Many people who are denied disability benefits (and there are many of them) after their initial application choose to appeal the decision and request a reconsideration. But is requesting a reconsideration good when applying for disability?
Yes, it is. Generally, a request for reconsideration is recommended once you receive a denial on your initial application for disability benefits. Reconsideration allows you to retain the benefits of back payments while the Social Security Administration (SSA) processes your claim.
Keep reading below as we discuss in more detail where reconsideration is good for disability benefits.
Is Reconsideration Good for Disability?
If your claim was rejected, you should submit a request for reconsideration. If you don’t submit a request and then submit a claim later, it will affect your retroactive payments.
In the event that you submit a request for reconsideration and it is granted, your backpay eligibility will date back to when you first filed a claim.
You are potentially eligible to receive benefits backdating up to a maximum of 12 months prior to your initial application date, with the exception of the first five-month mandatory waiting period.
When submitting a request for reconsideration, you should include more detail and evidence to support your claim.
The majority of reconsideration requests result in a second denial of the claim due to a lack of sufficient information.
If you are denied at the reconsideration stage, you will have the option of appealing to an administrative law judge. You will have a better chance of getting the claim approved if you appeal to an ALJ.
You must know the specifics of the denial in order to successfully appeal the decision at the reconsideration level or at a later hearing.
It is a good idea to think about why your initial claim was denied before submitting a request for reconsideration. It is helpful to consider whether your condition meets the Blue Book’s criteria for a listing.
If your income exceeds the amount designated as “Substantial Gainful Activity” (SGA), your disability claim will be dismissed. You need to be able to prove that your impairment will either keep you from working for at least a year or will ultimately cause your death.
It’s important to evaluate whether you’re capable of continuing in your current line of employment. If you do, then you don’t meet the criteria for Social Security Disability Insurance benefits.
You must demonstrate that you are unable to work and support yourself in order to have a valid claim.
The Social Security Administration will evaluate your skills to determine what kind of employment you are capable of, if any. Your claim will be rejected if the evidence shows that you can carry out the same or similar work as in the past.
Social Security Administration’s Appeals Process
If you are refused Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) benefits, you have the option to appeal the decision through four different stages of the appeals process. There are different and often perplexing standards for every stage of the appeals process.
Reconsideration
When you ask for reconsideration of your claim, it is assigned to someone else to review. This individual had no part in evaluating your original application.
They will look at all of the material, both the original and any new evidence you present, when reviewing your request for consideration. Most requests for reconsideration won’t necessitate a face-to-face meeting.
But if you’re appealing a denial that was issued because your health has improved, you can request a meeting with a Social Security advocate and explain why you think your condition is still disabling.
ALJ Hearing
You have the right to a hearing before an Administrative Law Judge (ALJ) if your request for reconsideration is denied.
There’s a chance you’ll need to provide more information prior to the hearing date. The court will interview you and any witnesses (such as employment or medical specialists) present during the hearing.
Although it is not mandatory, it is in your best interest to speak with a Social Security disability claims attorney prior to appealing to the hearing level. A lawyer can help you find credible witnesses and compile all the documentation that will help convince the judge that you deserve disability payments.
Appeals Council
The Social Security Appeals Council is responsible for the third stage of the appeals process. While the appeals council will consider your request for review, they have the right to decline if they find that the administrative judge’s decision was correct.
The appeals council has three possible responses. It has the option of rejecting your request for review, making a decision on your disability claim, or sending the issue back to the administrative judge for further consideration.
Federal Court
Filing a case in federal court is the fourth and last stage of the appeal process. If you have not recruited an attorney to assist you with your social security appeal yet, you should do so immediately and speak with a social security disability claims lawyer. If you need help arguing for your eligibility for Social Security disability benefits, an attorney may serve as an invaluable resource.
Approval Rate at the Reconsideration Stage
The Social Security Administration (SSA) reports that a startling 85 percent of reconsideration requests result in a denial of benefits. The appeal known as “reconsideration” comes into play after your initial claim was rejected and you have filed an appeal, requesting them to revisit your claim.
When the claim reaches the hearing stage, more than half of all claims across the country are approved. Having a lawyer or advocate on your side boosts your chances of getting benefits by over 60%.
There are a variety of factors that can influence whether or not your request for benefits will be granted once you submit it for reconsideration, including the following considerations:
- Do you have any evidence to support the claim that your condition has worsened over time?
- During the appeal process, did you provide any new evidence to the Social Security Administration?
