who can’t.
Working for those who can’t.
DO I HAVE AN SSD CLAIM?
Richmond Social Security Disability Lawyer
Injured While Working? Suffered a Disabling Injury? We Can Help.
At Harbison & Kavanagh, we understand that there can be few things as life-changing as the outcome of your Social Security Disability (SSD) claim, SSI claim, or workers’ compensation claim if you are injured on the job. If your well-being or if the well-being of your loved one has been compromised, speak with our Richmond SSD lawyers as soon as possible. We have a passion for helping hard-working employees recover their rightful benefits after suffering debilitating injuries.
Working with an SSD attorney who has specific experience with your type of claim is a great advantage. Attorneys Gregory Harbison and Sean Kavanagh have joined forces to compassionately, effectively, and zealously represent individuals before the Virginia Workers’ Compensatíon Commission, the Offices of Disability Adjudication and Review (ODAR), the Appeals Council, and the United States Federal District Court. We understand the nuances involved with the SSD application process and can use our knowledge to help guide your steps so you are not left in the dark as you wait for the benefits you need.
We proudly serve the residents of Richmond, Petersburg, Charlottesville, Williamsburg, Norfolk, Virginia Beach,
and the surrounding areas.
Determination. Preparation. Persistence.
Harbison & Kavanagh was founded on the belief that clients should always be priority number one. From our daily operations to our services, you can rest assured that we truly are devoted to being champions for the people. We are focused on winning your claim. We are dedicated to winning your case.
Our role in the attorney-client relationship is to help make sure you know we are working tirelessly to accomplish your goals. Our clients are typically going through one of the toughest times in their lives. Financial devastation is common. The case you trust us to handle can literally make the difference between living with a stable income or having no income at all. We don’t take that trust lightly.
What Are SSDI and SSI Benefits?
The SSA manages two primary programs designed to provide financial stability for individuals who can no longer work due to severe medical conditions. Social Security Disability Insurance (SSDI) provides monthly cash benefits to individuals who have accumulated enough work credits through past employment and payroll taxes. Alternatively, Supplemental Security Income (SSI) is a needs-based program designed to provide financial assistance to disabled adults and children who have limited income and assets, regardless of their employment history.
Navigating these options can be challenging, but an experienced Richmond Social Security disability lawyer can ensure you can access the maximum benefits available to you. You can receive reliable, consistent monthly cash deposits to cover basic living expenses like housing, groceries, utilities, and daily essentials. Because the application process often takes months or years, successful claimants typically receive substantial retroactive back pay in a lump-sum payment dating back to when their disability first prevented them from working.
Securing an SSDI claim automatically qualifies you for Medicare benefits after a specific waiting period, while SSI approval typically grants immediate access to Medicaid benefits to cover prescriptions, doctor visits, and specialized treatments. Dependent children or a spouse can also qualify for auxiliary monthly payments to maximize financial protection for the entire family.
How Do You Qualify for SSDI?
Qualifying for SSDI or SSI requires navigating a strict legal and medical framework established by federal law. To earn approval, you must meet both the technical criteria and the medical definition of a total disability. A knowledgeable Richmond Social Security disability lawyer can help you gather the appropriate evidence. SSDI requires a specific history of paying into the system via payroll taxes (work credits). SSI requires meeting strict low-income and limited asset limits, but has no work history requirement. The SSA evaluates every claim using a rigorous five-step sequential process:
- Current work status: You cannot earn more than the monthly Substantial Gainful Activity (SGA) limit set by the government.
- Severity of impairment: Your physical or mental condition must be severe enough to significantly limit basic work activities for at least 12 continuous months, or is expected to result in death.
- The Blue Book listing: Your medical condition must match or medically equal a recognized diagnosis listed in the SSA’s official evaluation manual.
- Past relevant work: Your condition must actively prevent you from doing any of the jobs you held over the past 5 years (provided the work lasted at least 30 days).
- Other gainful employment: The SSA evaluates your age, education, and transferable skills to determine if you can adjust to any other type of work in the national economy.
Building a bulletproof medical record replete with laboratory tests, imaging reports, doctor notes, and treatment histories is essential to satisfy these rigorous steps.
Exclusively Committed to Serving Injured & Disabled Workers
Work with a Caring Team that Looks After Your Best Interests
At Harbison & Kavanagh, we see ourselves as knowledgeable guides for our clients. They may have no idea what to expect, are potentially unaware of their options, and may not even understand their rights. We try to explain the claims filing process in plain language so you are always aware of what is happening in your case.
No case is too simple, too complex, or too big. We handle every case with the same degree of thoroughness, preparation, and dedication.
When we walk into court, we want to be the most prepared party. Through our experience, we have excellent knowledge of the law applicable to everycase. Making our legal knowledge useful requires that we obtain all relevant medical evidence, develop the evidence in the claim, and then study that medical evidence until we know it “inside and out.” We combine our knowledge of the law with knowledge of the evidence, solid preparation, and thorough investigation, which are critical factors to success in your claim.
Overcoming Denials Through the Appeals Process
Receiving a denial letter from the government can feel devastating, but the majority of initial applications are rejected. You have a strict 60-day window from the date you receive the denial letter to file an appeal, and missing this deadline means you must restart the entire application from scratch. Retaining a dedicated Richmond SSDI lawyer during this critical period can prevent costly procedural mistakes and ensure your appeal is filed correctly.
The appeals framework consists of four distinct levels designed to review your case. The first level is reconsideration, which is a complete review of your file by an independent examiner who did not participate in the initial decision, allowing you to submit new medical evidence. If the reconsideration is denied, you can request an Administrative Law Judge hearing. This stage offers the highest statistical probability of success because your attorney can present formal arguments, review thousands of pages of medical records, and question vocational or medical experts face-to-face.
If the judge denies your claim, you can move to an Appeals Council review, where the council examines if the judge made a legal or procedural error. The final option is a federal court case, which involves filing a civil lawsuit in a United States District Court to challenge the administration’s final action. Partnering with an experienced attorney dramatically enhances your chance of a successful appeal across every stage of this complex process.