Call For a Free Consultation 24/7 - Se Habla Español
Appealing a Denied SSDI Claim Serving the legal needs of our community for over 40 years Get a Free Consultation

Appealing a Denied SSDI Claim in Virginia

Let Our Norfolk Team Fight to Get You the Benefits You Need

Finding out that your Social Security Disability Insurance (SSDI) claim has been denied does not mean that your case is closed. You still have the option to file for reconsideration or an appeal with the Social Security Administration. However, time is of the essence. You must file your appeal in writing within 60 days of the date you receive your denial letter.

The social security disability lawyers in Norfolk, VA have been helping disabled individuals win the SSDI benefits they deserve for more than 30 years, and we are here to make sure your rights are fully protected. Appealing your SSDI claim is a complicated process, and it is important to have an experienced attorney on your side every step of the way.

Please call (855) 880-8163 as soon as possible to begin building your appeal.

Why Was My SSDI Claim Denied?

The majority of SSDI claims are denied due to insufficient medical evidence demonstrating the severity of your disability.

There are several reasons this may occur:

  • You did not have documentation from the proper specialists
  • Your medical records did not adequately reflect the severity of your condition
  • Your doctor did not understand the criteria necessary to ensure your claim gets approved
  • The Social Security Administration did not properly interpret your medical evidence

It is rare that the SSA will dispute that you are suffering from a legitimate medical condition. However, they may often dispute whether you meet the legal criteria to qualify as being disabled. Our lawyers will work closely with your health care professionals to make sure that the medical evidence presented on your behalf is as compelling as possible.

The Appeals Process

There are four levels of appeal in an SSDI claim:

  • Reconsideration
  • Hearing by an administrative law judge
  • Review by the Appeals Council
  • Federal court review

Reconsideration is your first stage of appeal. Your claim will be reviewed in its entirety by a Social Security Administration agent who did not participate in the initial decision on your claim. You have the opportunity to present new evidence to the SSA at the time of your initial appeal. Often, the reconsideration appeal can be conducted without you being present.

If you are still dissatisfied with the decision during reconsideration, you may request a hearing with an administrative law judge who has not participated in either the initial decision or the reconsideration. This hearing will generally take place within 75 miles of your home. Your appearance at the hearing will significantly increase your approval of Social Security Disability benefits. Our attorneys will accompany you to the hearing to advocate on your behalf and question any witnesses you bring.

If your hearing does not go as successfully as you would like, you can then request a review with the Social Security Appeals Council.

The Appeals Council can decide to:

  • Deny your review request
  • Agree to review your case
  • Return your case to an administrative law judge for additional review

If you disagree with the decision of the Appeals Council or if the council chooses not to review your claim, you can file a lawsuit in a federal district court. This would be the final appeal available to you.

Receiving Benefits During Your Appeal

There are certain instances where you can request to continue receiving SSDI benefits while your appeal is being decided:

  • You are appealing a decision to discontinue your benefits due to the fact that your condition no longer qualifies as a disability
  • You are appealing a decision to reduce your SSI benefits or to withdraw your eligibility for these benefits altogether

You must notify the Social Security Administration within ten days of receiving their letter that you would like your benefits to continue during your appeal. However, if your appeal is denied, you may be required to pay back the money you received during this time. Our Virginia SSD appeals lawyers can help you navigate these issues.

Please contact Kalfus & Nachman PC through the form on this page or call (855) 880-8163 to arrange a free review of your case.

Free Legal Consultation
Get the Recovery You Deserve

See What Our Clients Say

    “I highly recommend Kalfus & Nachman. They were on point from start to finish. Their office called me to keep me informed every step of the way. Everyone was friendly and returned calls and e-mails promptly! Very professional!”

    - Victor Gilmore

    “They took the time needed to listen and explain the answers to any questions I asked. The follow-up to return my calls was excellent and the results were unparalleled.”

    - Nancy Lewis

    “I was able to gain a sense of "calm" in the midst of dealing with an injury and all the hardship that comes with it. Thanks!!!”

    - K. Williams
/

Our Results

We Mean Business

  • $10.5 Million Recovered Truck Accident
  • $10.9 Million Recovered Traumatic Brain Injury
  • $2.2 Million Recovered Premises Liability

Meet Our team

Tell Them We Mean Business

Our Awards & Accolades

  • AAJ Leaders Forum
  • Top 25 Motor Vehicle TLA
  • American Association for Justice Leaders Forum
  • BBB A+ Rating
  • The National Trial Lawyers - Top 100 Trial Lawyers
  • National Trial Lawyers Top 100
  • North Carolina Bar Association
  • End Distracted Driving
  • Louisiana State Bar Association
  • NPBA - Norfolk & Portsmouth Bar Association
  • Walk Like MADD
  • Virginia Trial Lawyers Association
  • Do I Need To Hire An Attorney For My Personal Injury Case?
  • Do I Need To Hire An Expert in My Personal Injury Case?
  • What To do In An Accident

how is Kalfus & nachman Different?

  • You Will Pay No Fees Unless We Win Your Case
  • We Have Recovered Millions of Dollars for Our Clients
  • Our Attorneys Are Well-Equipped to Fight Insurance Companies
  • We Have Successfully Handled Thousands of Cases Since 1979
  • We are a Full-Service Firm with Multiple Locations
  • Se Habla Español

free case review

Fill Out The Form Below To Get Started.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy
    • Social Security Disability
    What Is Intellectual Disability and Who Qualifies?

    Intellectual disability is a complex condition that affects millions of individuals worldwide. In this blog post, we will delve into the definition of intellectual disability, explore the qualifications for obtaining assistance, and provide valuable tips for individuals and families navigating this challenging journey. At Kalfus & Nachman PC, we ...

    Read More
    • Truck Accidents
    Trucking Accidents: Causes & Liability

    Trucking accidents are among the deadliest accidents on the roadways. The large size and weight of semi-trucks make them a force to reckon with in an accident. Being involved in a trucking accident can be traumatic, and it's essential to know what to do if you ever find yourself in one. In this blog post, we will discuss everything you need to know ...

    Read More
    • Firm News
    "Future-Proofing Your Law Firm with Technology" with Attorney Paul Hernandez

    Attorney Paul Hernandez was featured in a blog by Neos, a cloud-based management software, discussing how the use of cutting-edge technology has made their law firm more efficient, highly productive and incredibly profitable. This blog explores the transformative impact of legal tech, featuring interviews with successful lawyers Frank Nunes and ...

    Read More