How do I appeal a denied Social Security disability claim in Virginia?
1. Federal Program. SSDI (Title II), SSI (Title XVI); 5-step evaluation (20 C.F.R. § 404.1520; § 416.920).
2. Initial Determination. Virginia DDS under DARS processes claims. About 65% denied initially.
3. Level 1: Reconsideration. SSA-561 within 60 days.
4. Level 2: ALJ Hearing. HA-501 within 60 days. OHO offices in Richmond, Roanoke, Norfolk, Falls Church, and Charlottesville. Wait 11-14 months.
5. Level 3: Appeals Council. HA-520 within 60 days.
6. Level 4: Federal District Court. 42 U.S.C. § 405(g); Eastern or Western District of Virginia within 60 days.
7. Virginia Supplemental. None for private sector; Virginia Sickness and Disability Program covers state employees only.
8. Continuing Disability Reviews. Every 3-7 years.
9. Attorney Fees. 25%/$9,200 cap (42 U.S.C. § 406(a)).
10. Concurrent State Aid. Virginia is a "209(b)" state — SSI recipients must separately apply for Medicaid through DMAS, which uses stricter financial eligibility than SSI.
This is legal information, not legal advice.
- Your reconsideration was denied
- You need help with both SSI and separate Medicaid application
- ALJ hearing requires vocational expert cross-examination
- 42 U.S.C. § 405(g)
- 20 C.F.R. § 404.1520
- 20 C.F.R. § 416.920
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.