6 Tips to Win a Disability Reconsideration

Submitted by emm on Fri, 06/03/2022 - 13:55

With the Social Security Administration (SSA) denying a majority of disability claims, do applicants with denied disability claims have a second chance to make a positive first impression?

The answer is yes because applicants with denied disability claims can go through the appeals process established by the SSA. With the legal support of a Social Security disability attorney, you start the appeals process by filing a reconsideration appeal.

An SSDI reconsideration involves resubmitting your original claim for Social Security disability benefits.

Let’s review a few tips to win a disability reconsideration.

1. Understand Why You Were Denied

The approval rate for disability reconsiderations is not much higher than the approval rate for initial disability claims. Before you file an appeal for reconsideration, you must know why the SSA denied your claim the first time around. Knowing what prevented you from receiving financial assistance can help you build a more persuasive appeal for reconsideration.

If the SSA does not present the reasons for denying your claim, contact the nearest SSA field office to ask questions concerning your denied claim.

2. Meet the Deadline

After learning your initial claim did not meet the standards set by the SSA, you have 60 days to file an appeal for reconsideration.

If you fail to meet the 60-day deadline, you can expect the SSA to dismiss your claim. This means you have to start over by submitting another disability claim.

3. Submit an Appeals Letter

An appeals letter provides you with the opportunity to explain why you think the SSA made the wrong decision by denying your original claim.

Although you have just a few lines to describe why you are filing the appeal for reconsideration, you should attach a more thorough explanation and let the SSA know to “see attached page.”

4. Submit More Convincing Evidence

Although the appeal for reconsideration process is similar to the process when you filed the original disability claim, your appeal should include more convincing evidence the second time around.

Ask your physicians to submit a prognosis statement that describes whether you will make a full or partial recovery. Doctor statements have little impact when sent with an original claim, but they become more persuasive during the appeal for reconsideration process.

5. Complete an RFC Assessment

A Residual Functional Capacity (RFC) assessment represents a series of physical tests that determine your ability to work. For example, if you sustained a serious spinal cord injury, an RFC assessment might include tests that measure the strength of your back.

You should ask your physician to conduct an RFC assessment, although the SSA might require you to undergo an RFC assessment with one of the agency’s medical examiners.

6. Get Help with Your Appeal for Reconsideration

If you did not enlist the legal support of a Social Security disability attorney when you filed the original claim, you should consider hiring a lawyer before you file a disability reconsideration.

Your legal counsel can point out the weaknesses of your initial claim, such as a lack of medical evidence. Although you might receive approval of an appeal for reconsideration on your own, you stand a much better chance of getting the appeal approved by the SSA when you work with a disability lawyer.

Schedule a free case evaluation to start the appeal for reconsideration process.