SSD / SSI Appeals Process in Virginia and Surrounding States: Your Ultimate Guide

If you’ve recently received a Social Security denial for your Social Security Disability (SSD) or Supplemental Security Income (SSI) claim, you’re not alone. In Virginia and across the U.S., many initial SSD applications are denied – in fact, around 65–70% of first-time claims get rejected[1]. A denial can feel devastating, but it’s not the end of the road. The SSD/SSI appeals process offers a structured way to have your case reevaluated and potentially approved on appeal, giving you the financial support you need. This comprehensive guide will walk you through every step of the SSD/SSI appeals process in Virginia and neighboring states, showing you how to turn a denial into an approval.

After an initial denial, you might feel overwhelmed or discouraged. You spent months gathering medical records, filling out lengthy forms, and explaining in detail why you can’t work, only to receive a “Social Security denial” letter. Take heart: denial is common, and appealing is often the next essential step. By filing an appeal within the required timeframe, you’re essentially asking the SSA to take a second look at your case through the SSD/SSI appeals process – this time with any additional evidence or clarification you can provide. With the right approach, an SSD/SSI appeal can be the difference between ongoing financial hardship and receiving the disability benefits you deserve.

Geographic Focus: Harbison & Kavanagh proudly assists clients throughout Virginia and surrounding states. Whether you’re in Richmond, Norfolk, Roanoke, Northern Virginia, or in a neighboring state like Maryland or North Carolina, the SSD/SSI appeals process works similarly and our experienced team can guide you through it. Our Virginia Social Security Disability attorneys understand the local nuances and federal regulations that impact your claim. We’re committed to helping you navigate the appeals process efficiently, so you don’t have to face this challenge alone.

Internal Resource: If you’re new to the disability benefits process or want to avoid mistakes from the start, be sure to check out our Social Security Disability overview page. It covers the basics of SSD and SSI eligibility and applications, which can provide valuable context as you move into the appeals stage.

Video Resource: Feeling lost after receiving your denial? We know how devastating it feels, which is why we created a comprehensive 7-minute video guide, “SSD Appeal Journey: How to Overturn a Social Security Disability Denial.” This video provides the exact roadmap needed to turn your “no” into a victory. In this essential explainer, you will learn why up to 70% of initial claims are denied (proving it’s not a personal failure, but simply how the system works), and get a clear breakdown of the four structured levels of the SSD/SSI appeals process. Most importantly, we detail how to leverage the crucial Administrative Law Judge (ALJ) Hearing—where your chances for approval shoot significantly up—and reveal the critical mistake you must avoid: missing the strict 60-day appeal deadline. Watch this video now to gain the strategy, preparation, and confidence needed to fight for the benefits you deserve.

Why Claims Get Denied and How Appeals Can Help

Understanding why your SSD or SSI claim was denied is the first step toward a successful appeal. The SSA can deny claims for many reasons – perhaps the medical evidence didn’t clearly prove your condition is disabling, or maybe there were errors or omissions in your paperwork. Some denials occur due to technical issues, like earning too much income (for SSI) or not having enough recent work credits (for SSDI). No matter the reason, it’s important to remember that a denial isn’t final. In fact, reconsideration and further appeals exist precisely because initial decisions are often imperfect.

Common Reasons for SSD/SSI Denial:
– Insufficient Medical Evidence: Your records may not have convinced the SSA that your condition meets their strict definition of “disability.”
– Incomplete or Incorrect Forms: Filing the wrong form or leaving out required information can lead to an automatic denial.
– Failure to Follow Treatment: If there’s indication you didn’t follow prescribed therapies without a good reason, SSA might question the severity of your condition.
– Earning Above SGA (Substantial Gainful Activity): If you earn above a certain monthly amount, you generally won’t qualify for benefits, leading to a technical denial.
– Missed Deadlines or Appointments: Not responding to SSA requests, or missing a consultative exam, can result in denial due to non-compliance.

