January 18, 2020

My Reconsideration Appeal Was Denied – What Should I Do?

When you submit your reconsideration appeal, your claim will go back to the State Agency adjudication office.  Generally, a different adjudicator will review your file.

If you have identified new medical providers, the adjudicator will send out requests for medical records.  Here, too, the adjudicator will only work with what he/she has – if a doctor has not responded to the request for medical records, the adjudicator will make a decision based on what is there.

Just like the initial application review, the adjudicator will take your file to a state agency medical consultant, then based on that analysis, the adjudicator will issue a decision.  Statistically only about 10% of reconsideration appeals are granted – as a practical matter, “recon” is a waste of time and will delay your case for about 6 months.

Your reconsideration denial will be issued through a form letter.  Here, too, no appeal forms or directions about how to appeal are provided.  Nevertheless, you must file your appeal – a request for an administrative law judge hearing within 60 days from the date you received the reconsideration denial notice.

How to Request a Hearing

You can appeal the reconsideration denial and request a hearing either electronically or using paper forms.  Here is a link to the SSA page that contains links to the forms you will need.

If you are represented, your lawyer will file the request for hearing. If you are not yet represented, now may be a good time to look into hiring a lawyer.  While filing the request for hearing is simple, you probably don’t want to navigate the hearing process on your own.

Once you request a hearing, you (and your attorney) will be responsible for updating your claims file with updated medical information and other evidence.  Since you are likely to find yourself waiting 1 to 2 years before your hearing is scheduled, you are going to need to update your file.  In addition, an experienced attorney can present your case to a disability judge using the language and presentation tactics that will greatly improve your chances at winning.

If you would like to speak with us about your case, please use the form on the side of this page.