Important: We updated this article in January 2025 after reviewing current SSA data and policies. Applied for disability but the Social Security Administration (SSA) denied your claim? Then it’s important to know how to win a disability reconsideration and get benefits on your second try. That’s because reconsideration, or your first appeal, is almost always the second step in the application process. This is because so many people get denied benefits the first time they apply. But don’t feel discouraged! We will explain how to improve your chances during the appeals process below.
How to Win a Disability Reconsideration: Key Takeaways
- The Social Security Administration denies 70% of initial disability applications, either for medical or technical reasons.
- Reconsideration is what the SSA calls the first appeal stage after a Social Security disability claim denial. It allows you to request a different claims examiner to review your application and hopefully results in a different outcome.
- Appeals are more likely to succeed when an experienced Social Security attorney helps you submit the right medical information.
- Your reconsideration will also fail if you don’t submit new medical evidence or other required proof that you qualify. This can include things like your work history, Social Security Number (SSN), financial statements, banking information, etc. If asked, you must also attend a consultative exam.
- You’re far more likely to win Social Security disability benefits on appeal after a medical denial. Technical denials are difficult or impossible to overcome without legal assistance.
What Is Disability Reconsideration?
Disability reconsideration is what the SSA calls your first appeal if the agency denies your initial claim. Some applicants are not eligible for medical reasons, meaning the SSA doesn’t think your medical condition meets the required guidelines. Others get claims rejected for technical reasons, like a form that’s incomplete or because their monthly income is too high.
If you’re one of the 7 in 10 people denied benefits the first time, request a reconsideration within 60 days. A reconsideration request is exactly what it sounds like: you’re asking the SSA to reconsider your request for disability benefits.
When Should You Request Reconsideration After a Disability Denial?
No matter the reason, you have 60 days after your denial to file an appeal (i.e., reconsideration). You should always file your appeal within this timeframe. If you don’t, you must start the Social Security disability application process all over again from scratch.
This advice is most important if your letter mentions a medical denial as the reason for your claim rejection. If you received a technical denial, the timeframe is still 60 days. However, technical denials for disability claims are almost impossible to win unless you have an attorney.
Understanding the Difference Between Medical Vs. Technical Denials
A medical denial means the SSA thinks your medical condition won’t prevent you from working for at least 12 months. You should absolutely appeal after this type of denial, especially if your condition or symptoms worsened since your initial application.
A technical denial is a non-medical reason for denying you disability benefits. Here are some common reasons for receiving a technical denial on your SSD claim:
- You made a mistake or left something out in your original paperwork.
- You’re still working and earn too much money when you apply.
- You do not have enough work credits from working at least 5 in the last 10 years.
- You’re at least 62 years old and already drawing some Social Security benefits each month, like early or regular retirement.
The hard truth is that it’s not possible to appeal a technical denial and win unless there’s a major error. However, if such an error exists, a Social Security disability lawyer can show you how to win a disability reconsideration with the right changes.
Why You Should Always Appeal Instead of Reapplying for Benefits
SSA policy says they view a new application the same as a reconsideration request if you re-apply within 60 days. However, it’s much smarter to appeal a denial instead of filling out all that same claim paperwork again.
If you file another claim, the same Disability Determination Services examiner that denied you the first time could reject it. That cannot happen if you file a reconsideration request to appeal your denial instead. Also, if nothing changed between your first and second application, a DDS disability examiner will almost certainly deny you again. But most importantly, if you file a new application, you won’t qualify for back pay dating back to the date of your initial claim.
How to File Your Disability Reconsideration Request with the Social Security Administration
You can file a reconsideration form three different ways:
- Online at SSA.gov.
- In person at your local SSA office.
- With an attorney’s help, which triples your chances for benefit approval within 6 months.
How to Win a Disability Consideration: 6 Success Tips
To make your reconsideration request more likely to succeed, follow the tips and strategies outlined below.
File within the 60-day deadline
Your appeal has no chance to succeed if you miss the 60-day filing deadline. Frankly, the sooner you submit your SSDI reconsideration appeal request, the better.
