How to Win a Disability Reconsideration

If your disability claim is denied, you may file a request for reconsideration. Some ways to help potentially win your reconsideration is to apply on time, use an RFC, submit more medical evidence and work with a lawyer

Many people who suffer disabilities think they are automatically entitled to disability benefits provided by the Social Security Administration (SSA). Typically, winning a claim is not necessarily easy, as 70% of claims are initially denied.

Tips for Winning a Request for Reconsideration

These are the tips when filing a request for consideration after a claim for disability denial:

  • You should request a reconsideration of the denial within 60 days following receipt of the Notice of Determination for the initial claim.
  • With your social security consideration you should add an RFC provided by your doctor who should explain the physical and mental constraints caused by the disability.
  • Your disability reconsideration should include additional medical evidence such as results of medical tests including blood tests, X-rays and MRI scans, whichever are applicable to your disability.
  • Before filing your claim for disability benefits you should ask a lawyer to work on your behalf including representing you in the appeal’s process.

How to Win a Disability Reconsideration

What Is a Request For Reconsideration?

If you disagree with the initial determination of your disability denial you may request reconsideration by writing to the SSA or by completing the Form SSA 561 provided by the SSA which is a Request for Reconsideration. The reconsideration must be filed by you and your disability lawyer within 60 days of receiving the written denial notice.

Reconsideration is a holistic review of your claim by an administrator who did not play any role in the initial determination. The SSA evaluates at all the evidence submitted which was used in the original determination, plus any new evidence that has been provided by you and your disability attorney.

In the majority of reconsideration cases the process does not take up as much time as the initial claim. In fact, you may be lucky and receive the decision in just eight weeks.

However this is not always the case and how long the reconsideration takes will depend on how much time it takes for the disability examiner to verify any new medical records you and your attorney have provided. If you have gone through additional medical tests since your first date of application, the examiner will need to verify that your test results and new treatment notes have been compiled by your doctor.

If you have had a heart attack and the long-term effects are not yet known this could delay the disability reconsideration until the effects have been confirmed. If your social security reconsideration is denied you may request a disability appeal which is the next step after a disability denial,

Get Help Today

A disability attorney may be able to help with your Request for Reconsideration. Complete the Free Case Evaluation form to get in touch with a lawyer that takes cases in your area.

Additional Resources

  • Social Security Disability: The Reconsideration Stage
  • What Are My Chances of Winning During Reconsideration?