Disability Reconsideration Guide: Steps to Improve Approval Chances
Getting denied for Social Security disability benefits can feel like a punch to the gut. You’re already dealing with a medical condition that prevents you from working, and now you’re facing financial stress on top of physical or mental health challenges. The good news is that a denial doesn’t mean the end of the road. You have the right to appeal, and the first step in that appeals process is called a reconsideration.
The team at The Keener Law Firm has helped so many clients successfully overturn initial denials through the reconsideration process that we’ve lost count. With decades of experience representing people with disabilities across the country, we understand what it takes to build a winning case. We know the reconsideration stage can feel overwhelming, which is why we’re here to guide you through every step and fight for the benefits you deserve.
So how do you win a disability reconsideration? While there are no guarantees in any legal process, there are proven strategies that can significantly improve your chances of success.
Understanding the Reconsideration Process
First, let’s clarify what a reconsideration actually is. When the Social Security Administration (SSA) denies your initial application for disability benefits, you have 60 days from the date you receive the denial letter to file a request for reconsideration. This is a complete review of your claim by someone at the Disability Determination Services (DDS) office who did not participate in the original decision.
The examiner will look at all the evidence submitted with your initial application, plus any new information you provide. This is your opportunity to submit documents responsive the reasons for the denial and to strengthen your case with additional medical documentation.
Act Quickly on the 60-Day Deadline. It Comes Fast.
Time is not on your side when it comes to filing a reconsideration. You must submit your request within 60 days of receiving your denial letter. The SSA assumes you received the letter five days after the date on the notice, so don’t waste time.
If you miss this deadline, you’ll have to start the entire application process over from scratch. That means more waiting, more paperwork, and more delays before you can receive the benefits you need. Mark your calendar, set reminders, and make filing your reconsideration a top priority.
Know Why You Were Denied
You can’t fix a problem if you don’t understand what went wrong. The denial letter from the SSA should explain the specific reasons why your claim was rejected. Read this letter carefully, multiple times if necessary.
Common reasons for denial include insufficient medical evidence, a determination that your condition isn’t severe enough to prevent work, or technical issues like not having enough work credits for SSDI. Once you understand the SSA’s reasoning, you can focus your reconsideration on directly addressing those concerns.
Gather Strong Medical Evidence
The foundation of any successful disability claim is solid medical evidence. This is even more important during a reconsideration because you need to overcome the initial denial.
Make sure you’re attending all scheduled medical appointments. Continue receiving treatment from your doctors and specialists. The SSA wants to see that you’re actively seeking medical care and following your treatment plan.
Your medical records should clearly document your diagnosis, the severity of your symptoms, how your condition affects your daily activities, and why you cannot perform work-related tasks. Don’t assume the SSA will connect the dots between your medical condition and your inability to work. The documentation needs to spell it out explicitly.
Submit Updated Medical Records
One of the most effective strategies for winning a reconsideration is providing new medical evidence that wasn’t part of your initial application. Medical records from the past 90 days are considered current and carry significant weight.
If your condition has worsened since you first applied, make sure this is documented. If you’ve undergone new tests, received a refined diagnosis, or started different treatments, include all of this information in your reconsideration.
Your doctors’ opinions matter tremendously. Ask your treating physicians to provide detailed statements about your functional limitations. A letter from your doctor explaining specifically why you cannot work can be powerful evidence in your favor.
Complete the Required Forms Accurately (Let us help you!)
Filing a reconsideration requires specific paperwork. You’ll need to complete Form SSA-561 (Request for Reconsideration), Form SSA-3441 (Disability Report – Appeal), and Form SSA-827 (Authorization to Disclose Information). These forms can be submitted online through the SSA website, by mail, or in person at your local Social Security office, if you insist on doing it yourself.
However, at The Keener Law Firm, we ensure all paperwork is completed accurately and submitted on time. Small errors or missing information can delay your appeal or even result in a denial, so attention to detail matters. That doesn’t happen when we prepare and file your paperwork.
Write a Compelling Appeal Letter
The reconsideration form provides only limited space to explain why you disagree with the SSA’s decision. That’s why drafting a separate appeal letter is so important.
Your appeal letter should clearly and honestly describe your medical condition, explain how it prevents you from performing your job duties and other types of work, and directly address the reasons given for the initial denial. Be specific about your symptoms, how they affect your daily life, and why you genuinely cannot work. You can include specific incidents in which you were unable to perform a task or an assignment because of your impairment. Real-life stories are powerful.
Consider Getting Professional Help
The reconsideration stage is your first opportunity to have an attorney or representative help with your appeal. While you can certainly file a reconsideration on your own, working with an experienced disability lawyer significantly improves your chances of success.
A knowledgeable attorney understands what evidence the SSA needs to see. They know how to obtain supporting documentation from your medical providers, how to present your case persuasively, and how to avoid common mistakes that lead to denials. The Keener Law Firm has spent years studying and working with the complexities of Social Security disability law, and we put that experience to work for every client.
Set Realistic Expectations
It’s important to understand that the reconsideration approval rate is low. Statistics show that over 90 percent of reconsiderations are denied. But don’t let this discourage you from filing! Many people who are denied at the reconsideration stage go on to win their cases at the hearing level before an Administrative Law Judge, where approval rates are much higher.
The reconsideration is still worth pursuing because it’s a required step in the appeals process. You must go through reconsideration before you can request a hearing. Plus, the evidence you gather and the arguments you develop during reconsideration will strengthen your case if you need to move forward to the next level.
Currently, the average reconsideration takes about six months from the time you file until you receive a decision. While you’re waiting, continue seeing your doctors, keep detailed records of your symptoms and limitations, and stay in communication with your attorney.
Don’t Give Up!
Facing a denial is discouraging, but persistence is absolutely essential in the disability benefits process. The vast majority of people who eventually receive benefits were initially denied. The difference between those who succeed and those who don’t often comes down to determination and having the right support.
The Keener Law Firm is committed to standing by your side through every stage of the appeals process. We don’t get paid unless you win your case, so we’re motivated to fight as hard as possible for the benefits you need and deserve. Our team treats every client with compassion and respect, and we’ll work tirelessly to build the strongest possible case for your reconsideration.
If you’ve received a denial letter and need help with your reconsideration appeal, don’t wait. Contact The Keener Law Firm today for a free consultation. Let us put our experience to work for you so you can focus on your health while we handle the legal fight. You’ve worked hard and paid into the system. Now it’s time to get the disability benefits you deserve.
SOURCES
- SSA’s Form SSA-3441: https://www.ssa.gov/forms/ssa-3441.html
- SOAR Works’ “The SSA Appeals Process”: https://soarworks.samhsa.gov/article/the-ssa-appeals-process-information-for-applicants-and-case-workers
- The Injury and Disability Law Center: https://www.idlawcenter.com/blog/tips-on-winning-an-ssdi-reconsideration-appeal.cfm