How to file a disability appeal in Virginia?

By Hogan Smith

Updated 04/30/2025


If your Social Security Disability (SSDI or SSI) claim was denied in Virginia, don’t give up—most applicants are denied at first, but many go on to win benefits through the appeals process. Knowing how to file a disability appeal correctly and on time is critical to protecting your rights and increasing your chances of success.

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Step 1: Understand Why Your Claim Was Denied

Before filing an appeal, carefully review the denial letter from the Social Security Administration (SSA). It will explain the reason for the denial, which could include:


  • Lack of medical evidence
  • Earning too much income (for SSI)
  • SSA believes you can still perform work
  • Incomplete application or documentation


Understanding the issue will help you address it in your appeal.


Step 2: File a Request for Reconsideration

The first step in the disability appeal process is the Request for Reconsideration. This must be filed within 60 days of receiving your denial letter.


  • File online at ssa.gov
  • You can also submit the appeal by mail or in person at your local Social Security office
  • Include any new or updated medical records that support your claim


In Virginia, reconsideration is handled by the Disability Determination Services (DDS), the same agency that reviewed your initial claim.


Step 3: Request a Disability Hearing

If your claim is denied again at reconsideration, the next step is to request a hearing before an Administrative Law Judge (ALJ). This is a more formal appeal stage where you can:


  • Present your case in person or via video conference
  • Submit additional medical evidence
  • Have witnesses, including medical experts or family members
  • Be represented by an attorney or advocate


The hearing will take place at the Office of Hearings Operations (OHO) closest to you in Virginia.


Step 4: Continue the Appeals Process (If Needed)

If the judge denies your claim, there are two more levels of appeal:


  1. Appeals Council Review – The council may reverse the decision, send it back for another hearing, or deny your request.
  2. Federal Court Review – The final option is filing a lawsuit in U.S. District Court.


Tips for a Successful Appeal in Virginia

  • Act Quickly: Always appeal within the 60-day deadline.
  • Keep Records: Make copies of all documents and correspondence.
  • Get Medical Support: Ask your doctor to submit detailed statements about your condition.
  • Stay Consistent: Ensure your statements and records align across all appeal levels.
  • Prepare for Your Hearing: Know what the judge will ask and be ready to explain your limitations clearly.

How Hogan Smith Can Help

Filing a disability appeal on your own can be overwhelming—especially if you’ve already faced a denial. At Hogan Smith, we specialize in guiding Virginians through the entire appeals process. We can help you by:


  • Identifying weaknesses in your initial application
  • Gathering critical medical evidence and documentation
  • Representing you at hearings before a judge
  • Handling deadlines and paperwork so nothing is missed

Contact Hogan Smith Today

Don’t let a denial stop you from getting the benefits you need. If your disability claim was denied in Virginia, contact Hogan Smith for a free consultation. We’ll evaluate your case, explain your appeal options, and fight to help you get the benefits you deserve.


Further Reading

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Updated February 10, 2025

A black and white icon of a newspaper on a white background.

Updated February 10, 2025

A black and white icon of a newspaper on a white background.

Updated February 10, 2025

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