What are the disability appeal steps in Virginia?
By Hogan Smith
Updated 06/05/2025
Getting denied for Social Security Disability benefits in Virginia isn’t the end of the road. In fact, most people are initially denied and later succeed through the appeals process. If you’ve received a denial letter from the Social Security Administration (SSA), understanding the appeal steps is critical to turning that “no” into a “yes.”

Here’s a breakdown of the four main disability appeal steps in Virginia, and how to navigate each one.
Find out if you qualify for SSDI benefits. Pre-qualify in 60 seconds for up to $4,018 per month and 12 months back pay.
Please answer a few questions to help us determine your eligibility.
1. Reconsideration
Deadline: Within 60 days of the denial
Timeframe for decision: 2 to 5 months
The first step after an initial denial is filing a Request for Reconsideration:
- A different SSA reviewer will re-evaluate your application
- You can submit new medical records or clarify earlier mistakes
- Most claims are still denied at this stage, but it’s a necessary step to move forward
Tip: Use this opportunity to strengthen your case with updated or missing evidence.
2. Administrative Law Judge (ALJ) Hearing
Deadline: Within 60 days of a reconsideration denial
Timeframe to receive a hearing date: 10 to 14 months (varies by location)
If your reconsideration is denied, the next step is to request a hearing with an ALJ:
- You can present your case in person or via video
- The judge will review your medical records, hear testimony, and possibly call in expert witnesses
- This is your best chance of approval, so preparation is key
Tip: A detailed medical opinion from your treating doctor can carry a lot of weight at this stage.
3. Appeals Council Review
Deadline: Within 60 days of an ALJ denial
Timeframe for decision: 6 months to over a year
If the judge denies your claim, you can ask the SSA’s Appeals Council to review the decision:
- They can uphold, reverse, or send the case back for another hearing
- You must explain how the judge made a legal or factual error
- New evidence is allowed only under specific conditions
Tip: This is a more technical appeal, so legal representation is highly recommended.
4. Federal Court Review
Deadline: Within 60 days of Appeals Council denial
Timeframe: Several months to over a year
If all SSA appeals are exhausted, your last option is to file a lawsuit in federal district court:
- A federal judge (not SSA) will review your case
- There’s no hearing; the case is decided based on written legal arguments
- It’s a complex legal process and almost always requires an attorney
Tip: This step is time-consuming, but it’s sometimes the only path to justice.
How Hogan Smith Can Help
Appealing a disability denial in Virginia can feel overwhelming. At Hogan Smith, we simplify the process and give you the best chance of success by:
- Explaining your denial and outlining the right appeal strategy
- Helping you gather strong medical and vocational evidence
- Filing appeals on time and representing you at hearings
- Challenging errors made in earlier decisions
- Guiding you all the way to federal court, if necessary
Contact Hogan Smith Today
Have you been denied SSDI or SSI benefits in Virginia? Don’t navigate the appeals process alone. Contact Hogan Smith today for a free consultation. We’ll stand by your side and fight for the benefits you deserve.
Further Reading
Boost Your Chance of Being Approved
Get the Compensation You Deserve
Our experts have helped thousands like you get cash benefits.
How It Works
1
Briefly tell us about your case
2
Provide your contact information
3
Choose attorneys to contact you