Why was my SSDI claim denied?

Common reasons include insufficient medical evidence, earning above the SGA limit [§ 20 C.F.R. 404.1574], failure to follow prescribed treatment, a condition that is not expected to last 12 months, or DDS determining you can still perform some type of work. Your denial letter will explain the specific reason.

How long do I have to appeal a denied SSDI claim?

You have 60 days from the date you receive the denial notice to file an appeal at each level [§ 42 U.S.C. 405]. SSA presumes you received the notice 5 days after the date on the letter, giving you effectively 65 days from the letter date.

What are the levels of appeal for SSDI?

There are four levels [§ 42 U.S.C. 405]: (1) Reconsideration — a different examiner at Virginia Disability Determination Services (DDS), Department for Aging and Rehabilitative Services (DARS) reviews your case; (2) ALJ Hearing — you appear before an Administrative Law Judge; (3) Appeals Council — reviews the ALJ decision; (4) Federal Court — file a civil action in federal district court.

Should I submit new medical evidence with my appeal?

Absolutely. The most common reason claims are approved on appeal is new or updated medical evidence[src:https://www.ssa.gov/policy/docs/statcomps/di_asr/|SSA Annual Statistical Report on SSDI]. Continue treating with your doctors and submit all new records, test results, and physician opinions with your appeal.

What is the approval rate on appeal in Virginia?

The hearing-level approval rate in Virginia is approximately 54%, significantly higher than the initial approval rate of 33%[src:https://www.ssa.gov/policy/docs/statcomps/di_asr/|SSA Annual Statistical Report on SSDI]. This is why many advocates recommend pursuing your claim through the hearing level.

Topic guideUpdated 2026-02-27

SSDI Denied in Virginia — How to Appeal

What to do if your SSDI claim is denied in Virginia, the four levels of appeal, and how to improve your chances on appeal.

Most initial disability claims are denied — the initial approval rate in Virginia is approximately 33%. If your claim is denied, you have the right to appeal §42 U.S.C. 405.

The Four Levels of Appeal

Reconsideration — a new reviewer examines your claim (must request within 60 days of denial)

ALJ Hearing — a hearing before an Administrative Law Judge (must request within 60 days of reconsideration denial)

Appeals Council — review by the SSA Appeals Council in Falls Church, VA

Federal Court — file a civil action in U.S. District Court

Reconsideration

At reconsideration, a different DDS examiner at the Virginia Disability Determination Services (DDS), Department for Aging and Rehabilitative Services (DARS) reviews your entire claim. Submit any new medical evidence you have gathered since the initial application.

ALJ Hearing

The ALJ hearing is the most important stage of the appeals process. In Virginia, hearings are held at offices in Charlottesville, Norfolk, Richmond, Roanoke, Virginia Beach. The approval rate at the ALJ level is approximately 54%, and the average wait is 12-18 months.

What to Expect at a Hearing

You and your attorney present your case to the ALJ

The ALJ may question you about your daily activities, limitations, and work history

A vocational expert may testify about available jobs

A medical expert may testify about your conditions

The ALJ issues a written decision, usually within 60-90 days

⚠Do not miss the 60-day appeal deadline. If you miss it, you may have to start the entire application process over.

✓Having an attorney or qualified representative at the ALJ hearing significantly improves your chances of approval. Most disability attorneys work on contingency and charge no upfront fees.

Prepare for Your Consultation

Quick checklist (SSDI)

Gather these before your first consultation.

Medical records

(doctor reports, hospital records, test results)

Work history

(past 15 years of employment, job duties)

Daily activities log

(limitations on daily tasks, self-care)

General preparation tips only. Specific needs depend on your state and claim type.

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