Sources: 20 C.F.R. §§ 404.909, 404.933, 404.968 and 416.1409 (appeal deadlines); 20 C.F.R. §§ 404.929, 416.1429 (de novo hearing); 42 U.S.C. § 405(g) (federal court review).
Social Security disability law is unforgiving of missed deadlines. A late appeal usually means starting over, months of waiting are lost, and back benefits can shrink with them. Getting each step right, on time, with the right evidence in the file, is the whole game.
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A Social Security disability claim moves through fixed levels. A state agency decides the initial application and the reconsideration. An administrative law judge holds a hearing and takes a fresh look. The Appeals Council reviews the judge's decision for error, and after that the case can go to federal district court. Each level has its own 60 day deadline, and each level reads the record the earlier levels built.
We represent claimants at every level, in SSDI claims built on a work record, SSI claims based on financial need, and the many cases that involve both at once. Fees in these cases are set by federal law. The Social Security Administration must approve any fee before it is charged, and in most cases the fee is paid out of past due benefits at the end of a successful claim, not out of pocket along the way.
Schedule a ConsultationFrom the first application to federal court review, for SSDI and SSI.
Building the claim correctly from the start: medical evidence, work history under the current five year rule, and function reports that match the record.
The first appeal after a denial. We fill the gaps the state agency flagged and add the evidence the file was missing.
Preparing claimants to testify, developing opinion evidence, and questioning the vocational expert whose testimony often decides the case.
Identifying legal error in an unfavorable decision and briefing the issues that support review or a remand for a new hearing.
Civil actions under 42 U.S.C. § 405(g) in Virginia's federal district courts, decided on the record under the substantial evidence standard.
Financial eligibility, income and resource rules, and claims where SSDI and SSI run together and the details of each affect the other.
"Most people read the first denial letter and assume the system has made up its mind. It has not. The levels above that first decision exist because the first look is often incomplete, and the claimants who do well are the ones who treat the appeal as a deadline-driven records project, not a form to mail back. Whichever stage you are at, the move is the same: protect the deadline first, then build the file the judge will actually read."
A missed deadline can close a claim before the record is ever fully heard. Tell us where your claim stands and we will map the next step. Serving Leesburg, Fairfax, and all of Northern Virginia.
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