ssd what dose attorney do at reconsideration phase

by Prof. Lilla Dicki II 3 min read

What is the reconsideration process for SSDI?

The disability reconsideration is the first level of appeal for a denial of a Social Security Disability or SSI disability claim. A reconsideration is essentially this: the social security administration will simply take a second look at your disability claim to see if the first decision (when your disability application was denied) was correct or incorrect.

What is the reconsideration phase?

A Request for Reconsideration can be completed by you or your disability lawyer by filling out form (SSA-561). You must provide your name, Social Security number, the type of claim that you are appealing (listed on the notice of decision), the claim number (listed on the notice of decision), the reason for the appeal, your address and the contact information for your disability lawyer, if …

What is the disability reconsideration appeal?

Apr 15, 2017 · The Reconsideration Phase. One of the least fruitful phases of the Social Security disability process is called the Request for Reconsideration. This phase occurs when disability applicants appeal an initial medical denial from the Social Security Administration. Considering that Social Security denies approximately 75 percent of all initial applications, you can bet there …

Why is my Social Security disability reconsideration denied?

The Reconsideration stage begins after your initial application has been denied. You should present any updates to your conditions and new treatments you may have received at this time. This stage typically takes an additional three to six months. Over the last few years, the approval rate at Reconsideration is only between 12% to 15%.

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How do you win a SSDI reconsideration?

7 Tips for How to Win a Disability Reconsideration AppealFile a Timely Appeal. ... Submit the Right Paperwork. ... Draft an Effective Appeals Letter. ... Provide Additional Medical Evidence. ... Be Honest and Transparent. ... Get a Written Opinion From Your Doctor. ... Hire a Reliable Attorney.Sep 20, 2021

What happens with a SSDI reconsideration?

After you file your request for reconsideration, the file is sent to a different person at Disability Determination Services. From that point, DDS reviews your file in the same way that it did during the initial application. They can send you to a doctor for an examination.

What percentage of SSDI is reconsideration approved?

The percentage of applicants awarded at the reconsideration and hearing levels are averaging 2 percent and 9 percent, respectively. Denied disability claims have averaged 64 percent.

How long does a SSDI reconsideration take?

between three to five monthsOn average, it will take between three to five months to complete the Social Security Disability reconsideration process and receive this letter of decision. Here are some tips on how you can get your reconsideration request approved.

What happens during a reconsideration?

The Reconsideration stage begins after your initial application has been denied. You should present any updates to your conditions and new treatments you may have received at this time. This stage typically takes an additional three to six months.

What does reconsideration mean on disability?

A reconsideration is a complete review of your claim by someone who didn't take part in the first decision. That person will look at all the evidence used to make the original decision, plus any new evidence.Dec 21, 2021

Why is it taking so long for SSDI reconsideration?

Because there are so many applications that are filed each year, it takes time for the SSA to process and review each one. This review time can take anywhere from 3 to 6 months on average. Most people have their initial application denied.

What states are hardest to get disability?

Oklahoma is the hardest state to get for Social Security disability. This state has an SSDI approval rate of only 33.4% in 2020 and also had the worst approval rate in 2019 with 34.6% of SSDI applications approved. Alaska had the second-worst approval rate, with 35.3% of applications approved in 2020 and 36.2% in 2019.

Can your SSDI be taken away?

SSDI benefits are only awarded to people who meet the SSA's definition of disabled. If the SSA believes you no longer meet the definition of disabled, they will terminate your SSDI benefits immediately.Jun 5, 2020

Are mandatory reconsiderations ever successful?

The Government's figure for the mandatory reconsideration success rate is under 20%. That is for any additional points being scored, never mind getting to the points that persons should have scored.

What is reconsideration?

Reconsideration is an administrative process where another person from the same agency will review the claim. This is a rather redundant process, and most reconsideration cases are also denied before being sent to the hearing level.

How long does it take for a mandatory reconsideration?

