark T. Hurt, we believe that disabled clients should be able to secure competent legal representation, even if they do not have the financial means to do so upfront.  If you hire our firm, you needn’t be concerned with how you are going to pay for our services – we only charge a fee, if we secure benefits on your behalf.

We represent our disabled clients on a contingency fee basis, meaning that we only collect a 25% fee of the backpay amount if we are successful in having benefits awarded.  This fee is typically capped at $6,000 by the SSA, and payments are generally issued directly to our firm by the SSA.

To ensure that our clients fully understand the expenses and costs associated with our representation, we will provide a detailed fee agreement prior to commencing representation and will be happy to answer any questions that you may have.

Call to Schedule a Free, No-Risk SSD Consultation with Our Firm!

For over three decades, Mark Hurt has been representing Southwest Virginians throughout Abingdon, Hillsville, Roanoke, Wytheville and the surrounding communities.  At the Law Offices of Mark T. Hurt, we have successfully secured hundreds of thousands of dollars in SSDI and SSI compensation for our clients.  Call our offices today to schedule a free consultation to learn more about how we serve and represent clients in Social Security claim submissions and appeals.

For additional Social Security Disability information, feel free to see the information on the following links:


[1] Disability and Health Promotion, Centers for Disease Control and Prevention, https://www.cdc.gov/ncbddd/disabilityandhealth/impacts/virginia.html.

[2] Annual Statistical Report on The Social Security Disability Insurance Program, Social Security Administration (2018), https://www.ssa.gov/policy/docs/statcomps/ssi_asr/2018/ssi_asr18.pdf. (4.3% of the approximate 5 million Virginia residents collect SSDI).

[3] Research, Statistics & Policy Analysis, Social Security Administration (Oct. 2019), https://www.ssa.gov/policy/docs/statcomps/di_asr/2018/index.html.

[4] Understanding Supplemental Security Income SSI Eligibility Requirements – 2019 Edition, Social Security Administration, https://www.ssa.gov/ssi/text-eligibility-ussi.htm.

[5] Benefits Planner: Disability |How You Qualify, Social Security Administration, https://www.ssa.gov/planners/disability/qualify.html.

[5] Benefits Planner: Disability |How You Qualify, Social Security Administration, https://www.ssa.gov/planners/disability/qualify.html.

[6] Substantial Gainful Activity, Social Security Administration, https://www.ssa.gov/oact/cola/sga.html.

[7] Work history is tracked using a system of credits that are earned based on taxable income.  To qualify for SSDI, an individual typically will need a minimum of forty lifetime credits, twenty of which were earned in the ten years prior to the disability.

[8] Research, Statistics & Policy Analysis, Social Security Administration (Oct. 2019), https://www.ssa.gov/policy/docs/statcomps/di_asr/2018/index.html.

[9] Disability Benefits, Social Security Administration, https://www.ssa.gov/pubs/EN-05-10029.pdf.

Understanding Supplemental Security Income SSI Eligibility Requirements – 2019 Edition, SSA, https://www.ssa.gov/ssi/text-eligibility-ussi.htm

There are also other limits on the fees to which a law firm may receive in representing those who are disabled.  We will explain these limits and other fee and cost matters at the outset of our representation in our engagement letter.

Outcomes of Applications for Disability Benefits, Social Security Administration, https://www.ssa.gov/policy/docs/statcomps/di_asr/2018/sect04.pdf.

Hearings and Appeals, Social Security Administration, https://www.ssa.gov/appeals/DataSets/07_AC_Requests_For_Review.html.

Disability Determination Process, Social Security Administration, https://www.ssa.gov/disability/disability.html.

Clients are personally responsible for making payments for ancillary expenses such as the costs to obtain medical records.