Infographic: Common SSD Denial Reasons and Solutions – This infographic illustrates the top reasons Social Security Disability claims get denied and how to address them in your appeal. For example, it shows a clay figure doctor holding a medical chart to represent “lack of medical evidence,” next to a checklist of records to submit. It also depicts a calendar and paperwork for “missed deadlines or forms errors,” emphasizing the need to file everything correctly and on time. Each denial reason is paired with a suggested solution in visual form, helping you quickly identify what to fix for a successful appeal.

It’s critical to identify the specific reasons for your denial (these will be listed in the SSA’s denial letter). This becomes your roadmap for appeal – you’ll want to directly address each issue when you request reconsideration or a hearing. For instance, if the SSA said your medical evidence was insufficient, you should gather additional medical records, doctor’s opinions, or test results to strengthen your case. If paperwork was missing, make sure to complete all required forms and double-check for accuracy on appeal. Our blog on denied SSD claim explains the most frequent denial reasons and offers tips on how to respond to each, so you can turn a denial into an opportunity to bolster your claim.

Remember, appealing is a normal part of the process. Many applicants only win benefits after going through one or more appeals. For instance, the SSD/SSI appeals process exists to catch mistakes or oversights from the initial review by giving you another chance. By pursuing an appeal, you’re giving yourself another opportunity – and many people do succeed on appeal. In fact, the likelihood of approval often increases at the hearing stage of the process[2], especially when you present strong new evidence or legal arguments. Next, we’ll outline what the SSD/SSI appeals process involves and how each stage works.

Overview of the SSD/SSI Appeals Process

The SSD/SSI appeals process is a multi-step process that gives you several opportunities to have your claim reconsidered. According to the SSA, there are four levels of appeal for a denied Social Security claim[3]. You might not need to go through all four – if you win at an earlier stage, you’ll start receiving benefits – but it’s important to know each level. Below is an overview of each appeal stage:

1. Reconsideration: This is the first appeal after an initial denial. You’re asking the SSA to reconsider its decision with a fresh review. A different claims examiner will look at your case, including any new evidence you submit. Reconsideration is basically a do-over of your application. Approval rates at this stage are low (only about 10–15% of reconsiderations result in approval[2]), but it’s a necessary step before moving on. You typically have to file a reconsideration request within 60 days of your denial notice[4]. We have a dedicated article on how to handle a request for reconsideration that provides a step-by-step checklist for this stage. It explains how to review your denial letter, gather new evidence, and avoid common mistakes to maximize your chances of success in reconsideration. Additionally, our guide on navigating SSD reconsideration offers insights into what to expect during reconsideration and how to strategically approach this first appeal.
2. Hearing by an Administrative Law Judge (ALJ): If reconsideration is denied, the next step is to request a hearing in front of an ALJ. This is a more formal Social Security Disability appeal where you (and often your attorney) appear before a judge who specializes in disability cases. The ALJ will review your file, hear your testimony, and may question you and expert witnesses (like medical or vocational experts) about your condition and limitations. The hearing is your best opportunity to present your case in person. It’s also where many claims finally get approved – nationwide, approval rates at the hearing level can reach about 45–55%[2][5], and even higher for those with strong evidence and representation. Our post “How to Successfully Win Your SSD Appeal” offers valuable tips on preparing for an ALJ hearing, including how to testify about your limitations and how to handle questions from the judge. We also recommend reading “How to Prove Your Disability to the SSA” which outlines key medical evidence and arguments that can make your case more persuasive at a hearing.
3. Appeals Council: If you disagree with the ALJ’s decision, you can escalate your appeal to the Social Security Appeals Council. The Appeals Council is a body that reviews ALJ decisions to determine if they were made correctly. At this stage, you don’t get a new hearing; instead, the Council will either deny your request (letting the ALJ decision stand), remand (send it back for a new hearing if they find an error in the ALJ’s decision), or in rare cases, overturn the decision and approve benefits. The Appeals Council stage has a low success rate – only about 10-15% of cases are sent back or approved by the Council. However, it’s a prerequisite if you intend to take your case to federal court. Because this step largely involves legal arguments about whether the judge’s decision was proper, having an attorney draft a compelling brief to the Appeals Council can be crucial. (Our firm can handle this complex paperwork for you, ensuring that any errors in the hearing decision are clearly pointed out.)
4. Federal Court (U.S. District Court): The final stage of the SSD/SSI appeals process is filing a lawsuit in federal court. If the Appeals Council denies your claim or you disagree with their decision, you have the right to take your case to a federal district court for a judicial review. At this stage, you are essentially suing the SSA for wrongly denying your benefits. A federal judge (or magistrate) will review the administrative record of your case and the legal arguments from your attorney. The court can either uphold the SSA’s decision, remand the case back for another hearing, or in rare instances, award benefits. This level of appeal is the most complex and can be time-consuming, but it provides an additional avenue for seeking the benefits you believe are rightfully yours. Having experienced legal counsel is essential at the federal court stage, as it involves complex briefs and understanding of federal court procedures.

