Step 1: Understand Why You Were Denied

Before you begin the appeal, it’s critical to read your denial letter carefully. The SSA provides specific reasons for the denial—whether it's due to lack of medical evidence, insufficient work credits, or not meeting their definition of disability. Understanding this will help you strengthen your appeal.

Step 2: File a Request for Reconsideration

The first level of appeal is called a Request for Reconsideration. You must file this within 60 days of receiving your denial.

• This involves a complete review of your claim by someone who was not involved in the original decision.
• You can submit new evidence, especially updated medical records or clarification from your doctor.

Tip: The SSA now allows this step to be completed online at ssa.gov.

Step 3: Request a Hearing Before an Administrative Law Judge (ALJ)

If your reconsideration is also denied, the next step is to request a hearing before an ALJ. Again, you must request this within 60 days of your second denial.

• This hearing gives you a chance to present your case in person or via video.
• You may be asked to testify about your condition, and vocational or medical experts may be present to provide testimony.

The ALJ will consider all evidence, including any new documentation you submit.

Step 4: Request a Review by the Appeals Council

If the ALJ denies your claim, you can request a review by the Social Security Appeals Council.

• The Council may approve your claim, deny the review, or send it back to the ALJ for further review.
• This step is mostly a paper review, so your documentation needs to be extremely clear and complete.

Step 5: File a Federal Court Lawsuit

If the Appeals Council denies your request, your final option is to file a civil lawsuit in federal district court.

• This is a formal legal process, and you’ll almost certainly need legal representation.
• The court will review the SSA’s decision to determine if it was legally correct.

Tips for a Successful Appeal in Virginia

• Meet all deadlines—missing one can mean starting over.
• Provide updated medical evidence and clarify any previous gaps or inconsistencies.
• Be honest and consistent in your descriptions of your symptoms and limitations.
• Consider speaking with a representative or advocate, especially before the ALJ hearing.