If you applied for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) in Virginia and received a denial, you are not alone — and you do have options. The first step in appealing a denied claim is called reconsideration. This guide will walk you through everything you need to know about the disability reconsideration process in Virginia, including timelines, what to expect, how to prepare, and what happens next if reconsideration is denied again.
Key Takeaways
- Reconsideration is the first official appeal step after your initial Social Security disability claim is denied. You must request it within 60 days of your denial letter.
- In Virginia, the average reconsideration processing time is about 90 to 120 days, though this can vary depending on your local Disability Determination Services (DDS) office workload.
- Reconsideration is a full review of your claim by a different examiner; it is not a new hearing or trial.
- If your reconsideration is denied, the next step is to request a hearing before an Administrative Law Judge (ALJ), which can take 12 to 18 months in Virginia.
- Understanding the SSA Blue Book Listing of Impairments and submitting strong medical evidence is critical to success at reconsideration.
What is Disability Reconsideration?
Disability reconsideration is your first level of appeal with the Social Security Administration (SSA) after your initial disability claim is denied. When you file for SSDI or SSI and get a “Notice of Disapproved Claim,” you have 60 days from the date on that letter to request reconsideration.
Unlike the initial claim process, reconsideration means a new disability examiner at the SSA’s Disability Determination Services (DDS) office in Virginia will review your file from scratch. They will not simply review your initial examiner’s notes—they will look at all your medical records, test results, and other evidence anew. The goal is to determine if you meet SSA’s definition of disability under the law.
Why Is Reconsideration Important?
Many claimants receive a denial at the initial level because of incomplete evidence or failure to meet SSA’s strict criteria. Reconsideration offers a second chance to submit any new medical records, clarify your disability, and make a stronger case.
If you miss the 60-day deadline to request reconsideration, you risk losing your appeal rights permanently.
The Disability Reconsideration Process in Virginia
Virginia’s Disability Determination Services office handles reconsideration requests for all SSDI and SSI claims filed within the state. Here’s a step-by-step overview of the process:
Step 1: Requesting Reconsideration
- Submit your Request for Reconsideration online at SSA.gov, by phone, or in person at your local Social Security office.
- You do not need a lawyer or representative to file this request, but having an experienced disability attorney or advocate can improve your chances.
Step 2: Case Review by DDS
- Your claim will be assigned to a different examiner than at the initial level.
- The examiner will review all existing medical evidence, including your initial application forms (SSA-16 for SSDI or SSA-8000 for SSI), the Function Report (SSA-3373), and consultative exam results.
- They may order a new consultative medical exam if current evidence is insufficient.
- The examiner will apply SSA’s Blue Book Listing of Impairments to your medical conditions to decide if you meet or equal a listing.
Step 3: Reconsideration Decision
- Once the examiner completes the review, you will receive a written notice of the decision by mail.
- A favorable decision means your claim is approved, and you will start receiving benefits.
- A denial means you can take your appeal to the next level: a hearing before an Administrative Law Judge (ALJ).
Virginia-Specific Timelines and Statistics
Social Security Disability processing times and approval rates vary widely by state and even by local office. Here are important statistics for Virginia:
| Appeal Level | Average Processing Time (Days) | Virginia Approval Rate (%) | National Average Approval Rate (%) |
|————————|——————————|—————————|————————————|
| Initial Claim | 120 – 150 | 33% | 34% |
| Reconsideration | 90 – 120 | 15% | 13% |
| ALJ Hearing | 360 – 540 | 50% | 45% |
| Appeals Council Review | 180 – 240 | 5% | 5% |
Data as of early 2024, from SSA.gov and Virginia DDS sources.
Note: The reconsideration approval rate in Virginia is slightly higher than the national average, but still low compared to initial and hearing levels. This reflects the strict review at reconsideration.
What Evidence Should You Submit for Reconsideration?
Many claimants fear reconsideration because they think the SSA is just going to deny them again. The truth is, your chances improve if you help the DDS examiner by submitting thorough, up-to-date evidence.
Types of Evidence to Include
- Medical records: Recent treatment notes from your doctors, specialists, therapists, and hospitals.
- Diagnostic test results: MRI, X-rays, blood tests, pulmonary function tests, etc.
- Medical opinions: Letter or forms completed by your treating physicians describing your functional limitations.
- Daily activities: Updated Function Reports or third-party statements from family, friends, or caregivers.
- Medication history: List of prescribed medications and their effects or side effects.
