Social Security Disability Reconsideration Process Explained

Here’s an all-too-real scenario: you are entitled to receiving Social Security Disability benefits and fulfill all the requirements, but all that still doesn’t ensure your claim will be approved.

Fortunately, a denied claim isn’t the end of the world as you can receive your benefits by filing an appeal and kickstarting a Social Security Disability reconsideration process. 

Let’s go over what this procedure entails and how you can increase your chances of receiving benefits.

What you should do if your claim is denied

In case your application is brushed aside, there’s no need to stress - you can obtain benefits by going through the Social Security Disability reconsideration process with the Social Security Administration (SSA).

In fact, you wouldn’t be the only one. SSA actually denies most claims during the initial review process. 

Do note that rejections aren’t handed out just for the sake of it. The majority of first applications are incomplete and lack all the necessary medical evidence that supports the severity of the medical condition. 

If you’re thinking of filing a claim, you first need to ensure that all your medical records and supporting documentation are in order. The more documentation you provide, the higher the chance of SSA getting a clear understanding of the severity of your disability. Ultimately, this will increase the chances of them determining you’re not able to work. 

Since the way you handle your application can help decide the outcome, it’s recommended to hire a disability lawyer who can help support you through the initial application and Social Security Disability reconsideration process, if needed.

How to file for reconsideration

The Social Security Disability reconsideration process is the second step in the overarching application process. When an initial application is rejected, the claimant must file for reconsideration within 60 days of receiving the notice of decision. We advise respecting this deadline, as missing it means you’ll have to start all over again. 

Once you file a request for reconsideration and kickstart the Social Security Disability reconsideration process, Social Security will review your application for a second time. Generally speaking, the same office that handled the initial application will go over your reconsideration request, with a new examiner being assigned for the Social Security Disability reconsideration process.

Though new, they are bound by the same rules as the previous individual who reviewed your initial application. This means many applications will be denied at this stage too if the applicants didn’t supply any other information. 

How to properly handle the Social Security Disability reconsideration process

The best way to achieve success during this step is to provide the Social Security Administration with extra details and updates on your doctor visits, and if possible, any new treatments you may have undergone. Supplanting your initial claim with this information will have a drastic impact on the outcome of the Social Security Disability reconsideration process.

However, don’t stop there. You should also review your initial application with a disability lawyer. Numerous applicants learn they have inadvertently left out crucial information in the initial claim. By resolving this problem and providing the missing details, you’re setting yourself up for success and eliminating the need for any further proceedings. 

To receive a decision as soon as possible, review your documentation, acquire new evidence, and file the reconsideration request as quickly as you can. 

Tips that will help your appeal

What you do at this stage of the process can influence your chances of receiving your benefits. Along with reviewing your claim, you should also do the following:

1. Fill out all available forms: complete the form that requires a full list of all your medical providers, as well as their contact information.
2. Submit additional medical records: get in touch with your physician and obtain all medical records that accurately describe your limitations.
3. Get your physician’s support: a word from a specialist can go a long way in proving your disability. Ask your physician to write a letter explaining why you qualify for benefits and how your condition is negatively affecting your ability to find employment.
4. Submit a Residual Functional Capacity (RFC) form: this form has to be completed by your physician and it can provide even more details about your circumstances.
5. Ask for legal advice: claimants who involve a lawyer during the initial filing process or the Social Security Disability reconsideration process have a higher chance of receiving their benefits than those who handle claims on their own.

What happens if your reconsideration appeal is denied?

If you’re successful, you may receive back pay dating as far back as your initial claim. If your reconsideration request is turned down, your only option is to request a hearing before an administrative law judge. 

To ensure your claim is not dismissed on the hearing level, you must first figure out why you’re getting a negative answer in the first place. For instance, if you’re employed at the time of filing a claim and earning an amount of money above what is considered gainful employment by the Social Security Administration, you will be declined. 

Additionally, your disability must last at least 12 months if you’re to receive the benefits. 

Yet, the biggest factor in denials is your general employment ability. If you’re still able to perform the same type of work you did prior to your injury or the onset of your illness, you will most likely be rejected. This is why we recommend hiring an experienced lawyer who will help you prove you’re not able to find gainful employment, and therefore, are eligible to receive Social Security benefits.

Teamwork makes the dream work

The Social Security Disability reconsideration process can be very complicated, and the same applies to the hearing before an administrative law judge. Hiring a lawyer in advance of filing your claim is highly recommended for the simple fact it will provide you with the best chance of receiving the benefits as fast as possible. 

If you were just about to file a reconsideration request, it’s still not too late to ask for legal guidance as you’re allowed to hire a lawyer at any point in the process.

Naturally, many individuals are worried about legal fees, yet there’s nothing to fret about. Here at the Law Offices of RITE, we work on a contingency basis. This means you won’t pay for anything out of pocket as we will only get paid from your back pay after we help you win the claim.

To make sure your claim is successful, call (904) 500-RITE (7483) or send us a message at info@rite4justice.com and book a free consultation. 

Note: 

The information in this blog post is for reference only and not legal advice. As such, you should not make legal decisions based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.

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