Guide to Navigating Your Disability Reconsideration

The Social Security Administration (SSA) uses strict criteria to define disability when you file for disability. This can be frustrating, especially if you believe your medical condition prevents you from working. If the SSA denies your application for Social Security Disability benefits, you have the right to appeal. A disability reconsideration is the first step in that appeals process, which gives the SSA a chance to review your application and all of the evidence.

Requesting a reconsideration of an initial disability determination can feel overwhelming. You may feel unsure about your next steps. But don’t give up. Winning a disability reconsideration appeal is possible if you understand the process and present your case effectively.

What is Disability Reconsideration?

Requesting a disability reconsideration means you are asking the SSA to take a second look after they deny your initial application. The SSA assigns your case to a new disability examiner. This new examiner will not be the same one who handled your initial application.

This examiner will look over all the existing evidence you submitted. They will also review any new information. The examiner may contact you for more documentation, to schedule a Consultative Examination, or to discuss your condition. Respond to any requests promptly.

Who can File for Disability Reconsideration?

If the SSA denied you Social Security Disability Insurance benefits (SSDI) or Supplemental Security Income (SSI), you have 60 days to file for reconsideration. This 60-day time limit begins on the date you received the denial letter, not the date on the letter. Mark your calendar so you don’t miss the deadline. You may still be able to file even if you were not the original claimant if your rights are affected by the initial determination.

How to File for Disability Reconsideration

You will need to use Form SSA-561 , the request for reconsideration, when you file for disability reconsideration. Although a disability reconsideration doesn’t involve a court hearing, the documentation is still very important. Your application should be complete, well-organized, and easy to understand.

You will also need to include these items with your application:

• Updated medical records
• New evidence about your condition
• A statement explaining why you disagree with the initial decision
• Any other information relevant to your case

Use Form SSA-3341 to submit up-to-date medical information. UseForm SSA-827 to get your doctor’s approval to disclose your medical records.

Tips for Filing a Disability Reconsideration Request

It can feel intimidating to start the process of filing for reconsideration. However, it’s always easier when you have a plan. Use these tips to increase your chance of success:

1. Be Thorough and Accurate: The reconsideration process depends on a complete and accurate application. Don’t rush the application. Review every section of the application forms carefully. This includes Form SSA-561 and Form SSA-3441. Provide every piece of information requested. Mistakes or omissions will lead to delays.
2. Provide Detailed Medical Evidence: Medical records are a key part of your case. Provide detailed and well-organized medical evidence to support your claim. This evidence needs to show the severity of your condition, its impact on your daily life, and your inability to work. Don’t just list your diagnoses. Instead, explain how these conditions affect your functional capacity.
3. Explain how your Condition Affects your Ability to Work: The SSA needs to know exactly how your condition prevents you from working. Explain the specifics. For example, don’t just say you have back pain. Instead, explain that you can’t sit or stand for longer than 15 minutes because of your back pain. The more information you provide to the SSA about your medical conditions and how they impact your ability to perform basic work activities, the better.

What Happens After I File for Disability Reconsideration?

The SSA will review your case once you submit the paperwork. In most cases, the SSA makes a decision based on your paperwork. However, you can request an informal conference. You will not appear before an administrative law judge during disability reconsideration like you do in later appeals. The SSA will send you a letter in the mail once they make a decision.

While winning a disability reconsideration appeal isn’t guaranteed, it’s an essential step in the process. Understanding what to expect increases your chances of success. Don’t hesitate to reach out to the SSA if you have questions. They can also assist you with any part of the process.

FAQs about disability reconsideration

Is reconsideration good for disability?

The reconsideration approval rate is low. TheSocial Security Administration estimates it’s as low as 11%. This means the SSA denies benefits for most people at this level of appeal. However, this is only the first step in a multi-step appeal process. You can appeal your claim to an administrative law judge if the reconsideration isn’t successful.

This level of appeal is more likely to end in success, but it can take a year or more to be resolved. You will need to file a request for hearing with the SSA to start this process. Many people choose to hire a disability lawyer to help them with the appeals process.

What percentage of SSDI claims are approved on reconsideration?

The Social Security Administration reports only about 11% of reconsideration requests are approved. One of the reasons is because the SSA relies on existing evidence. They don’t consider new information at this level in most cases. However, there are additional steps in the appeals process with much higher approval rates.

How long does it take for a SSDI reconsideration?

The average disability reconsideration takes three to six months to be complete. The length of time depends on a variety of factors. Some of the things that can affect the timeline include the case’s complexity, the SSA’s caseload, and whether they need to complete reviews or need more evidence. You can track your SSDI appeal status online through the SSA website.

What are the 5 steps of disability reconsideration?

The reconsideration is one step in the Social Security disability claims appeal process. These are the five steps:

1. Reconsideration: The first level of appeal is reconsideration if your initial application for benefits is denied. During this stage, the SSA completes a full review of your file, including any new evidence you have submitted.
2. Hearing by an administrative law judge: If your reconsideration request is not successful, you have 60 days to request a hearing. A judge will review your file and you may need to attend a hearing. You can request to have your hearing by phone, video, or in-person. You may also request to have it on the record, where you submit your medical records and don’t have a hearing at all.
3. Review by the Appeals Council: You can request that the Appeals Council reviews your case if you disagree with the administrative law judge’s decision. The Appeals Council may choose to review the decision themselves or send it back to the administrative law judge.
4. Federal court review: The final level of appeal is federal court.

Conclusion

You get a second chance to receive the benefits you need with a disability reconsideration. Even though a disability reconsideration has a low approval rating, it’s an important first step. You’re not alone as you navigate this process.

Sharing is Caring: