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Attorney Shawn Taylor

What are the steps of appealing an SSD denial?

On Behalf of | Oct 15, 2021 | Blog, Social Security Disability |

The SSD appeal process in West Virginia can feel daunting or confusing, but that doesn’t mean that it cannot be successful. If you’ve been denied SSD benefits, it is important to know what your next steps should be. Here’s what you need to keep in mind if you’re starting the process.


A request for reconsideration is often done within 60 days of receiving SSD denial. Your aim should be to ask for a conference to explain your case in front of a Social Security representative. The Disability Determination Services agency will review your case, and your SSD benefits may get approved at this stage; however, if that doesn’t happen, you should request an administrative hearing.

Administrative hearing

An SSD hearing is a chance to explain your case in front of an administrative law judge, similar to what you would do during the reconsideration stage. You will have 60 days to file for a request for hearing. An administrative law judge will then make a decision. If you do not agree with the judge’s ruling, there is an appeals process available that you might want to pursue.

The appeals council

The appeals council will review the decision made by the administrative law judge and then make a decision about whether to grant your request for review or not. If the council grants a review of your case, the case will go back to the administrative law judge for review. Otherwise, the appeals council will determine the outcome of your case.

The federal district court

If you are still not satisfied with the appeals council’s decision, your next option is to go to the federal district court. The court will determine whether the administrative law judge’s decision was fair or whether it made any mistakes. Note that this court doesn’t take new evidence into account; it will only review the SSD claims process.

The SSD appeals process can seem like it has a lot of red tape involved with it. However, once you understand what each step is there for, you can better prepare your case.