What is the disability reconsideration appeal? The disability reconsideration appeal is the first level of appeal after the Social Security Administration denies a disability benefits claim and applies to Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) claims.
Speak with a Las Vegas Social Security disability appeals lawyer today.
How the Disability Reconsideration Appeal Process Works
The disability reconsideration appeal is your opportunity to ask the Social Security Administration (SSA) to reconsider your application for SSDI or SSI. You must make this appeal within 60 days of receiving your denial letter. It is very common for SSA to deny a person’s initial claim for benefits, but this process allows you to request an award.
This first appeal allows you to specifically address any concerns with your initial claim or areas that caused SSA to deny your initial claim. You can provide additional information and evidence of your medical condition or any other factors that contributed to your denial of benefits. The goal is to strengthen your claim rather than resubmitting the same information.
It is very important that you consider working with a Las Vegas Social Security Disability lawyer to make sure you address all factors that contributed to your denial and provide as much evidence as possible, even beyond what they request. If you make additional mistakes or omissions here, the appeal process becomes more complex.
What If You Miss the 60 Day Timeframe?
There are situations where the SSA will grant an extension of the 60-day time limit for appealing a decision, but this is rare. There are strategies your attorney can use to help you file another claim or seek an extension. Do not wait to take these actions; instead, contact an attorney as soon as possible.
What Factors Contribute to Winning a Reconsideration Appeal
Numerous factors contribute to winning an appeal with the SSA, and there is never a guarantee that you will do so. Even at this stage, it is very common for the SSA to deny SSDI or SSI applications, and as frustrating as that can be, it should be expected, especially if you are not using legal representation.
However, there are several ways you can strengthen your claim:
- Updated medical records. Provide the SSA with updated medical records. This should include any changes to your condition, as well as more details about its severity, symptoms, and limitations; the treatments you are receiving; and notes on those you have had in the past. Substantiate all claims with as much evidence as possible.
- Detail your work history. Demonstrate what your work tasks include and the demands they place on you. Then link how your current limitations directly impact your ability to do your job. Make it clear that your disability affects your ability to work in that position or any other.
- New evidence matters. The SSA will provide you with clues about why they denied your application, and that is your opportunity to gather additional evidence. New evidence that supports any aspect of your claim or the severity of your condition will help to improve your chances.
- Determine what was missing. The SSA will provide you with information about the cause of the initial denial, though it can be vague. Work with your attorney to analyze what could better support your claims.
- Act with the help of legal representation. Having an attorney who will review your denial and provide you with more insight into what could help matters. This is beneficial because your attorney has handled similar matters in the past. They know what SSA is expecting.
The more information you present that is accurate, backed by evidence, and relevant to your inability to work at your job, the better. Your attorney will review your case with you to identify opportunities and then provide guidance on how to specifically support your case for benefits. Be sure to request a reconsideration as soon as possible.
Wondering if you meet the SSDI requirements?
How to Request a Disability Reconsideration Appeal
The process of requesting a reconsideration appeal starts with completing Form SSA-561 and submitting all updated medical documentation, employment records, or other data you did not provide or that is new to your case. You have 60 days from the date of the rejection to do this. You can request the process directly on the SSA website or by visiting your local SSA office.
A review will then take place, including reconsideration of all aspects of your case by a new examiner. This is a completely new review, which typically takes three to five months for the reviewer to get back to you with your options. There is always a backlog of cases with SSA that delays the process.
You will then receive a notification from the SSA about their decision, and you should not be shocked if a denial occurs, as it is common.
If you receive a denial for your claim, you will move on to the third step, which is an SSDI Hearing, in which an Administrative Law Judge will decide your case. New evidence and additional support are critical here. Talk to a Las Vegas Social Security disability denials lawyer today.
How Our Disability Reconsideration Appeal Attorney Can Help You
Each one of these cases is complex, and every person who is facing debilitating conditions needs the SSA to act in their favor. Yet, with as common as denials are, it is often best to hire a Social Security Disability attorney to help you.
At Shook & Stone Injury Lawyers, our legal team will help you navigate the disability reconsideration appeal process and build a stronger claim. In many situations, we can offer a free consultation to help you get started with your appeal.
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