If your Application for Social Security disability benefits was denied for medical reasons, the next step in the process is to file a type of appeal called a “Request for Reconsideration.”
A common mistake in the disability application process is failing to file a Request for Reconsideration. Nearly two-thirds of Social Security disability applications are denied. However, many more applicants are ultimately granted benefits at later levels of appeal. Therefore, appealing an application denial is an important and common step in the process to getting approved for Social Security disability benefits.
When to File the Request for Reconsideration
The Request for Reconsideration must be filed within 60 days from the date you receive your application denial. A late appeal may be filed where the applicant provides a “good cause” reason for missing the 60-day deadline. Failing to follow these deadlines can result in losing appeal rights and having to refile an application.
Even though you have 60 days to appeal an application denial, where possible, it is best to file the Request for Reconsideration as soon as possible. We often file the Request for Reconsideration for our clients within weeks, or even days, from the application denial. By waiting to file a Request for Reconsideration, you will add to time to an already lengthy process.
How to File a Request for Reconsideration
A Request for Reconsideration can be filed electronically or through your local Social Security Administration (“SSA”) office. To file an effective Request for Reconsideration, you will need to provide certain updated treatment information and other updates. It is important to understand what information should be provided on the Request for Reconsideration. For example, if SSA denied your application before receiving important medical records or forms, it is important to fix this issue at the Request for Reconsideration stage.
If you have any attorney, your attorney will file the Request for Reconsideration for you. If you do not have an attorney when you receive your application denial, call an attorney right away so that your attorney can review your case and prepare your appeal prior to the 60-day filing deadline.
What Happens After a Request for Reconsideration is Filed?
After the Request for Reconsideration is filed, SSA may request updated medical records, send you additional forms, or schedule an examination for you to attend. You may submit medical records and other documentation to SSA. Your claim will also be reviewed by someone who did not take part in your application denial.
Once a decision is made on the Request for Reconsideration, SSA will mail its decision. If your Request for Reconsideration is granted, you will receive a Notice of Award. If your Request for Reconsideration is denied, your case is not yet over. If denied, your next step will be to request a hearing before an Administrative Law Judge.
An attorney who is familiar with Social Security disability claims can help you through every step of the application and appeal process. The Social Security disability process can be time-consuming and complicated, and having an experienced attorney can help. If you have recently received an application denial letter or have other Social Security application or appeals questions, please contact us to schedule a free consultation with one of our experienced attorneys.
Kelly Correnty, Esq.
WARNING: THIS IS A GENERAL DISCUSSION OF LAW AND IS NOT INTENDED TO BE LEGAL ADVICE. FOR ANY LEGAL QUESTIONS PLEASE CONTACT OUR OFFICE AND SPEAK TO AN ATTORNEY. IF YOU ARE SEEKING TO MODIFY A CUSTODY ORDER OR PARENTING TIME, CONTACT US.