If you have experienced an injury or an illness that has interfered with your ability to work and are thinking about applying for Social Security disability, or if you have applied and your claim has been denied, you may be considering getting legal assistance from a Northern Virginia disability lawyer. It’s important to take the time to find a disability lawyer you trust and feel comfortable with, and this is especially true when you are already dealing with an illness or injury that is interfering with your daily life. As a Virginia Social Security disability lawyer with a background in nursing, I am committed to treating you as a whole person in addition to handling your legal issues. I will focus on your entire situation, talk with you about how your injury or illness has affected your life, and then offer guidance toward solutions that best fit your personal needs and goals.

If you are not already represented by a Virginia Social Security disability lawyer and would like an evaluation of your case, please describe your claim using the form to the right, and I will respond promptly. Or you may contact me.

Law Office of Tara Candela, R.N., Esq., PLLC

2331 Mill Road, Suite 100

Alexandria, VA 22314

(888) 442 - 4564

Will I be approved for Social Security disability benefits?

This is the question all Virginia Social Security disability claimants are eager to have answered. In most cases, it is a difficult one to answer for sure. You must satisfy the Social Security Administration’s strict definition of disabled. Your ability to work is the most important consideration.

The Social Security Administration follows a five-step sequential disability evaluation process to determine whether you are disabled.

Step 1: Are you engaging in “substantial gainful activity”? If you are working and earning more than a certain cut-off amount, you are considered not to be disabled and your claim will be denied. If you are not engaging in substantial gainful activity, the evaluation process continues to the second step.

Step 2: Do you have a “severe” medical impairment? If your impairment does not significantly limit your physical or mental ability to do basic work activities, your impairment is not severe. But if your impairment will last at least 12 months or result in your death, and if you can do significantly less than you could before your illness or injury, you are considered to have a severe impairment, and the evaluation process continues to the third step.

Step 3: Does your impairment meet or “equal” one of the impairments described in the Social Security regulations known as the “Listing of Impairments”? The Listing of Impairments describes, for each of the major body systems, impairments that the SSA considers to be severe enough to prevent you from doing any gainful activity, regardless of your age, education, or work experience. If your impairment exactly matches or is medically equivalent to a listing, and it will last at least 12 months or result in your death, you will be found disabled. Otherwise, the evaluation process continues on to Step 4.

Step 4: Considering what you can still do even with your impairments (known as your “residual functional capacity”), are you unable to do “past relevant work”? If you can still do the easiest work you have done during the past 15 years, your claim will be denied. If you are unable to do the work you’ve done in the past, the evaluation process goes on to Step 5.

Step 5: Is other work that is within your “residual functional capacity,” taking into account your age, education, and work experience, available in the national economy in significant numbers? In other words, can you make an adjustment to other available work? The older you are and the less education and recent work experience you have, the more likely you are to satisfy this test.

If you are found not to be disabled at any step, the evaluation process ends and your claim for disability insurance benefits will be denied.

If your claim is denied initially, as most are, you have a right to request reconsideration. If your request for reconsideration is denied, you have a right to request a hearing before an administrative law judge. A hearing is the stage in the process at which you are most likely to be awarded benefits. If your claim is denied, do not give up too soon. Failing to appeal is probably the most significant mistake that Virginia Social Security disability applicants make.