How to appeal a disability denial in Virginia?
By Hogan Smith
Updated 05/08/2025
If your Social Security Disability claim has been denied in Virginia, you are not alone — and more importantly, you have options. Many people are initially denied but later approved after pursuing the appeals process. Knowing how to appeal a disability denial in Virginia can significantly improve your chances of success.

This guide walks you through the appeal steps, timelines, and best practices for building a stronger case.
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Why Was My Disability Claim Denied?
The Social Security Administration (SSA) may deny your application for several reasons, including:
- Lack of sufficient medical evidence
- Earning income above the allowed threshold
- Failure to follow treatment plans
- Incomplete or inaccurate application
- Failure to meet SSA’s definition of disability
Your denial letter will specify the reason. Understanding that reason is critical to mounting an effective appeal.
Steps to Appeal a Disability Denial in Virginia
Step 1: Request Reconsideration
- You have 60 days from the date on your denial letter to file for reconsideration.
- A new SSA reviewer will reassess your application using the same eligibility rules.
- You may submit new medical records or clarify issues from your original application.
Step 2: Request a Hearing Before an Administrative Law Judge (ALJ)
- If reconsideration is denied, you can request a hearing with an ALJ.
- Virginia has SSA hearing offices in cities like Richmond, Norfolk, and Roanoke.
- At the hearing, you can testify, present additional evidence, and call witnesses.
Step 3: Appeals Council Review
- If the ALJ denies your claim, you may ask the SSA’s Appeals Council to review the decision.
- They can approve, deny, or send your case back to the ALJ for further review.
Step 4: File a Federal Court Lawsuit
- If you disagree with the Appeals Council decision (or if they refuse to review your case), your final option is to file a lawsuit in U.S. District Court.
Tips for a Successful Disability Appeal in Virginia
- Submit updated medical evidence that proves your condition has worsened or remains disabling.
- Ask your doctor for a detailed statement explaining how your disability limits your ability to work.
- Keep track of all correspondence and paperwork related to your appeal.
- Follow deadlines carefully — missing one can cause your case to be dismissed.
- Consider consulting with an experienced disability advocate or attorney.
How Long Does a Disability Appeal Take in Virginia?
- The reconsideration stage may take several weeks to a few months.
- Hearings before an ALJ typically involve longer wait times, sometimes 10–14 months, depending on the backlog.
- The timeline depends on the complexity of your case and the speed of SSA processing in your area.
While it can be a lengthy process, many applicants are approved at the hearing stage with strong preparation.
How Hogan Smith Can Help
Facing a disability denial can be stressful, but Hogan Smith is here to help Virginia residents navigate the appeals process. We offer:
- A review of your denial letter and application to identify issues
- Help gathering additional medical documentation
- Preparation for your ALJ hearing, including coaching and strategy
- Representation at hearings and guidance through every appeal stage
Contact Hogan Smith Today
If your disability claim was denied in Virginia, don’t delay. You only have 60 days to file your appeal. Contact Hogan Smith today for a free consultation — and take the first step toward getting the benefits you’ve earned.
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