The short answer: SSDI reconsideration is the first level of appeal after Social Security denies your initial disability application. A different reviewer takes a fresh look at your entire file, including any new medical evidence, and decides whether the denial should stand. You generally have 60 days from the date you receive your denial notice to request it; you can file online or with Form SSA-561, and the review usually takes several months.
Getting a denial letter from Social Security is discouraging, especially when you’re already dealing with a serious health condition and worried about how you’ll pay your bills. Take a breath. A denial isn’t the end of the road. For most individuals, it’s just the first step, and reconsideration gives you a genuine chance to turn things around.
Here’s something worth knowing up front: talking to a South Carolina disability attorney usually costs you nothing to start. Consultations are free, and disability cases are typically handled on a contingency basis, so you generally don’t pay a fee unless you’re approved and receive back benefits.
In this article, we discuss:
– What SSDI reconsideration is.
– How to request one and the deadline that applies.
– What happens during the review.
– Signs your reconsideration may be going well or poorly.
– How long reconsideration takes and your odds of approval.
What Is SSDI Reconsideration?
SSDI reconsideration is a complete re-review of your denied disability claim by someone who wasn’t involved in the first decision. The reconsideration stage is the first level of appeal, and it’s conducted by a person who didn’t take part in the original decision.
When you apply for Social Security Disability Insurance and are denied, you have the right to appeal, and reconsideration is the first of those appeal levels. A reviewer at your state’s Disability Determination Services (DDS) looks at everything in your original file, plus any new evidence you add, and decides whether the denial should be changed. Because SSDI is a federal program, this process works the same way whether you live in South Carolina, Texas, or anywhere else in the country.
How Do You Request An SSDI Reconsideration?
You request reconsideration by filing a written request with the Social Security Administration, generally within 60 days of receiving your denial notice. Under federal regulations, SSA will reconsider an initial determination if you file a written request within 60 days after the date you receive notice of the initial determination.
That 60-day clock is important. The SSA presumes you received the notice five days after the date on the notice. You can file in two ways: you can request reconsideration online, or you can file by completing Form SSA-561-U2. If you miss the deadline, you may be able to ask for more time, but only if you can show good cause. Don’t count on that. Filing on time protects your right to appeal without having to start over from scratch.
Not sure how to complete the forms or what evidence to include? Contact our disability team at 1-833-FILESSA to talk about your SSDI reconsideration.
What Happens During The Reconsideration Review?
During reconsideration, a new DDS reviewer re-examines your entire file along with any additional evidence and issues a fresh decision. Reconsideration involves a review of your initial claim, including all submitted medical evidence, and at this stage, they will also consider any additional evidence.
This is your opportunity to strengthen the record. New doctor’s records, recent test results, updated treatment notes, and detailed statements about your limitations can all make a real difference. In some cases, if the SSA doesn’t have enough evidence, it may pay for a consultative examination. The Social Security Administration will pay for a consultative exam so a provider can evaluate your condition. A consultative exam is a routine part of the process. It doesn’t automatically mean your claim is a win or a loss.
What Are The Signs Your SSDI Reconsideration Is Going Well Or Poorly?
Honestly, there’s no reliable early sign that tells you whether you won your SSDI reconsideration. The only definitive answer comes in the official written determination that Social Security mails you.
Individuals understandably watch for clues, such as a request for a consultative exam, status changes in their my Social Security account, or how long the review is taking. None of these reliably predict the outcome, so try not to read too much into them. A favorable decision arrives as a notice of award that explains your benefits. An unfavorable one arrives as a notice of disapproved claim. If you’re denied again, you’re far from out of options. The next step is a hearing before an administrative law judge, where the odds of approval are much higher.
How Long Does SSDI Reconsideration Take, And What Are Your Odds?
Most SSDI reconsideration decisions take several months. The agency will generally issue a reconsideration determination in around six months, though local backlogs can push that timeline longer.
Approval rates at this stage are low, and it helps to know that going in. According to figures presented in recent congressional testimony, at the initial level, 38% of claims are allowed, and 62% are not. At reconsideration, the numbers drop: about 15% were allowed, and 85% were disallowed. Don’t let that discourage you. Approval odds climb sharply at the next level, where about 51% are allowed at the administrative law judge hearing. Reconsideration is the required step to reach that hearing, so filing it correctly keeps your case moving forward.
With 30 years of experience, our SSD practice knows how to build a strong record early, so your claim is in the best possible position at every level of appeal.
Frequently Asked Questions About SSDI Reconsideration
Is reconsideration required before a disability hearing?
Yes, in most cases. Reconsideration is the first level of appeal, and you generally must complete it before you can request a hearing before an administrative law judge. Filing on time keeps your case on track and preserves your right to that hearing.
Can I submit new medical evidence during reconsideration?
Yes. Reconsideration includes a review of your original file plus any new evidence you provide. Updated medical records, test results, and statements from your doctors about your limitations can all strengthen your claim at this stage.
What happens if my SSDI reconsideration is denied?
You can request a hearing before an administrative law judge, which is the next level of appeal. Many claims denied at reconsideration are approved at the hearing stage, so a second denial doesn’t mean your case is over.
How much does it cost to hire a disability attorney?
Your consultation is free. Disability representation is typically handled on a contingency basis, which means you generally don’t pay an attorney fee unless you’re approved and receive back benefits.
A denial is frustrating, but reconsideration is your chance to get it right. Contact McCravy, Newlon, & Clardy today. Call our disability team at 1-833-FILESSA to talk about your SSDI reconsideration.