The DWP does not have a deadline for doing the Mandatory Reconsideration. Some reconsiderations take two weeks, some take several months. If you have not received your Mandatory Reconsideration Notice, it is a good idea to call the DWP after: 2 weeks to check they have logged your Mandatory Reconsideration.

What is the second phase of SSDI?

Reconsideration is the second phase of the SSDI application process. When an initial application for disability benefits is rejected (which is about 70% of the time), the next step is usually 1 to ask for “Reconsideration.”

How long does it take for a disability to be re-applied?

Then, it usually takes about 3 to 6 months for a Reconsideration to be processed, but it can sometimes take more. If the claims examiners find that you should have been approved, that your denial was mistaken or inappropriate, you will be awarded your benefits.

Is it more likely to get approved for a second or fourth unemployment claim?

It is much less likely that a second, third, or fourth new application will be more successful than an appeal. You are much more likely to be approved for benefits if you keep fighting through the appeals process than if you keep filing new applications with the same information.

What is a reconsideration of disability?

The disability reconsideration is the first level of appeal for a denial of a Social Security Disability or SSI disability claim. A reconsideration is essentially this: the social security administration will simply take a second look at your disability claim to see if the first decision (when your disability application was denied) was correct or incorrect.

How long does it take to get a reconsideration decision?

Typically, a reconsideration decision on a disability claim is made faster than on a disability application and it is not unreasonable to expect a decision within eight weeks.

What is the tactical value of a reconsideration?

However, in most cases, the tactical value of a reconsideration is that if a person gets denied on this appeal, they can then file the next appeal which is a request for a disability hearing. And at hearings, those with representation have a substantially higher chance of being approved for disability benefits.

Why is reconsideration made by the same agency?

Simply because the reconsideration decision is made by the same agency (DDS) that denied the claim in the first place. The only real difference is that a different disability examiner makes the decision, usually using the exact same medical evidence, and usually within just a few weeks of the first decision--which was a denial ...

How long does it take to get a Social Security reconsideration?

Whether you submit a reconsideration or your attorney does, the reconsideration appeal must be submitted to social security within sixty-five days ( the sixty day appeal deadline plus 5 days allowed for mailing). This means it must actually be received by the Social Security Administration, not just post marked, by the sixty-fifth day.

How much of a disability hearing is won?

Disability hearings involving representation are typically won more than 60 percent of the time. You may contact your local Social Security office to request your reconsideration paper work and if you have a disability lawyer you can simply contact this individual to handle your request for reconsideration.

How long does a denial of SSDI last?

For instance, SSDI denials can be made if the SSA determines you have not worked long enough to be considered insured, your condition is not expected to last for at least 12 continuous months, you are currently working.

How long does it take for a disability claim to be approved?

Unless you have added additional medical information to your claim, it is unlikely your claim will be approved. The request for reconsideration may take 30 to 90 days to complete. If you are approved for benefits the SSA will send you a letter detailing your payment amount and the estimated date of payment.

Why are allowance rates lower at reconsideration level?

In my opinion, the main reason for the lower allowance rates at the Reconsideration level is that the claims are being decided on paper. So, to avoid the disappointment of another denial, you must make sure that the claims reviewers can easily see why your medical evidence requires them to award your benefits.

What is considered evidence in a disability decision?

To make a disability decision at Reconsideration, or any other step in the review process, Social Security must “consider all of the available evidence in the individual’s case record.”. Social Security regulations explain that the evidence includes Objective medical evidence and medical opinion.

What is the phone number for disabled workers in Massachusetts?

If you are a disabled worker in Hampden County Massachusetts or Suffield, Enfield or Somers, Connecticut, and you have worked 5 out of the last 10 years, call me at (413) 567-5600 for help with your case.

What happens if you are denied Social Security?