Understand their reason for denying you benefits
The key to making a successful appeal is knowing why the SSA denied you in the first place. Read the letter you received in the mail carefully so you can appeal each reason with the right additional evidence.
Get the paperwork right
You’ll need to file some or all the following forms when you ask the SSA to reconsider your disability application:
- Request for Reconsideration form, also called Form SSA-561
- Form SSA-827, which grants authorization for your doctor to disclose information and share your medical records with the SSA
- Reconsideration Disability Report, also known as Form SSA-3441-BK
- If your letter mentions requesting a hearing, then you’ll need to file Form HA-501, Request for Hearing by Administrative Law Judge
If you fail to submit any of the above documents mentioned in your letter, then your appeal will likely fail.
Submit strong medical proof to support your claim
Your medical records must show the extent of your disease or condition and how it prevents you from working. If there are new records, be sure to submit them. If there is new information that bolsters your case, be sure to include it all with your appeal.
Write a letter
There might only be a little bit of space on the actual form to explain why you wish to appeal. But you can also include a letter in addition to your Request for Reconsideration. Use that space to clearly state why you disagree with their initial finding and point out any additional information they should know. Focus on how your medical condition affects your daily life and ability to work or function socially. To make sure someone reviews it, write “please see enclosed letter” on your Request for Reconsideration form.
Consult a lawyer who specializes in SSDI reconsideration cases
Having a lawyer file your appeal can significantly boost your chances of a successful outcome. Attorneys know how to win a disability reconsideration and can help ensure you meet all deadlines and submit the appropriate forms.
If Your SSDI Reconsideration Fails, Request a Disability Hearing
If the SSA denies your first appeal, do not lose hope. You still have the option to request a disability hearing within 60 days. While a second denial can be frustrating, for some people, it can be a good thing. Why? Because this time, you’ll present your case before an Administrative Law Judge.
You should prepare for this hearing just like you would for an important job interview:
- Dress nice and arrive early, if possible
- Make sure all your documents are in order
- Practice what you will say to the judge before you’re in the room together
How Long You’ll Wait for Your Court Date Varies by State
The state you live in determines how long you must wait for a court date after you request a hearing. It will take months, at minimum – most people waited nearly 8 months in 2024.
Click through here to see how court date wait times vary state by state.
Watch Out for Administrative Law Judge Trick Questions
When you go before an Administrative Law Judge, remember: The ALJ is not there to look out for you. Instead, the judge is there to listen for holes in your story and find ways to deny your disability claim.
However, the judge must also fairly evaluate any information that you offer during your hearing. This is why it’s important to listen to your judge carefully and only answer the questions you’re asked. If you hear open-ended questions, try to stick to the point and give as factual an answer as possible. Don’t give any unnecessary information or exaggerate your symptoms. And always tell the truth. If you don’t know the answer to a question, say that instead of guessing.
Explaining how your medical condition affects your everyday ability to function can be the difference between benefit approval or denial.
An Attorney Can Triple Your Chances for Getting Disability Benefits
Still not confident you know how to win a disability reconsideration and secure benefits? Talk to a lawyer for free about your case to understand where your first claim went wrong.
Need help finding someone in your area who can give you a free consultation? We can help you do that! Simply click the button below to sign up for a free phone call from a disability lawyer in your area.
Your consultation is always free, and you aren’t required to work with the attorney who calls or do anything else. If an attorney cannot help you win benefits during the reconsideration process, then you owe $0. And if you’re successful, then you only owe one small fee after your award goes through.
Ready to get started? Click the button below to start your free online benefits quiz and see if you may qualify now:
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Lisa Allen is a writer and editor who lives in suburban Kansas City. She holds MFAs in Creative Nonfiction and Poetry, both from the Solstice Low-Residency Program in Creative Writing at Pine Manor College. Prior to becoming a writer, Lisa worked as a paralegal, where she specialized in real estate in and around Chicago.