- Work history and vocational information: If relevant, showing your inability to perform past work.
Remember, SSA’s definition of disability requires that your condition be expected to last at least 12 months or result in death and prevent you from engaging in any substantial gainful activity (SGA).
Understanding the SSA Blue Book and Its Role in Reconsideration
The SSA maintains a Listing of Impairments, commonly called the Blue Book, which describes medical criteria for disabling conditions that automatically qualify for benefits if all criteria are met.
Some examples of listings include:
- Musculoskeletal disorders (e.g., severe arthritis, spinal disorders)
- Cardiovascular conditions (e.g., chronic heart failure)
- Mental disorders (e.g., major depressive disorder, schizophrenia)
- Respiratory disorders (e.g., COPD, asthma)
- Neurological disorders (e.g., epilepsy, multiple sclerosis)
At reconsideration, your examiner will compare your medical records against the Blue Book criteria. If your condition meets or equals a listing, you will be found disabled.
If you do not meet a listing, the examiner will assess your Residual Functional Capacity (RFC) to see what, if any, work you can still perform.
You can review the Blue Book online at the official SSA website: SSA Blue Book Listing of Impairments.
What If Your Reconsideration Claim Is Denied?
If you receive an unfavorable reconsideration decision, don’t lose hope. You have two more levels of appeal:
Step 1: Request a Hearing Before an Administrative Law Judge (ALJ)
- You must request the hearing within 60 days of your reconsideration denial letter.
- In Virginia, ALJ hearing wait times range from 12 to 18 months, sometimes longer.
- At the hearing, you can present new evidence, bring witnesses, and have legal representation.
- ALJs have a higher approval rate than reconsideration.
Step 2: Appeals Council Review
- If the ALJ denies your claim, you can request a review by the Appeals Council.
- This review is discretionary and usually only granted if there was an error in law or new evidence.
- If the Appeals Council denies your request, the final step is federal court.
Tips for Navigating Your Virginia Disability Reconsideration
- Act quickly. Deadlines are strict. Missing your 60-day window can end your appeal rights.
- Gather complete medical evidence. The more detailed and recent, the better. Ask your doctors for detailed reports.
- Consider hiring a disability attorney or accredited representative. They understand SSA rules, medical evidence, and can help present your claim.
- Be honest and detailed in your Function Reports and medical history. The DDS examiner needs a clear picture of how your disability affects your daily life.
- Prepare for possible consultative exams. The SSA may require you to attend a new medical exam to evaluate your condition.
- Keep copies of everything you submit. And track all correspondence with SSA.
Where to Get Help in Virginia
- Virginia Disability Determination Services: Handles claims and reconsiderations.
- Local SSA offices: For filing appeals and getting information.
- Virginia Legal Aid and Disability Rights Virginia: Offer free or low-cost assistance.
- Private disability attorneys: Experienced in helping Virginians navigate appeals.
Frequently Asked Questions (FAQs)
1. How long does Social Security reconsideration take in Virginia?
On average, reconsideration in Virginia takes about 90 to 120 days. However, individual cases may take longer depending on evidence and DDS workload.
2. Can I submit new medical evidence during reconsideration?
Yes. You can and should submit any new medical records or information that supports your disability claim before or during reconsideration.
3. What if I miss the 60-day deadline to request reconsideration?
Missing the 60-day deadline generally means you lose your right to appeal. In rare cases, SSA may consider exceptions, but you must act quickly and provide a valid reason.
4. Is reconsideration a hearing?
No. Reconsideration is a paper review by a different examiner. The first hearing opportunity is at the ALJ level.
5. Do I need a lawyer for reconsideration?
You are not required to have a lawyer at reconsideration, but many find that having a disability attorney or accredited representative improves their chances of success.
Final Thoughts and Next Steps
Disability reconsideration in Virginia is a critical step in your appeal after an initial denial. While the process can feel overwhelming and slow, understanding what to expect and preparing your evidence carefully can make a big difference.
If you are scared or confused, you are not alone, and help is available. Many claimants who were initially denied eventually won benefits through the appeals process, especially with professional guidance.
I strongly encourage you to consult with a qualified disability attorney who knows Virginia’s system well. They can help you navigate the paperwork, gather supporting evidence, and represent you at hearings if needed. Don’t wait — your future financial security may depend on taking the right steps now.
Written by Michael T. Hargrove, former SSA Claims Examiner and Disability Benefits Consultant.