- Have you recently visited a doctor? If so, have you called the disability examiner to update them on your medical care?
- Have you done everything that Disability Determination Services has asked of you, including going to any planned consultative medical exams?
Keep detailed records of all your hospital visits, including appointments, treatments, and medications. You must provide proof of your health issues and the impact they have had on your life through documentation.
Time Frame for Requesting Reconsideration
After the Social Security Administration has deliberated on your request for reconsideration and come to a conclusion, they will write you a letter to inform you of their decision.
The letter will clarify the SSA’s reasoning for denying your disability claims and will tell you the outcome if your appeal was successful.
It is estimated that it will take anywhere from three to five months for the Social Security Disability reconsideration process to be finished and for this letter of decision to be delivered. Here are some suggestions for strengthening your case for reconsideration.
If your request for reconsideration is turned down, you have the option to file an additional appeal regarding the decision. The next phase of the appeals process involves presenting your case in front of an administrative law judge, who will preside over an appeal hearing.
If your claim for social security disability insurance benefits has been refused through the reconsideration process, you may want to look into hiring legal representation for your hearing. If you have competent representation at your hearing, your prospects of successfully appealing the denial of your disability claim will be significantly boosted.
Can I Request Reconsideration Without an Attorney?
Although it is possible for you to initiate the review process for disability claims on your own, doing so is generally not advised.
Too many people have their requests for reconsideration turned down due to technical problems in the reconsideration process, which could have been avoided if the request for reconsideration had been filed with the assistance of an experienced SSDI attorney.
As mentioned previously, around 85% of the reconsideration requests that are submitted to the Social Security Administration result in the denial of benefits. A significant portion of denials are due to incomplete or improperly filled-out request accounts. Sadly, many people who legitimately meet the requirements for disability payments and are in need of them are turned down for assistance.
How to Get Approval at the Reconsideration Stage
There is no sure-shot way to get disability approval at any stage of the appeals process, but you can maximize the likelihood by following these tips:
1. File an Appeal Immediately
If your application is denied by the Social Security Administration, you will receive a letter explaining why. You will have a total of sixty days to respond to this letter, beginning on the date specified in the letter.
It’s crucial that you get your appeal in before the deadline. If you are delayed and submit an appeal after the 60-day limit has passed, your appeal will most likely be turned down.
2. Include All Necessary Documentation
Reconsideration appeals require the submission of a specialized form. This document is referred to as the SSA-561 Form. A Reconsideration Disability Report is also required. This report essentially bolsters the validity of your initial claim by supplying new and important facts that relate to your application.
Submission of an Authorization to Disclose Information to the SSA is also necessary when requesting a reconsideration of a disability claim. This is a medical release form, which, as its name suggests, gives the Social Security Administration permission to view any medical documents that pertain to your disability.
3. Write a Powerful Appeals Letter
You will only have very limited space to explain why you believe the Social Security Administration’s decision to deny your benefits was unfair when you fill out the appropriate SSA paperwork and submit it.
You should, however, present a deeper explanation of how the grounds SSA gave for denying your application were not correct in order to improve your chances of getting approved. Writing a persuasive appeal letter and submitting it with the SSA application is one way to go about doing this.
A ‘see attached page’ notation can help ensure that the SSA workers who receive your form also read your appeals letter.
4. Submit New Medical Evidence
Your application for disability benefits will mostly depend on the documentation and records provided by your treating physician.
If your initial application for disability benefits was turned down, it is essential that you provide new medical evidence and paperwork when you apply for reconsideration of your disability claim.
This added documentation could prove to be the deciding factor in your favor during the review of your claim. You and your doctor can go over the reasons for the initial decision and decide together what kind of medical proof will best support your appeal.
5. Present Evidence Honestly and Transparently
When applying for Social Security disability benefits, it’s in your best interest to present your case honestly and openly. The same holds true throughout the reconsideration stage. You should give an honest account of your health and the limitations that it causes.
You can hurt your chances of approval at this stage and at any later appeal level if you provide any ambiguous or dishonest information in your application.
6. Add Doctor’s Comments
Your doctor is in the best position to provide a comprehensive assessment of your medical issues and the restrictions you may face as a result of them. You might want to have your physician document his or her assessment. Then, you can include the letter along with the rest of your medical documentation.
Conclusion
So, in the event that your initial disability application is denied, you’ll find that requesting reconsideration from the SSA is a good next step. Consulting a disability attorney may maximize your chances of getting approved for disability benefits, as they are more familiar with how the system works and how to properly file the necessary paperwork.
