Denied disability benefits? Our step-by-step guide on how to win a disability reconsideration will ease stress and maximize your chances of success.
If you have received an initial denial for your Supplemental Security Income or Social Security Disability Income benefits claim, do not fear, you still have options. Read on to find out more about the process of disability reconsideration.
What Is a Disability Reconsideration?
The Social Security Administration states, “Reconsideration is the first step in the appeals process for a claimant who is dissatisfied with the initial determination on his or her claim.”
How to Win a Disability Reconsideration (9 Easy Steps)
1. Hire a Qualified Disability Attorney
Hiring a qualified and experienced disability attorney is a fantastic way to ensure that you have the best chance of winning a disability reconsideration because they have a track record of successfully appealing denials based on both medical and financial denials.
2. Know Why You Were Denied Disability Benefits
In your initial denial letter, it will state why you were denied disability benefits. This could include not meeting the definition of disabled, lacking medical documentation, or not meeting income or resource requirements.
3. Write an Effective Disability Appeals Letter
You will want to draft an effective disability appeals letter and send it to the Social Security Administration. This appeals letter should be a written correspondence that clearly states the reasons why you disagree with Social Security’s explanation of the denial of your disability benefits.
According to the Social Security Administration, “A writing, for these purposes, is any documentation, e.g., a letter, facsimile, or submission of additional evidence, which clearly implies disagreement with the initial determination.”
4. File Your Reconsideration Request on Time
A request for reconsideration must be filed within 60 days after you receive the notice of the initial determination denial. A good practice is to ensure that you reach out to a disability attorney right away after you receive the initial denial letter so that you will be able to gather the necessary information to submit the appeal.
5. Submit the Right Paperwork to the SSA
● Form SSA-561: Request for Reconsideration
● Form SSA-3441: Reconsideration Disability Report
● Form SSA-827: Authorization to Disclose Information
6. Provide Additional Medical Evidence
It is always a good idea to request the most up-to-date medical information when you submit an appeal for your Social Security Disability benefits. You can ask for your updated medical records by calling or emailing your medical team, or your attorney can request it on your behalf. Ensure you request additional medical evidence from all the doctors you see, not just the ones you think the Social Security Administration will want to see.
7. Get a Medical Statement from Your Doctor
Suppose you have a supportive medical team or doctor. In that case, it is a great idea to ask either via a phone call to your Doctor’s office or, if you have an appointment coming up, to ask at your next appointment for a supportive medical statement from your doctor. This is your chance for your doctor to explain your disabling conditions better, how it affects your daily life, and the prognosis for your disability.
8. Submit a Residual Functional Capacity (RFC) Form
The Social Security Administration will utilize the information you wrote on your RFC form, which you can find here. It is imperative to fill out the RFC form to the best of your ability and to not overestimate your ability to complete certain physical or mental activities.
9. Be Honest and Transparent About Your Disability
It is crucial to be honest and transparent about your disability when applying for disability benefits and during the appeal process. This includes providing accurate information about your medical condition, symptoms, and limitations. It is also important to disclose any relevant information, such as past work history, education, and daily activities, that could impact your eligibility for benefits.
Also Read: Can You Work While On Disability?
What Happens If My SSDI Reconsideration Is Approved?
If your SSDI or SSI Reconsideration Appeal is approved – congratulations! You will now be receiving Social Security Disability Insurance benefits or Supplemental Security Income (SSI).
In SSI cases you will need to do a PERC (pre-effectuation review conference). This interview happens once you have been found disabled. PERC interview is a financial interview to figure out the amount ($) of SSI benefits an individual will be eligible for.
What Happens If My SSDI Reconsideration Is Denied?
It is crucial to be honest and transparent about your disability when applying for disability benefits and during the appeal process. This includes providing accurate information about your medical condition, symptoms, and limitations. It is also important to disclose any relevant information, such as past work history, education, and daily activities, that could impact your eligibility for benefits.
Also Read: How Do You Know If Social Security Is Investigating You?
The 4-Step Social Security Disability Appeals Process
- Request for Reconsideration – This is when you will put in writing the reasons why you disagree with the original denial that the Social Security Administration issued to you.
- Administrative Law Judge (ALJ) Hearing – This is when you can talk more about your disability and how it limits your ability to work in Federal Administrative Court. The ALJ will then review your hearing testimony, your relevant medical records, and other evidence and issue a decision.
- Appeals Council Review – If you are denied at the Administrative Law Judge hearing, you can appeal this denial to the Appeals Council in Virginia. The appeals council will then review your case and issue a decision.
- Federal District Court – Suppose the Appeals Council review still denies your disability. In that case, the matter will be heard in Federal District Court where the Federal Level of Disability Determinatiors will decide for your case.
Need Help Get Help with Your Request for Reconsideration? Call Us!
The knowledgeable and experienced attorneys at Evan Disability are able and willing to assist with your Social Security Reconsideration process. You can call them for a free consultation at (855) 360-1010.
Disability Reconsideration FAQ
How Long Does an SSDI Reconsideration Appeal Take?
According to the Social Security’s 2022 reports, the average processing time for an SSDI reconsideration appeal is 181 days.
What Do I Need for Social Security Reconsideration?
You will need the appeal letter in writing, updated medical records, an updated Residual Functional Capacity form, the Form SSA-561: Request for Reconsideration, Form SSA- 3441: Reconsideration Disability Report, and Form SSA-827: Authorization to Disclose Information.
What Percentage of SSDI Is Reconsideration Approved?
According to the Social Security Administration (SSA), approximately 35 percent of disability appeals are approved for both Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).