What Our Clients Say

After my car accident, Mr. Hurt and his team worked very diligently to get me a fair settlement. Courtney Cormier, a paralegal on the team, was an invaluable asset to me. She always kept me informed of everything that was happening. I couldn't have had a better experience.
Caleb & Kristina Murray
Caleb & Kristina Murray
21:54 22 Feb 21
I could not be more pleased with the service I received. He is a wonderful lawyer and he gets the job done.
Country living woman Mountains
Country living woman Mountains
05:52 22 Dec 20
This law firm has great people skills and are very professional and efficient I would definitely recommend anyone to this law firm.
Lucas Green
Lucas Green
18:06 06 Dec 20
Courtney done a very good job with my case at the abingdon va office very quick and efficient great job highly reccomended my auto accident was in may and alreadh we have settled for maximum amount thanks so much
James Smith
James Smith
06:57 05 Dec 20
I contacted the law offices of Mark T. Hurt regarding a traffic ticket I received. Initially I was concerned because I live between Florida and New York, and with Virginia being midway, handling my ticket would be a major inconvenience, and I wanted to keep my record free of any infractions.Choosing Mark T. Hurt to represent me was the best choice I made, and it was further improved with the assistance of Rhonda, who contacted me once they received my request. Rhonda is one of those unique people who has mastered the fine line between being perfectly professional and friendly. Every conversation we had, was made to feel as if I were speaking to a close friend. One of the most appreciated aspects of working with her was her understanding and respectful of my schedule and time.For my work, I have a hectic schedule and very few free moments, so being able to handle things quickly and effectively is a priority for me, and Rhonda understood that and took care of everything as if she knew exactly what I was expecting. I even got sick while working with Rhonda, and her first comment was to wish me well. She also went out of her way to find solutions regarding my traffic citation that worked around my schedule. The price was fair, and when considering the quality of work and more importantly, the quality of people you will be reliant upon to ensure the best possible outcome for whatever your situation is, they can ask for 10x more than what I paid and it would still be worth it.All in all, recommendation for this law office, and for Rhonda herself, could not be higher. If you are searching for someone to represent you in any legal matter whatsoever, this is the office to work with. Thank you again Rhonda.
Al Fortunatti
Al Fortunatti
00:47 07 Nov 20
My lawyer Courtney in charge of my case was very professional, and very responsive to my personal injury and auto claim. She had it settled in a timely manner very polite and I would recommend this office to anyone.
Samantha Mays
Samantha Mays
21:28 06 Nov 20
I would highly recommend this law firm! Courtney helped me with my personal injury case, she answered all my questions and was always responsive throughout the entire process.She advocated for me efficiently and strived for the best possible outcome.
SCTC-Kimberly Dickey
SCTC-Kimberly Dickey
17:16 27 Oct 20
I'm not a Virgina resident and had found this firm through Google. I have a traffic violation case in tennessee and was desperate to get awnsers. This law office's staff was so helpful even though I wasn't able to even be a client, I believe the person who awnsered was Ashley. After their direction on finding another attorney and my case I was able to push my court date back and will be able to find someone to represent me.I'm not even a client, they didn't have to help me at all! I just wish they practiced in the tri cities area! Would recommend this group!
Benjamin Smith
Benjamin Smith
18:34 22 Oct 20
I contacted the affordable Law Offices of Mark T Hunt regarding a ticket I received. They requested certain documents from me, went to court on my behalf and got the ticket dismissed! The entire process was easy, fast and efficient. When I emailed or texted them their response time was impeccable!I would HIGHLY recommend them if you are looking for a professional attorney!
Davina Waller
Davina Waller
16:41 22 Oct 20
Under the circumstances that I had to have an encounter with Mr. Hurt, if I needed another team to represent me, I wouldn't hesitate for a second. The sheer communication that I had with Ashley was phenomenal. I was informed every step of the way. I was directed to each step of the process. I thoroughly enjoyed working with this law firm and would HIGHLY reccomend them. They were able to have my ticket completely dropped with no points added. Thank you all so much for all your hard work you did for me.
Chris Sanders
Chris Sanders
16:56 21 Oct 20
Mark and his team were very professional and courteous. They done a excellent job with my traffic ticket. I would highly recommend them.
Shannon Hanes
Shannon Hanes
16:26 21 Oct 20