Infographic: SSD/SSI Appeals Process Timeline – This claymation-inspired infographic presents the four levels of the appeals process as a visual timeline. It shows a clay figurine on a path with four checkpoints labeled “Reconsideration,” “ALJ Hearing,” “Appeals Council,” and “Federal Court.” Each stage is illustrated by a unique clay scene: for reconsideration, a stack of papers and a magnifying glass; for ALJ hearing, a tiny clay judge’s gavel and chair; for Appeals Council, a group of figures at a round table; and for Federal Court, a courthouse building. The timeline highlights the 60-day appeal deadlines between each stage and emphasizes that you must progress in order – you can’t skip directly to a later stage. This visual roadmap helps you grasp where you are in the process and what’s next.

For a quick reference, you can also read our brief SSD Appeal Process article, which summarizes these four appeal levels and the key things to know at each stage.

At each of these stages of the SSD/SSI appeals process, strict deadlines and procedures apply. Generally, you have 60 days to initiate each appeal after receiving a decision[4][6] (plus a 5-day grace period for mailing). It’s absolutely critical not to miss these deadlines – if you do, you might have to start over with a new application unless you can show good cause for late filing. Working with an attorney can ensure your paperwork is filed on time so you don’t lose your chance to appeal.

Most claimants will not need to go through all four levels. For example, if you win at the ALJ hearing, you’ll start receiving benefits without having to go further. But being prepared to go the distance can pay off – some cases are only won at the Appeals Council or court level. No matter how far you have to proceed, Harbison & Kavanagh is prepared to advocate for you at every step. Our team has experience even at the federal court level, meaning we can continue fighting for your benefits as long as there’s a viable path forward.

Strengthening Your Appeal: Medical Evidence and Documentation

One key to success in the SSD/SSI appeals process is providing strong medical evidence. Many claims are denied initially due to a lack of detailed medical documentation. On appeal, you have the chance to supply additional records and doctor’s statements to prove that your impairments are truly disabling. Think of the appeals process as building a more solid case file than you had initially.

Gather Recent and Relevant Medical Records: Make sure you’ve collected all relevant medical documents since your initial filing. This includes hospital records, clinic notes, lab test results, MRI/X-ray reports, and any specialist evaluations. If you’ve had new treatments or diagnoses after your initial application, include those updates in your appeal – they can show that your condition has persisted or worsened. The SSA needs to see continuous documentation of how your health issues affect your ability to work. Our blog on medical records in SSD appeals explains how to organize and present medical evidence effectively during an appeal. It covers what kinds of records are most impactful and how to fill any “gaps” that might have hurt your initial claim.

Doctors’ Opinions and Supporting Statements: In addition to raw medical records, opinions from your treating physicians can significantly bolster your case. On appeal, you can ask your doctors to write detailed letters or fill out Residual Functional Capacity (RFC) forms describing your limitations. A strong doctor’s letter will connect your diagnoses to specific work-related limitations (for example, “Patient can only stand for 10 minutes” or “Patient has difficulty concentrating due to pain”). If possible, get an opinion that your condition “meets or equals” a listing in the SSA’s Blue Book (their list of conditions that automatically qualify if criteria are met). An experienced SSD attorney can help coordinate these medical opinions. As we discuss in How to Prove Your Disability to the SSA, well-documented evidence and clear doctor support can raise your chances of winning an appeal dramatically.

