If your Social Security Disability Insurance (SSDI) claim is denied in Virginia, you have the right to appeal. However, the process can take time, and knowing the timeline for each appeal stage can help you prepare.
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Step 1: Reconsideration (3–6 months)
- After an initial denial, you have 60 days to request reconsideration.
- A new reviewer at the SSA will re-examine your case.
- Most reconsideration decisions in Virginia take 3 to 6 months.
Step 2: Hearing Before an Administrative Law Judge (12–18 months wait)
- If reconsideration is denied, you can request a hearing with an Administrative Law Judge (ALJ).
- In Virginia, the average wait for a hearing date is 12 to 18 months.
- After the hearing, it may take another 2–3 months to receive a written decision.
Step 3: Appeals Council (6–12 months)
- If the ALJ denies your claim, you can appeal to the Social Security Appeals Council.
- Reviews often take 6 to 12 months, depending on case complexity.
- The Council may approve, deny, or send your case back to the ALJ.
Step 4: Federal Court (12+ months)
- If the Appeals Council denies your claim, you can file a lawsuit in Federal District Court.
- These cases may take a year or more to resolve.
Why the Timeline Varies in Virginia
Several factors can affect your SSDI appeal timeline, including:
- Backlogs at Virginia hearing offices
- Complexity of your medical evidence
- Whether additional exams or records are required
How Hogan Smith Can Help
Our disability attorneys help shorten delays by:
- Filing appeals quickly and accurately
- Gathering strong medical records
- Preparing you for hearings and representing you before the ALJ
Contact Hogan Smith Today
If your SSDI claim was denied in Virginia, don’t face the long appeal timeline alone. Contact Hogan Smith for a free consultation, and let us fight to move your case forward.
Further Reading
Updated February 10, 2025
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