My son got a speeding ticket in Virginia going back to school in Alabama. We contacted Mark Hurts office and they were very responsive and handled the entire situation for us.
Mary Ellen Fennell
Mary Ellen Fennell
22:54 20 Oct 20
The Law Offices of Mark Hurt made the process of dismissing my ticket so effortless! They were told me all the steps I needed to take to make Mr. Hurt’s job easier, and he was able to dismiss my ticket! I’m so thankful I used Mark Hurt to represent me in court. I would highly recommend him to anyone I know.
Cristina Marie
Cristina Marie
16:33 15 Oct 20
Friendly. Efficient. Professional.I’m thankful!
Moody Witoutcoffee
Moody Witoutcoffee
03:56 09 Oct 20
Rafael Oliveira
Rafael Oliveira
11:13 06 Oct 20
Cleber Bandi
Cleber Bandi
00:06 06 Oct 20
Lindaura Williams
Lindaura Williams
23:47 05 Oct 20
Flavia Oliver
Flavia Oliver
14:48 05 Oct 20
T. O.
T. O.
19:55 03 Oct 20
anita R Oliveira
anita R Oliveira
15:25 03 Oct 20
I highly recommend anyone to choose The Law Offices of Mark T. Hurt for their issues! They were extremely nice, helpful, and professional, especially Courtney! Every question and concern was always answered. I am thankful for all their help!!
Brittany Gobble
Brittany Gobble
17:35 29 Sep 20
They were very helpful, and answered all of the questions I had, and got great results from my court hearing, I would highly recommend!
Bodie Breitbach
Bodie Breitbach
15:49 21 Sep 20
This law firm is the best of the best and Courtney was just wonderful in every aspect. Extremely helpful and answers every question and always willing to help! Mark Hurt and his crew are the best! Thank you all for helping my family in a very difficult time. Highly recommend.
Tony Statzer
Tony Statzer
14:41 17 Sep 20
Late in July I was charged with a reckless driving ticket in Greenville County, Virginia. I got caught going 83mph in a 55mph zone. It was my first offense on my driving record and I did not need a misdemeanor which could hurt my career. I was assured by Mrs Rhonda Hurt not to worry and that her team would take care of it. On my end, the only effort I put in was taking a 12 hour defensive driving course and sending her my driving record. Two months later, the result of my hearing was a reduction to a defective equipment/non driving violation with 0 points off my record. The other good part about this case was I did not have to go to court. In court fees I paid $68 and a fine of $78 for my ticket. Mrs. Rhonda and her team put together a miracle in that county and I cannot give her enough credit. I sincerely recommend this firm because I know they worked hard on my case and will do the same for you. Thank you again!
Marqus Keith
Marqus Keith
14:54 15 Sep 20
I highly recommend this law firm! Rhonda answered all my questions regarding social security questions and she put my nerves at ease! Im so thankful for her kind spirit and her honesty!
Catina Ratliff
Catina Ratliff
17:51 05 Sep 20
The law offices of mark hurt was very good to me and my family great people great service and great results courtney was our paralegal that presided over the case could not have asked for more to be done.
Danny Kiser
Danny Kiser
18:34 31 Aug 20
I got a traffic ticket while I traveled passing through VA in May.It is a big deal if you have the Law Section: 44-1/46/2-862 and speeding excess of 80 MPH in your ticket. It is a Criminal Misdemeanor Reckless Driving Charge!I saw Mark T. Hurt's Law office simple letter, I decided to give a call and get a free consultation.From the call, Rhonda provided a detail explaining the criminal charge of the Misdemeanor Reckless Driving ticket is about. She is a very caring and honest person, no sale pressure to me to take their law office at all.Once I decided to use their firm to represent me in court, it didn't take an hour, I was told totake some actions and wait for cout day to see the result. That is that simple and no worry at all. On the court date, I received text messages from lawyer's office. Guess what? The lawyer did a miraculous and fantastic job for me in the court.The Reckless Driving Misdemeanor ticket has been reduced to an Improper Driving traffic ticket.Thanks to Mark T. Hurt's Law office team! They are not only very professional and transparent but also does the best quality job you can find. I strongly recommend them to be your lawyer if you need one in VA.
C.Y. Kuan
C.Y. Kuan
01:07 23 Aug 20
Having landed a Reckless Driving (99 in a 65) on my way back to FL from WV, I came across this law firm when searching something along "best reckless driving lawyers Virginia."Mr. Hurt's firm dropped my "Criminal Misdemeanor" to an improper driving. Which from my understanding is right next to a normal speeding ticket.All expenses accounted (payment, court cost, fine), I'm out roughly $1,100 ; but I'd much rather pay that once today, than every six months to an insurance company for the next... God knows how many years. I am extremely grateful and overjoyed with my outcome.As far as speaking with the great ladies at these offices, everyone was always kind, quick, and considerate. They answered all my questions, explained all my options and possible outcomes. I had a clean record, and had now experience dealing with courts or lawyers, so their patience and knowledge was especially helpful. If I ever screw up again (I pray to God I don't) I hope it's in Virginia, so I can call upon Mr. Hurt's offices.