Infographic: SSD Appeal Evidence Checklist – This infographic provides a checklist of key evidence to include in your SSD/SSI appeal, presented in a fun claymation style. It features a clay clipboard with checkmarks next to items like “Doctor’s treatment notes,” “Specialist reports,” “Medication list,” “MRI/X-ray results,” and “Daily symptom journal.” Beside each item, a small clay icon represents the concept (e.g., a clay stethoscope for doctor’s notes, a tiny X-ray image for imaging results). At the bottom, the infographic shows a clay figure organizing papers into a file folder labeled “Appeal Documents.” The summary message: having a complete evidence packet – medical records and doctor statements – will strengthen your appeal file and help reviewers see the full picture of your disability.

Explain How Your Condition Affects Daily Life: Facts and figures in medical records are vital, but so is a clear narrative of how your condition prevents you from working. In your appeal forms or hearing, don’t be afraid to describe a “day in your life” with your disability. Explain any difficulties with basic tasks (e.g., dressing, bathing, remembering instructions, sitting or standing for periods) because these functional details paint a picture of why you cannot maintain employment. The appeals process allows you to clarify any misunderstandings from your initial application. For example, if your initial claim downplayed certain symptoms or you didn’t mention side effects of medication, you can elaborate on appeal. Providing a consistent, detailed description of your limitations – backed by medical evidence – will make your case more compelling.

Finally, keep personal records as well. Maintain a journal of your symptoms or limitations, noting bad days and specific challenges, because this can help you remember details when it’s time to write an appeal letter or testify at a hearing. Save copies of everything you submit to the SSA during your appeal, and log any communications (phone calls, letters). Being organized will reduce stress and ensure nothing falls through the cracks.

Avoiding Common SSD/SSI Appeal Mistakes

While preparing your appeal, be mindful of common pitfalls that can derail your case. Here are some frequent mistakes – and how to avoid them – in the SSD/SSI appeals process:

• Missing the 60-Day Deadline: This is perhaps the costliest mistake you can make. After receiving a denial, you generally have 60 days to file an appeal (reconsideration or hearing request)[4]. Missing this deadline usually means you’ll have to start over with a brand new application, losing any progress made. Mark your calendar and submit your appeal as early as possible. If you’re even close to the deadline, don’t delay – send in the appeal paperwork right away. Our Virginia SSD attorneys are vigilant about deadlines; when we handle your case, we track every date so no deadline is ever missed. Even if you’re unsure about the strength of your case, file the appeal timely to preserve your rights.
• Using the Wrong Forms or Incomplete Forms: The SSA requires specific forms for each appeal stage (e.g., Form SSA-561 for reconsideration, Form HA-501 for an ALJ hearing request, etc.[7][8]). Submitting the wrong form, or not filling all required fields, can delay your appeal or get it thrown out. Double-check that you’re using the correct form for your situation and that it’s filled out completely and accurately. Even a minor paperwork error can slow down your case. For guidance, see our comprehensive Ultimate Guide to SSD Appeal Forms – it reveals the critical steps to completing appeal forms with precision and highlights easy-to-miss mistakes to avoid. Don’t let a clerical error jeopardize your appeal.
• Not Writing a Strong Appeal Letter: When you request reconsideration or a hearing, it’s wise to include a written appeal letter or statement explaining why the denial was wrong. A common mistake is to be too vague or emotional in this letter. Instead, be specific and fact-based: reference the reasons in your denial and counter them with evidence. For example, if the denial said “condition is not severe,” point to medical records or doctor’s notes that demonstrate severity. Keep your tone professional and focus on the facts. Check out our article on crafting an effective SSD disability appeal letter for a step-by-step approach to writing a persuasive appeal letter. It includes examples of language that clearly addresses SSA’s concerns and helps the reviewer understand your perspective.
• Insufficient Medical Updates: Some people simply re-submit the same evidence from their initial application and hope for a different outcome. This rarely works. If you don’t add anything new, the SSA likely won’t change their decision. Always include new or updated medical evidence with your appeal. This could be recent test results, additional doctor visits, a new diagnosis, or documentation of your condition worsening. Failing to supply new evidence is a missed opportunity that can lead to another Social Security Disability appeal denial. Make sure your file is as up-to-date as possible before you submit it for reconsideration or to the judge.
• Not Checking the Status of Your Appeal: After you’ve filed your appeal, don’t just wait in silence. It’s important to monitor the status of your case. Occasionally, mail can get lost or notices might not reach you. The SSA offers an online portal (via your “my Social Security” account) to check your appeal status. Our guide on how to check the status of your SSD appeal shows you how to use these tools and what information you can obtain. By staying informed, you’ll know if any additional documents are needed or if a decision has been made. Following up periodically can also signal to SSA that you are an attentive claimant. If you have an attorney, they will also be following up on your behalf.
• Losing Hope and Giving Up Too Soon: It’s understandable to feel frustrated, especially if you face multiple appeal hurdles. But one of the biggest mistakes is giving up after a denial at reconsideration or even after an ALJ hearing denial. Remember that many people who persist ultimately win. Statistics show that a significant portion of disability beneficiaries only got approved after multiple appeals[2]. And as noted, the ALJ hearing stage has a much higher success rate than the initial review[2]. If you stop appealing, you’re accepting the denial – but if you continue, you still have a chance. Our blog “Unveiling the Success Rate for SSD Appeals” discusses how appeal success rates improve at later stages and provides encouragement (plus tips) to keep fighting for your benefits. The key takeaway: don’t quit the SSD/SSI appeals process prematurely. With each level of appeal, especially with strong legal representation, you improve your odds of success.

