You should not give up hope of receiving the Social Security Disability benefits that you are rightfully entitled to, should you apply for Social Security Disability and your claim is refused. You have the option of going on to file an appeal of the decision. The first step of this appeal procedure is a petition for disability reconsideration.
Lots of people make the mistake of assuming that it is better to submit a new Social Security Disability application than it is to go on and file a request for reconsideration on a present claim. This is not the situation. Your claim is likely to be refused how often you opt to reapply if you just begin the application process for Social Security Disability benefits from the beginning.
If your application is denied and you want to receive Social Security Disability benefits, your best chance for success would be to file for reconsideration with the Social Security Administration (SSA).
The Way to Request a Reconsideration
The forms needed to initiate this appeal are known as the Request for Reconsideration (Form SSA-561) and the Disability Report-Appeals. Completing the paperwork for a reconsideration is a straightforward and easy thing to do. Here’s a Sample of a filled-out Request for Reconsideration and a filled-out Disability Report for Appeals.
Examine them to make certain that you have submitted the necessary details before returning the forms. In case you have restrictions or any fresh impairments or your condition has worsened, include this info.
Always file this appeal within the 60-day deadline (given that the appeal forms should only take 45 minutes in the most, missing a two-month charm deadline shouldn’t happen).
Filing for Disability Reconsideration
Disability Reconsideration is the second step in the Social Security Disability program process and is the very first step in the appeal process. If your initial application is refused, you must file within 60 days of getting the notice of the decision in the Social Security office. You’ll need to start the application process all over again if you do not submit your petition for reconsideration within that 60-day time period.
After a request for reconsideration file, your application will be sent back to the Social Security office for review. The office that handled your first application will handle your request but it will not be exactly the examiner reviewing your case.
It is crucial to recognize that is bound by the exact rules as the person who reviewed your claim for Social Security Disability benefits. Because of this, many applications are denied at the reconsideration level. The exception to the rule is when crucial information is left out of the initial program. Roughly 86 percent of Social Security Disability claims are denied at the reconsideration level. Make certain to prepare as far as possible to boost your chances of winning, prior to applying for reconsideration.
Why are Reconsiderations Turned Down so Frequently?
Just because the disability reconsideration decision is made by exactly the identical agency (DDS) who denied the claim in the first place. The sole difference is within just a few weeks of their decision — which was a denial of this claim, and that the choice employing the specific same medical evidence is made by another disability examiner. Generally, given this sort of setup, it would be illogical to think that any choice that has been different from the initial would be reached.
In instances where a claim is approved on a reconsideration appeal, it’s often because the disability examiner who decided the first claim, a.k.a. the disability application, so clearly flubbed the decision (so much so that the reconsideration-level examiner who takes a second look at the claim cannot ignore the incompetence of their conclusion) OR because new medical information has surfaced, such as a new diagnosis or a downgrade from the claimant’s disease by the claimant’s doctor or doctors.
How long does SSDI Reconsideration take
Typically, a Social Security disability or SSI reconsideration won’t take as long as an initial claim (in other words, the handicap application). It’s not unusual to receive a decision on a reconsideration within eight months. But a disability reconsideration can take less or more time; there’s no way to know yours will require.
How to Win a Disability Reconsideration
You’ve applied for SSDI and have been denied in case, then the very first thing in order to have a different outcome this time around you will need to do is to figure out why you were denied in the first location. Find out what the SSA thinks you did wrong, and this time do it right. The first step is to determine what type of denial you received.
The Reason You Need to File a Disability Reconsideration
Reconsideration appeals are almost doomed to fail. But that doesn’t mean they are not worth doing. First of all, a small fraction of these does get accepted. This by itself makes a reconsideration worth filing. However, typically, the strategic value of a reconsideration is that if a person gets denied on this appeal, they could file the appeal that’s a petition for a disability hearing. And in hearings, those with representation have a higher likelihood of being approved.
This is even more so if the case is properly prepared (obtaining medical record updates and submitting them to the judge, getting statements from the claimant’s physician or doctors and submitting them as well, and also being prepared to counter statements raised by expert witnesses called to the hearing by the administrative law judge). Disability hearings involving representation are usually won more than 60 percent of their time.
You might contact your local Social Security office to request your reconsideration paperwork and you can just contact this individual to deal with your request if you have a disability lawyer.
Whether you submit a reconsideration or your attorney does, the reconsideration appeal must be submitted to social security within sixty-five days (the sixty-day allure deadline plus 5 times reserved for mailing). This means it should be received by the Social Security Administration, not just postmarked, by the day.