Nomadic Wolf
Nomadic Wolf
21:06 21 Aug 20
I would like to thank Hope for helping me get my SSDI. She was a true professional a great help with my success. great asset to the law firm and honest lady could not ask for anyone better. Thank You, David
David Harden
David Harden
21:17 20 Aug 20
I had a miracle outcome
jose feliz
jose feliz
22:14 18 Aug 20
I got stop in wyth county saw good reviews on Law of Mark, i can say i highly recomend them, got stop 79mph on a 60mph, they all i had to pay was a low amounth of $200 fine plus court cost $76 and they got me out with zero point infraction, if you looking for lawyer on traffic tickets here its the place to go with! Very professional and representatives will be there to help any time!
Brisio Gaza
Brisio Gaza
23:12 15 Aug 20
This law firm is the up most professional and highly knowledgeable in it's field of work. Courtney is awesome and a pleasure to work with she is the best at her job. We highly recommend this law firm!
Christy Statzer
Christy Statzer
02:52 11 Aug 20
Courtney Cormier and the law office, was amazing! Courtney was very efficient, timely, and responsive. I had an issue with a previous employee, but due to that, Mr. Hurt wanted to ensure that I was completely satisfied, so he made adjustments on his fee, just to make sure I was happy! You couldn't ask for a better paralegal or law office! I highly recommend this firm!
Jessica Ann Roberts
Jessica Ann Roberts
20:10 30 Jul 20
I called seeking help with a traffic ticket I received. I spoke to the legal assistant, Ashley and she was very helpful.
Nathan
Nathan
13:54 30 Jul 20
my Attorney Courtney Cormier was amazing and very helpful and patient with me and the case and always keep me updated on all the steps and procedures of the process i would definitely recommend her and this office they are amazing
Branden Lewis
Branden Lewis
15:24 21 Jul 20
These guys got my reckless driving charge of a 94 in 70 down to a improper driving. You won’t regret hiring them to help you out!
Haley Walser
Haley Walser
23:22 20 Jul 20
Great experience with Courtney Cormier! Thanks for the professional help!
Alisha Fagan
Alisha Fagan
16:26 20 Jul 20
Thank you for doing the best you guys did an amazing job with my case I appreciate everyone that worked on my case I definitely recommend this law firm!!
Abdullah Shaikh
Abdullah Shaikh
14:56 16 Jul 20
Great people! Very helpful and professional.
Heather Foster
Heather Foster
21:53 15 Jul 20
Wonderful, family oriented law firm. The staff are very attentive and courteous especially Courtney. I highly recommend this legal establishment!
Duane Cormier
Duane Cormier
17:25 15 Jul 20
Amazing group of people to work with Courtney is fantasticI would highly recommend this group
Kara Ginter-Hensley
Kara Ginter-Hensley
21:41 14 Jul 20
Great firm!! Diana will walk you through everything you need to take care of a traffic ticket.
Braden Alexander
Braden Alexander
19:28 14 Jul 20
They are very professional, and respectful with everybody, including one of his employees, Rafael
Flavia Oliver
Flavia Oliver
17:01 14 Jul 20
The personnel who work here are constiment professionals. Rhonda Hurt kept me abreast of all proceedings and changes without the need for me to follow up, allowing me to maintain a piece of mind knowing that the Law Offices of Mark T Hurt were on the job (Rhonda kept me up to date through text and e-mail).During the beginning of the COVID-19 outbreak all court dates were changed. I received a personalized letter from Mark assuring me that he and his team was on the job and was going to see my case through to the end while keeping me looped in.Thank you for all your help and persistence to see the great outcome I received.I highly recommend anyone to use the Law Offices of Mark T. Hurt for their issues!
Jon H
Jon H
11:34 13 Jul 20
They are a hard working team that care about their clients.
Frederick Baker II
Frederick Baker II
05:13 26 Jun 20
Fast, professional, and friendly. One of the best we have had for our family case and would HIGHLY recommend!!
Jonathan Mora
Jonathan Mora
19:13 04 May 20
I had a summons to court for reckless driving doing 82/70, and they took care of it without a problem and got it dismissed for me! They also work with you on your payments! Rhonda is the sweetest person I’ve ever spoke too, she worked with me and helped me tremendously! I highly recommend you choose this amazing and sweet firm to help your cases! ❤️
Aleah Nicole
Aleah Nicole
13:46 11 Apr 20
They are here to help you out and take care of your needs. I would recommend them for sure.
Dusty Kimber
Dusty Kimber
22:43 02 Apr 20
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
Kendrick Wiggins
20:03 02 Apr 20