How to appeal a disability decision in Virginia?
By Hogan Smith
Updated 05/20/2025
If your application for Social Security Disability Insurance (SSDI) has been denied in Virginia, you’re not alone—many initial claims are rejected. The good news is that the Social Security Administration (SSA) provides a structured appeals process that gives you multiple opportunities to present your case and potentially reverse the decision.

This guide explains how to appeal a disability decision in Virginia and improve your chances of success.
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Step 1: Understand the Reason for Denial
Before appealing, review your denial letter from the SSA. It will outline why your claim was denied. Common reasons include:
- Lack of sufficient medical evidence
- Failure to meet SSA's definition of disability
- Incomplete or inaccurate application
- Work history or income above SSA limits
Knowing the reason helps you focus your appeal strategy and gather the right supporting evidence.
Step 2: File a Request for Reconsideration
The first step in the appeal process is the Request for Reconsideration. This must be submitted within 60 days of receiving your denial notice.
- You can file online at ssa.gov
- Include any new medical records or information that supports your case
- Be sure to correct any previous errors in your application
At this stage, a different SSA claims examiner will review your case.
Step 3: Request a Hearing Before an Administrative Law Judge
If your reconsideration is also denied, you can request a hearing before an Administrative Law Judge (ALJ):
- You must file your request within 60 days of the second denial
- The hearing typically takes place at a local Office of Hearings Operations (OHO) or via video
- You’ll have the opportunity to testify, submit evidence, and present witnesses (such as doctors or vocational experts)
This is your best chance to win approval, as judges consider the full scope of your situation.
Step 4: Submit an Appeal to the Appeals Council
If the ALJ denies your claim, you can request a review by the SSA Appeals Council. They may:
- Approve your case
- Deny your request
- Or return your case for a new hearing
This step is less personal and primarily involves a review of the hearing record.
Step 5: File a Lawsuit in Federal Court
As a final option, you may file a lawsuit in U.S. District Court. This is a formal legal proceeding and is typically handled by an attorney experienced in Social Security law.
Tips to Strengthen Your Disability Appeal in Virginia
- Submit updated medical evidence at each appeal level
- Stay organized and meet all deadlines
- Respond promptly to all SSA communications
- Be honest and thorough in describing your limitations
- Consider expert opinions or vocational evaluations
How Hogan Smith Can Help
Appealing a disability denial is complex—but you don’t have to face it alone. At Hogan Smith, we help Virginia residents:
- Understand their denial reasons
- Gather and organize key medical records
- Represent them in hearings before ALJs
- Navigate every level of the appeals process
Contact Hogan Smith Today
Denied SSDI in Virginia? Don’t give up. Contact Hogan Smith for a free consultation, and let us guide you through the appeals process. We’re committed to helping you fight for the benefits you need to move forward.
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