If you were denied Social Security disability benefits, your next step is to make a Social Security disability appeal.

The first step in the appeals process is what is known as a reconsideration.

The reconsideration request allows your application to be evaluated by another disability claims examiner, who will basically check the work of the initial examiner to make sure denial of your claim was based upon a fair and accurate evaluation of your situation.

You may request a reconsideration online. The online form provides two choices for your appeal. You may want a medical reconsideration if your claim was denied because the initial claims examiner wasn’t able to fully capture the extent of your impairment. A non-medical reconsideration request is appropriate if you received notice that your claim was denied because you make too much money or that you did not have Social Security Disability Insurance.

Should I Wait a Certain Amount of Time Before Submitting My Reconsideration Request?

It’s best to submit a reconsideration appeal as soon as possible. If you do not submit the appeal within 60 days of receiving the denial, you will be forced to start over with a new disability claim. In some cases where you’ve experienced a true emergency that has caused you to miss the deadline, you may be allowed to file a late claim.

What Do I Include in My Reconsideration Appeal?

Be sure to include any new information, such as if you have seen a new doctor or specialist who has provided additional diagnostic information. If your health status has worsened since you submitted your initial claim, explain your new limitations. Most of the time, patients submit their reconsideration appeal so quickly after their initial claim that their circumstances will not have changed much.

Do Most Patients Win a Reconsideration Appeal?

Unfortunately, most patients do not win a reconsideration appeal. According to 2018 statistics, 87 percent of reconsiderations resulted in another denial. Most of the time, reconsiderations are denied because because the same information is being reviewed. Without any new evidence to strengthen a disability claim, a second denial is likely.

Which States Do Not Allow a Reconsideration?

In 1999, the Social Security Administration eliminated the reconsideration process in 10 states, but the process has been reinstated beginning in 2019. Alabama, Alaska, Michigan, and Missouri were the last states to have the reconsideration process reinstated. As of March 2020, all states allow reconsideration as a method of fighting back against a SSDI denial.

In My Reconsideration Appeal Receives a Denial or if My State Does Not Have That Step, What’s Next?

The next step in the appeals process is to request a Social Security Disability Appeal Hearing in front of an administrative law judge. Depending on the state where you reside, you might need to wait a year or even two years before the hearing is scheduled. If you are too ill to attend a hearing in person, the court may allow you to attend by live video feed.

Why Are the Waits So Long?

Many states have backlogs of requests for hearings. The best way to ensure that your Social Security disability appeal is convincing and is reviewed as quickly as possible is to seek the assistance of an experienced, qualified attorney.

Should I Consult an Attorney?

The appeals process for Social Security Disability Insurance can be complicated and the stakes are high. Submitting an appeal is the claimant’s chance to change the result of their application. To make the most he most effective appeal possible, claimants should add as much documentation of their disability as possible. Consulting an experienced attorney can help you prepare your appeal as thoroughly as possible.

How Can an Attorney Help with the Appeals Process?

Applying for Social Security disability insurance and appealing a denial can be a long process. An experienced Social Security disability appeals attorney can help you best arrange your medical information and help expedite your appeals process.

A faster appeal is available if you meet one of several different conditions.

If you are in dire financial straights, you may be eligible for an expedited hearing. For example, you may be in the middle of a financial crisis that may lead to eviction or foreclosure of your home. Or, you may be unable to afford to pay for your medication, food or utility bills. In instances like these, attorney can help you document your financial need, and submit a request for an expedited hearing.

Additionally, other concerns may allow you to apply for a faster appeal review or hearing. If you have a terminal condition, you may qualify for a Compassionate Allowance. A Compassionate Allowance which enables the Social Security disability denial to be reviewed more quickly. Social Security maintains a list of ailments that qualify applicants for a Compassionate Allowance. If your health has deteriorated by the time you file the appeal, you may qualify for it even if you did not qualify for the Compassionate Allowance when you initially applied.

In the event of a dire medical situation, your attorney may request an on-the-record case review that allows your medical evidence and your case to be examined by a judge. In some instances, the judge will grant Social Security disability benefits so you won’t need to await a hearing.

A Social Security disability appeal lawyer also may request a congressional inquiry for your case, which will place it on the fast track.

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This article is not legal advice. It is presented
for informational purposes only.