Why the 60-Day Deadline Matters

We’ve mentioned it multiple times because it’s so important: the 60-day deadline. Let’s dive a bit deeper into this rule. When your denial letter arrives, the clock starts ticking. Legally, you have 60 days from receiving the notice to file your appeal. The SSA typically assumes you receive the letter 5 days after the date on it[9], so in practice you have about 65 days from the denial date on paper. If the 60th day falls on a weekend or holiday, they extend to the next business day[9]. This might sound generous, but time can slip away faster than you think when you’re dealing with health issues and daily life.

What happens if you miss the deadline? Generally, the SSA will dismiss your appeal and you’ll have to start over with a new application. There is an option to request an extension by showing “good cause” (for example, you were hospitalized and couldn’t respond in time), but such exceptions are not guaranteed and can be hard to obtain[10]. It’s far better to meet the deadline than to rely on being excused for missing it.

Tips to manage the timeline:
– As soon as you get a denial notice, mark the appeal due date on your calendar and set reminders (on your phone, etc.).
– Don’t wait until day 59 – aim to send your appeal well within the 60-day window.
– If you’re gathering new evidence and fear it won’t be ready before the deadline, file the appeal first (to preserve your spot) and indicate that additional evidence will follow. The SSA will accept new evidence for reconsideration or even a few weeks before a hearing.
– Use certified mail or the online appeal submission to have proof of the date you filed the appeal. This way, there’s no question that you met the deadline.
– Consider getting help from an attorney right after a denial – they will immediately take over the task of filing the appeal on time.

In short, treat the 60-day deadline as non-negotiable. It’s one of the simplest yet most important parts of the SSD/SSI appeals process. No matter how strong your case is, if you don’t officially appeal in time, you cannot win that appeal.

How Long Does the SSD/SSI Appeals Process Take?