If you are denied after submitting your initial disability application and file an appeal within 60-days of receiving your denial letter, the next phase is called the reconsideration phase. The reconsideration phase is similar to the initial application phase in that your case is assigned to an adjudicator, or examiner, who works for Disability Determination Services (DDS) and is responsible for determining whether or not you qualify to receive disability benefits under Social Security's rules. The difference at the reconsideration phase is that your claim will be assigned to a new examiner- you will have a fresh set of eyes on your claim, but they will have all the information previously submitted.

Who is the point of contact for a DDS?

A competent disability attorney or representative will act as the point of contact for your DDS examiner so you don’t have to. They will make sure your claim is on track and the examiner has the necessary information in order to make a decision on your claim.

How long does it take to get a reconsideration from Social Security?

A surprising number of disability claimants miss this deadline; they make the mistake of thinking the deadline is that their request for reconsideration has to be postmarked within 60 days from when they receive their notice of denial. It actually has to be in the Social Security office, not postmarked, within 65 days from the date stamped in ...

Who decides the second appeal?

The second appeal is decided by a federal administrative law judge (ALJ) at a disability hearing, and before your hearing you should absolutely have legal counsel. (Here's how a lawyer will help you at the hearing .)

What to do if your Social Security disability is denied?

If your initial application for Social Security disability benefits has been denied, it may be a good time to talk to a lawyer. If your application for disability has been denied and you intend to appeal, you can either file a reconsideration appeal on your own, or find a claims representative to do this for you.

How long does it take to appeal a Social Security denial?

Social Security allows 60 days from the date of denial (plus 5 days grace for mailing time) for an appeal to be at the Social Security office.

Can a disability attorney help you change your odds?

A representative (a disability attorney or non-attorney representative) may be able to help change your odds if you omitted something important on your application, but there's no guarantee. This means you will likely have to file a second appeal.

What is SGA in Social Security?

SGA is the way the Social Security Administration measures the severity of your disability and whether you are able to perform any level of work. Your initial application also requires a considerable amount of information about your previous work history.

Will Social Security reconsider my application?

Once your request for reconsideration is submitted, the Social Security Administration will review your application again. Your application will return to the same office that processed your initial application, however, it will be a different examiner.

Can you be denied SSI if you have previous work history?

Depending on the type of benefits you are seeking — Supplemental Security Income ( SSI) or Social Security Disability Insurance ( SSDI) — your previous work history could play a role in the initial denial. Note that SSI is needs-based and not dependent on your work history.

Can I get a denial even after reconsideration?

As we mentioned, many applicants will still receive a denial even after filing reconsideration. From our experience, most cases are won at the next level in the appeals/reconsideration process during an Administrative Law Judge (ALJ) hearing.

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What Happens at Reconsideration?

  • When an Initial Application has been denied, the applicant has 60 days to notify the Social Security Administration that they want to have their application Reconsidered. Then, it usually takes about 3 to 6 months for a Reconsideration to be processed, but it can sometimes take more. If the claims examiners find that you should have been approved, ...
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Reasons to Keep Fighting

  • The chances for receiving benefits are far greater with appeals than just walking away, which is guaranteed to end with no benefits. Many people will just give up after their first denial of benefits. Either they become discouraged (which is understandable) or they don’t realize they have the option of appealing a negative decision (which is also understandable – the process can be con…
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Should I Just Re-File A New application?

  • Many people make the mistake of filing a new application after their first application was denied, while they’re still within the time window for an appeal. Others don’t act quickly enough to take advantage of the appeal option, and thus are forced to file a new application after the right to appeal has expired. It is much less likely that a second, third, or fourth new application will be m…
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Reconsideration, and Appeals in General, Make More Sense

  • People who continue with the appeals process and have representation (such as from advocates like Citizens Disability) are much more likely to eventually have their benefits approved at some point during the appeals process. This may not be until the highest levels of the appeals; however, it is likely to occur at some point and much more likely than if you give up or just keep filing new …
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