What Is the SSDI Reconsideration Process for Disability Claims?

You just received a determination of your disability claim: It’s denied! Now what?

The first step in the appeals process is reconsideration.

Approximately 16% of disability claims are approved at the reconsideration stage. SSDI reconsideration can be an important step in receiving the disability benefits that you deserve. Completing this reconsideration step promptly will allow you to move to the next phase of appeals and, if denied, have a hearing in your case.

Understanding the Disability Claims Reconsideration Process

Whether you’re appealing a denial or a less-than-favorable decision, the reconsideration process allows you to turn it around. Our team here at Pekas Smith Disability Attorneys will explain the following:

• What the reconsideration process is
• How to appeal
• The deadline to appeal
• What makes an appeal successful
• Your right to an attorney

To speak to a knowledgeable attorney about reconsideration for your disability claim, you can contact Pekas Smith Disability Attorneys in Phoenix today.

What Is SSDI Reconsideration?

The disability reconsideration process is the first opportunity to have an independent review of a disability claim denial. At reconsideration, people are assigned to conduct a thorough review of the information submitted in the claim. A new determination may result in an award of disability benefits after meeting qualifications.

What is disability reconsideration?

Disability reconsideration is the first appeals step for a claimant who has been denied, in whole or in part, after the initial determination of his or her claim.

Who can ask for disability reconsideration?

You can ask for disability reconsideration if you have applied for disability and:

• Your claim is denied OR
• Your claim is less than fully favorable

Less than fully favorable means an appeal of a finding of a closed period (CP) of disability, an adverse onset date, or some other determination resulting in the denial of benefits.

How do you request reconsideration of a disability claim?

To request reconsideration of a disability claim:

• Complete form SSA-561, Request for Reconsideration or form i561, Request for Reconsideration, electronic
• Submit a statement of disagreement with the initial determination
• Submit additional evidence relating to the claim

You or your representative may file the request in writing or electronically. Calling the 800 number or the field office isn’t sufficient to file, nor is stating you plan to appeal or requesting forms. You must submit the 561 form to request reconsideration.

The Social Security Administration can’t initiate reconsideration without a request, so it’s important to file the paperwork promptly.

Where do you submit your Social Security request for reconsideration?

You may submit your request for reconsideration to any Social Security Administration office.

Why Can Social Security Reconsideration Lead To a Different Decision?

You might wonder why a reconsideration would result in a different decision. There are several reasons that a Social Security reconsideration request may yield a different result. These may include the following:

• The person’s medical condition has worsened, and they have additional medical information to submit.
• The examiner made an incorrect decision based on the information available.
• An application was missing information that could be supplemented.
• Incorrect information can be corrected.

For these reasons, a significant number of claims are approved at the reconsideration level.

How Long Do You Have To File an SSDI Reconsideration Request?

There are time limits for reconsideration: You must file a request for reconsideration within 60 days of receiving your initial determination. It may be possible to receive an extension of the period, but you must have good cause, and your request may not be granted. (See DI 27010.001 Appeal Filing Issues).

It’s also possible to ask for reconsideration too early. You should make sure an initial determination has been made. If the notice is pending release and the notice is pending online, administrators may accept the appeal.

It’s presumed that you received the notice of your determination five days after the date on the notice unless you can show that you didn’t receive it within that time frame. If you receive the notice in person, the day you receive it is considered the date of receipt.

What is the SSA policy for reconsideration?

Programs Operations Manual System SI 04020.010 et. seq. and DI 27001.001 et. seq. creates policy for the reconsideration process.

Who decides a disability reconsideration request?

• A disability hearing officer OR
• A disability examiner with a medical or psychological consultant

Reconsideration Next Steps: Approval vs. Denial

What happens if my disability reconsideration is approved?

If your disability reconsideration is approved, Social Security will then determine the amount of your benefits. Your benefits are paid back to your disability date, except for the five-month waiting period.

What happens if my disability reconsideration is denied?

If SSI or SSDI reconsideration is denied, you may proceed to the next step of the appeals process. The next step in the SSI or SSDI reconsideration process is a hearing before an Administrative Law Judge. An attorney can advise you on the best way to proceed.

Talk To a Disability Reconsideration Attorney

At Pekas Smith Disability Attorneys, we want everyone to receive the disability benefits they deserve. We are taking new cases and invite you to talk to a disability attorney. Contact us now.

Frequently Asked Questions – SSDI Reconsideration