One of the most common questions we hear is, “How long does the SSD/SSI appeals process take?” The answer: it varies, and it can be longer than any of us would like. Patience and persistence are necessary. Each stage of appeal comes with its own timeline:

• Reconsideration: In Virginia and many states, a reconsideration review might take a few months on average. It could be anywhere from 2 to 6 months, depending on the SSA’s backlog and how quickly you submit additional evidence. Some reconsideration decisions come faster, especially if you have submitted a very clear-cut case for approval, but others may take longer if the state disability office is very busy.
• ALJ Hearing: Wait times for a hearing can be the longest part of the process. After you request an ALJ hearing, it may take a year or more before your hearing is scheduled[11]. The exact wait depends on the hearing office’s backlog – some offices in Virginia or nearby regions might have slightly shorter waits, but it’s not uncommon to wait 12 to 18 months for a hearing date. During this time, continue to receive treatment and keep your attorney updated with new medical information. The long wait is frustrating, but remember that this stage often offers the best chance for approval (and you will receive back pay for the waiting period if you win).
• Appeals Council: If you go to the Appeals Council, expect another lengthy timeline. The Appeals Council review can take several months to over a year as well. On average, it might be around 6 months to a year for a decision from the Appeals Council[12]. Some cases are decided faster if the Council quickly spots an obvious error, while others linger if the queue is long. There’s not much to do during this stage except ensure your legal brief was thorough – the Council doesn’t accept much new evidence (only if it’s new and material and you have a good reason it wasn’t submitted earlier).
• Federal Court: A federal court case can also take many months or even years. Courts have their own schedules, and it may depend on how busy the court is and how complex your case is. Typically, expect close to a year (sometimes longer) for a resolution in district court. If the court remands the case back to SSA, then you might have to wait for another hearing which adds more time. It’s truly the last-resort path, but it can be worth it for those who have strong cases that were incorrectly denied at all prior levels.

Given these timelines, it’s clear why earlier we emphasized not giving up. It can be a long journey, but many claimants who persist eventually secure benefits. If you win at the hearing or later, you will receive back payments dating back to when you were first eligible (often your application date or the date you became disabled), which can be a substantial amount. That back pay can compensate for some of the waiting time financially (though of course it doesn’t compensate the hardship of not having benefits during the wait).

For more details on timelines and tips to potentially speed up the process, see our post “How Long Does the SSD Appeal Process Take?”. In that article, we discuss factors that can slow down appeals (like backlogs and missing paperwork) and proactive steps – the “7 Powerful Solutions for Faster Results” – that might help avoid unnecessary delays. While you can’t control the SSA’s internal speed, you can control submitting complete information promptly, which helps prevent delays.

SSD vs. SSI Appeals: Is There a Difference?

You might wonder if the appeals process differs between Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). The good news is that the procedural steps – reconsideration, ALJ hearing, Appeals Council, federal court – are essentially the same for SSDI and SSI claims. Whether you’re appealing an SSDI denial or an SSI denial, you follow the four levels described above. However, there are some differences to be aware of:

• Technical Eligibility: SSDI appeals focus on whether you meet the medical criteria for disability (since SSDI requires you have enough work credits, which is usually determined at the initial application). SSI appeals might involve more issues related to income, resources, or living arrangements because SSI is need-based. For example, if your SSI was denied due to excess income or assets, your appeal might need to address those financial factors (perhaps your situation changed or SSA made an error in calculations).
• Continuing Benefits During Appeal: One difference in SSI appeals: if you appeal an SSI termination (for example, if you were receiving SSI and SSA decided you are no longer disabled), you can request that your benefits continue during the appeal if you file the appeal within 10 days of the notice[13][14]. SSDI has similar provisions in certain scenarios (such as appealing a medical cessation of benefits). Be sure to ask a lawyer about “benefit continuation” if you’re in this situation, so you don’t accidentally miss out on payments you could have kept during the process.
• Concurrent Claims: If you applied for both SSDI and SSI (a concurrent claim) and got denied on both, your appeals will usually be handled together. However, there may be technical distinctions – for instance, you might win your SSDI appeal on medical grounds but still have an SSI issue to resolve (like a resources limit). An experienced attorney will navigate these combined issues, ensuring both aspects are addressed (medical disability for SSDI and financial eligibility for SSI).

In summary, the SSD/SSI appeals process is fundamentally the same whether your claim is for SSDI or SSI. Harbison & Kavanagh is experienced in both types of appeals. We understand the subtle differences – such as the financial rules unique to SSI – and will make sure those are handled correctly in your case. Whether you paid into Social Security through work (SSDI) or you’re qualifying based on low income (SSI), you have a right to appeal a denial, and we can help you do it effectively.

