1. Understand Why Your Claim Was Denied

Before appealing, carefully review your denial notice to understand SSA’s reasons. Common reasons for denial include:

• Insufficient medical evidence proving your disability
• Failure to meet non-medical eligibility requirements such as work credits (for SSDI) or financial limits (for SSI)
• The SSA believes you can perform past work or other jobs despite your medical condition
• Incomplete or inaccurate application information

Addressing these reasons directly in your appeal is critical.

2. The Four Levels of Disability Appeals in Virginia

A. Reconsideration

• What It Is: A complete review of your initial application by someone who was not involved in the original decision
• How to File: Submit a Request for Reconsideration (Form SSA-561-U2) within 60 days of your denial notice
• What to Include: New medical evidence, updated treatment records, and additional information addressing why you cannot work

B. Hearing Before an Administrative Law Judge (ALJ)

• What It Is: If reconsideration is denied, you can request a hearing before an ALJ who will review your case independently
• How to File: Submit a Request for Hearing (Form HA-501) within 60 days of your reconsideration denial
• What Happens: You will testify under oath about your disability, and the ALJ will review your medical records and may question vocational or medical experts

C. Appeals Council Review

• What It Is: If the ALJ denies your claim, you can request the Appeals Council to review the decision
• How to File: Submit a Request for Review (Form HA-520) within 60 days of the ALJ’s decision
• Possible Outcomes: The Appeals Council can deny your request, approve your claim, or send your case back to the ALJ for further review

D. Federal Court Review

• What It Is: If the Appeals Council denies your review or upholds the ALJ decision, you can file a lawsuit in federal district court
• How to File: Your attorney will draft and submit a complaint within 60 days of the Appeals Council decision to begin the court process

3. Tips to Strengthen Your Disability Appeal

• Act quickly: Each stage has a strict 60-day deadline from the date you receive your denial
• Submit new medical evidence: Updated treatment records, specialist evaluations, and imaging results can significantly strengthen your appeal
• Get detailed medical opinions: Ask your doctors to write thorough statements explaining how your condition prevents you from working
• Prepare thoroughly for your hearing: Practice answering questions about your condition, daily limitations, and work history
• Consider legal representation: Statistics show that claimants represented by experienced disability attorneys have a higher chance of success at all appeal levels

4. How Long Does the Disability Appeals Process Take in Virginia?

The timeline varies by appeal level:



• Reconsideration: Around 2 to 4 months
• ALJ Hearing: Typically 6 months to over a year, depending on the hearing office backlog
• Appeals Council Review: Approximately 12 to 18 months
• Federal Court Review: Often 1 to 2 years

Being patient and persistent throughout the process is essential.