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Have you received an unfavorable decision from the SSA and need to appeal? The Request for Reconsideration is your next step in the Social Security Disability claim process. Understanding the ins and outs of this process is crucial to increasing your chances of a successful outcome. Let’s dive into the specifics to guide you through this critical phase.
The Reconsideration Process
What Is Reconsideration?
In most states, reconsideration is the required first step in the appeal process when you are unhappy with the initial decision. It involves a thorough reexamination of all evidence on record. The person reviewing the case will make the reconsideration determination based on all this evidence. They must have had no involvement in the initial determination.
Who May Request a Reconsideration?
A claimant to any initial decision who can show in writing that their benefit rights were incorrectly decided in the initial determination may request a reconsideration. The claimant, an authorized appointed representative (such as an attorney), or a representative payee can request an appeal on behalf of the claimant.
Do I Have To Go Through Reconsideration?
Most states in the United States have the reconsideration stage as part of the application process. In the majority of states, you do have to go through reconsideration. There are a few states, however, where you do not have to go through reconsideration. You go right from the initial application to a hearing before a judge.
What Constitutes a Request For Reconsideration?
Any writing or timely submission of additional evidence by the claimant, their representative payee, or their authorized representative after receipt of a notice of initial determination which indicates disagreement with the initial determination constitutes a request for reconsideration. A request for reconsideration can be expressed or implied, but it must be in writing or submitted online.
The field office must receive a written appeal request. Receiving any documentation, including a letter, facsimile, or submission of additional evidence that indicates or implies the claimant’s disagreement with the initial determination, could constitute an appeal.
NOTE: The SSA will accept faxed appeal requests.
What Is Not a Request For Reconsideration?
An oral inquiry, such as a phone call to the Social Security Field Office or a request for forms, is not a valid request for reconsideration and does not protect a request for appeal. A mere request for information or an explanation of SSA’s determination is not a proper Request for Reconsideration.
When to Request Reconsideration
Remember that you only have 60 days to appeal the denial of your Social Security Disability claim. You must file your Request for Reconsideration within this timeframe. The 60 days start the day after the individual receives the notice of the determination or decision. The date that the individual receives the notice is presumed to be five days after the notice unless the individual can show us that they did not receive it within five days. [Exception: The five days for mailing does not apply when the notice is handed to the claimant.]
When the period for requesting the next appellate step ends on a Saturday, Sunday, legal holiday, or any other day (all or part of which is a nonwork day for Federal employees by statute or Executive Order), the period is extended to include the next entire workday. Suppose an appeal is mailed to Social Security, and using the date it received the appeal would result in losing or lessening the claimant’s rights. In that case, Social Security will accept the cancellation of the U.S. Postal Service stamp or “postmark” date on the envelope in which it is mailed. If the postmark is unreadable or there is no postmark, Social Security considers the appeal to be filed timely if it receives the appeal by the 70th day after the date on the notice of the determination or decision being appealed.
NOTE: A claimant has 30 days to file exceptions with the Administrative Law Judge’s final decision after court remand.
How to Appeal a Social Security Disability Denial
You can appeal online or by submitting form SSA-561-U2 (Request for Reconsideration) directly to the SSA or informally by letter or any other written request. You must file documents or other evidence which clearly indicates a disagreement with the initial denial.
RELATED POST: What To Do If Your Social Security Disability Claim Is Denied
Where to Submit a Request For Reconsideration
Any SSA office, the Veterans Administration Regional Office in the Philippines, or any Railroad Retirement Board office if the claimant has performed service in the railroad industry.
Reconsideration On the SSA’s Own Motion
Social Security will not reconsider a determination on its motion. However, without a request from the claimant, Social Security may correct an error in an initial determination in a case under the rules of administrative finality.
Notice of Reconsideration Determination
The Notice of Reconsideration notifies the claimant of the basis of the determination and informs them of their right to a hearing.
Dismissal of a request for reconsideration is the rejection or refusal to accept the request. The effect of a dismissal is to make Social Security’s initial decision final.
NOTE: A dismissal is not subject to appeal.
Your Right to An Attorney
You can hire an attorney anytime in the Social Security Disability claim process. The Ortiz Law Firm offers free case evaluations. Call (888) 321-8131 today for your free case evaluation.