How a Disability Attorney Improves Your Odds

Navigating the SSD/SSI appeals process can be overwhelming, especially if you’re dealing with health challenges. This is where professional legal help can make a huge difference. Working with a seasoned Social Security Disability attorney greatly increases many claimants’ success rates. Here’s why:

• Expert Guidance and Case Building: Disability attorneys know what the SSA is looking for. We can identify weaknesses in your initial application and tell you exactly what evidence is needed to strengthen your appeal. For example, we might recognize that a specific medical test or a detailed report from a specialist could be the key to winning your case – and then we help you get that evidence. We also handle the paperwork – filling out appeal forms correctly, writing legal briefs for hearings or the Appeals Council, and making sure all supporting documents are submitted properly.
• Meeting Deadlines and Navigating Procedures: As discussed, there are many rules and timelines in the appeals process. Attorneys ensure nothing is missed. We calculate your deadlines, file appeals on time, and confirm that SSA received everything. By managing the bureaucratic side, we free you to focus on your health. You never have to worry that a late form or forgotten detail will ruin your appeal – we’ve got it covered.
• Representation at the Hearing: Perhaps the biggest advantage is at the ALJ hearing stage. Appealing at a hearing is like going to a small trial. There’s a judge, there may be an expert witness, and you will likely be questioned. It’s intimidating to do alone. An experienced attorney will prepare you beforehand (so you know what kinds of questions will be asked and how to answer truthfully and effectively about your limitations). During the hearing, your lawyer can make legal arguments on the fly – for instance, questioning the vocational expert’s job numbers or ensuring the judge considers all your conditions. Statistics show that having representation can significantly improve hearing outcomes. In fact, represented applicants are approved at a much higher rate – by some estimates, 20–30% higher – than those proceeding without a lawyer[15]. This doesn’t guarantee a win, but it shows that knowledgeable advocacy has a real impact.
• Crafting Legal Arguments: Some denials come down to technical issues – for example, whether the SSA followed a certain regulation or whether your case meets a precedent. Lawyers can identify if the SSA made a legal error in denying your claim. If so, we will highlight that in the appeal. For instance, if an ALJ failed to consider a particular piece of evidence or didn’t properly apply a medical-vocational guideline, we will raise that issue to potentially get a remand or reversal. Non-attorneys usually aren’t aware of these finer points that could turn a case around.
• No Fee Unless You Win: People often worry they can’t afford a lawyer, but Social Security cases are handled on a contingency fee basis. This means you pay nothing upfront. Our firm only gets paid if we win your case, out of the back benefits the SSA awards you (fees are capped by law, typically 25% of back pay or a maximum of $6,000, whichever is less). This arrangement makes legal help accessible to everyone. It also means we’re highly motivated to win your case as quickly as possible.

Infographic: With Attorney vs. Without Attorney – In a playful claymation format, this infographic compares two scenarios: one with an individual appealing alone and one with an attorney’s help. On one side, a clay person stands in front of a judge alone, looking confused with a pile of papers; on the other side, a similar clay figure stands confidently next to a clay attorney figure holding a briefcase. Above the attorney side, a scale icon tips in favor (to indicate higher success odds). The infographic text highlights “20–30% higher approval rates with representation” and shows some of the tasks handled by attorneys (with small clay icons: forms, evidence, deadlines, hearing arguments). The message is clear: having a knowledgeable advocate can tilt the odds of the SSD/SSI appeals process in your favor.

At Harbison & Kavanagh, we have dedicated our practice to Social Security Disability law in Virginia. We’ve helped countless individuals from the initial application through multiple levels of appeal. We know how to communicate effectively with the SSA and how to present a compelling case that aligns with Social Security rules and regulations. When you hire us, you’re not just getting paperwork assistance – you’re getting a partner who truly understands the system and genuinely cares about your right to benefits.

Consider the SSD/SSI appeals process as a complex journey; having a guide who’s traveled that road many times before can relieve your stress and improve your outcome. Our Richmond-based team is familiar with local SSA offices, the judges who hear cases in Virginia, and the common issues that Virginia claimants face. We take a personalized approach, tailoring our strategy to your unique situation and medical condition. Ultimately, our goal is the same as yours: to get you the benefits you need and deserve.

Next Steps: Preparing Your Appeal and Getting Help

Whether you’re at the reconsideration stage, awaiting a hearing, or preparing further appeals, remember you don’t have to go it alone. No matter where you are in the SSD/SSI appeals process, we’re ready to help you strengthen your case.

Facing an SSD or SSI denial can be intimidating, but now you have a roadmap for the appeals ahead. Here are some practical next steps to set you on the path to a successful appeal:

1. Mark Your Calendar: Determine the deadline for your appeal (60 days from the denial notice date) and write it down. Plan to submit your appeal well before that date.
2. Organize Your File: Gather all correspondence, your initial application copy, denial letters, and any medical records you have. Create a folder (digital or physical) for your disability case. This will help you and anyone assisting you to quickly find information.
3. Reach Out for a Free Consultation: Consider contacting our team at Harbison & Kavanagh for a free consultation about your case. We can evaluate your denial letter and advise on the best approach for your appeal – with no obligation. Many people find that even a quick consultation brings peace of mind and clarity about what to do next. You can contact us via our website or call (804) 888-8000 to set up a time. We’re here to help Virginia and neighboring state residents through every step of this process.
4. Continue Medical Treatment: Do not pause your doctor visits or therapy because of the denial. Ongoing medical treatment not only helps your health but also builds the evidence you’ll need for your appeal. If you experience new symptoms or your condition worsens, inform your doctor – it should be documented. These updates can be critical in reversing a denial.
5. Educate Yourself: Knowledge is power. Explore our blog articles linked throughout this page to deepen your understanding. For example, if you’re about to write an appeal letter, read the one on appeal letters; if you’re waiting for a hearing, read our post on how to prepare and what to expect at a disability hearing. We also have an article specifically walking through the entire Social Security Disability appeal process in a concise format, which can be a great refresher or overview as you move forward. The more you know, the more confident you’ll feel.

Infographic: SSD Appeal Game Plan – This final infographic ties together the next steps in a friendly claymation style. It shows a clay clipboard labeled “Appeal Game Plan” with a checklist: “1) Note Deadline, 2) Gather Evidence, 3) Consult an Attorney, 4) File Appeal, 5) Follow Up Regularly.” Each step is illustrated by a small clay figure or icon (e.g., a calendar for the deadline, a stack of medical files for evidence, a telephone for consulting, an envelope for filing, and a magnifying glass for follow-up). At the bottom, a clay figure high-fives a clay attorney figure in celebration, symbolizing a successful appeal outcome. The visual wraps up the guide with an encouraging note that with the right plan and support, you can win your appeal.

Conclusion

The SSD/SSI appeals process in Virginia and surrounding states may seem daunting, but it exists to give you multiple chances to prove your entitlement to disability benefits. Many people are denied initially and later win on appeal, so do not be discouraged by that first “no.” By understanding the process, avoiding common pitfalls, and strengthening your case with new evidence and possibly legal representation, you can greatly improve your chances of success.

This pillar page has equipped you with knowledge on everything from filing a reconsideration to presenting a strong case at a hearing. We’ve also linked numerous resources and in-depth guides (plus provided infographic summaries) to help you dive deeper into specific topics as needed. Our aim is not only to help you win benefits, but to make you feel informed and empowered throughout this journey.

If you remember nothing else, remember this: act quickly, be persistent, and don’t be afraid to ask for help. The team at Harbison & Kavanagh is ready to assist you at any stage of your appeal. We take pride in serving disabled individuals across Virginia, from Richmond to Virginia Beach, and in neighboring states. With dedication, compassion, and legal expertise, we’ll help you navigate the SSD/SSI appeals process so you can secure the financial support you need for your health and future.

For personalized guidance on your case or to start your appeal immediately, contact us today. Let us put our experience to work for you in the SSD/SSI appeals process and help turn that denial into an approval.