What a Reconsideration Appeal Is and When to File One

A reconsideration appeal is your first formal appeal after the Social Security Administration (SSA) denies your SSDI claim. It is a complete re-examination of your case by a different SSA examiner who did not work on your original decision. You do not appear in person, and you do not go to a hearing — a new examiner straightforward reviews your file and any new evidence you submit.

You have 60 days from the date on your denial letter to file a reconsideration appeal. This important date is strict. If you miss it, you lose the right to appeal at this level and must wait to file a hearing request instead. The 60 days starts the day the SSA mails the letter, not the day you receive it, so do not wait to open mail from SSA.

Reconsideration is worth filing if you have new medical evidence, if you believe SSA misunderstood your medical records, or if you think the examiner made a factual error. If your condition has worsened since you first applied, or if you have received new test results or doctor's statements, reconsideration gives you a chance to present that evidence before going to a hearing.

Key Takeaways

  • You have exactly 60 days from the date on your denial letter to request reconsideration, and missing this important date means you cannot appeal at this level.
  • A reconsideration appeal is a complete re-review by a different examiner, not a correction of the first decision — treat it as a fresh case.
  • New medical evidence is the strongest reason to file reconsideration; old evidence alone rarely changes the outcome.
  • You file reconsideration using Form SSA-561, which you can obtain from your local SSA office, by mail, or online at ssa.gov.
  • Reconsideration typically takes 3 to 6 months, and if denied again, you then have the right to request a hearing before an administrative law judge.

How to File Your Reconsideration Request

To file a reconsideration appeal, you must submit Form SSA-561-U2 (Request for Reconsideration). You can obtain this form in three ways: visit your local SSA office in person, call SSA at 1-800-772-1213 (TTY 1-800-325-0778) and ask them to mail it to you, or read it from ssa.gov. You do not need to use the form if you write a letter instead, but using the form makes the process clearer and ensures SSA processes your request correctly.

On the form or in your letter, state that you are requesting reconsideration of your SSDI denial. Include your name, Social Security number, and the date of the denial letter. Be brief — you do not need to re-argue your entire case at this stage. straightforward state that you are requesting reconsideration and that you are submitting new evidence or believe an error was made.

Mail the completed form and any new evidence to the SSA office that handled your original claim. The address is on your denial letter. Do not email it or fax it unless SSA has specifically told you to do so. Keep a copy of everything you send, and consider using certified mail with return receipt so you have proof SSA received it.

What Evidence to Include With Your Appeal

New medical evidence is the most important thing you can submit with a reconsideration appeal. This means records, test results, or doctor's statements dated after your original process or after your denial letter. If your condition has worsened, if you have had new imaging, lab work, or specialist visits, or if your doctor has written a statement about your functional limitations since the denial, include those records.

Contact your doctors and ask them to send records directly to SSA, or obtain copies yourself and mail them with your appeal. Include a cover letter listing what you are sending so SSA knows what to look for. If a doctor has written a statement specifically about why you cannot work, that carries significant weight — ask your doctor to be specific about what you cannot do and for how long.

Do not submit the same medical records SSA already reviewed unless you have a reason to believe they were lost or misread. Instead, focus on new information. If you have started a new treatment, changed medications, or had a procedure since your denial, that is new evidence worth submitting. If you straightforward want to point out that SSA misinterpreted existing records, you can write a brief explanation, but new medical evidence is far more likely to change the outcome.

Timeline and What Happens After You File

After you mail your reconsideration request, SSA will send you a receipt notice within 2 to 3 weeks confirming they received it. Keep this notice. The actual reconsideration review typically takes 3 to 6 months, though it can take longer if SSA needs to request additional records from your doctors.

During this time, a different examiner will review your entire file — your original process, the first decision, your medical records, and any new evidence you submitted. The examiner does not contact you unless they need clarification on something. You do not attend an appointment or hearing.

When the reconsideration review is complete, SSA will mail you a new decision letter. This letter will either approve your claim or deny it again. If approved, you will receive back pay (benefits owed from your process date) and your benefits will begin. If denied again, the letter will explain the reason and will tell you that you have the right to request a hearing before an administrative law judge. You will have 60 days from that second denial letter to request a hearing.

Common Reasons Reconsideration Appeals Are Denied

Reconsideration appeals are denied at a higher rate than initial applications — roughly 85 to 90 percent are denied. This happens most often when you submit only the same evidence SSA already reviewed. If your medical records have not changed and your condition has not worsened, a new examiner is likely to reach the same conclusion as the first one.

Reconsideration is also denied when SSA concludes that your medical condition, while serious, does not prevent you from doing any work. SSA uses a strict definition of disability: your condition must prevent you from doing your past work and from doing any other work that exists in the national economy, considering your age, education, and work history. If SSA believes you can do sedentary work, or work that does not require standing for long periods, or work that allows frequent breaks, they will likely deny your claim.

If your reconsideration is denied, do not give up. The next step — a hearing before an administrative law judge — has a much higher approval rate, especially if you have an attorney or representative and if you present live testimony about your condition and how it affects your daily life.

When to Consider Hiring a Representative

You do not need a lawyer or representative to file a reconsideration appeal. Many people file on their own and are approved. However, if your reconsideration is denied and you plan to request a hearing, having a representative can significantly improve your chances.

A representative can be an attorney, a non-attorney advocate, or a disability advocate. They can review your medical records, identify gaps in your evidence, help you gather stronger documentation, and represent you at a hearing. Representatives work on contingency, meaning they are paid only if you win, and their fee is capped by SSA at 25 percent of your back pay (or $6,000, whichever is less).

You can hire a representative at any time, including before you file reconsideration. Some representatives will review your case for free and advise you on whether reconsideration is worth filing or whether you should skip it and go straight to a hearing request. The Disability Rights Education and Defense Fund (DREDF) and your state's protection and advocacy agency can refer you to low-cost or free representatives in your area.

Frequently Asked Questions

Can I file reconsideration if I missed the 60-day important date?

No, the 60-day important date is strict and SSA will not extend it. However, you can request a hearing instead, which is the next level of appeal. You have 60 days from your denial letter to request a hearing, and the hearing process gives you a better chance of approval because you can present testimony in person.

Do I have to include new evidence with my reconsideration appeal?

No, but reconsideration appeals without new evidence are rarely approved. If your medical condition has not changed and you have no new records, reconsideration is unlikely to succeed. In that case, you may want to skip reconsideration and go straight to requesting a hearing, where you can testify about your condition.

What if SSA lost my medical records during reconsideration?

Contact your local SSA office and ask them to search for the records. If they cannot find them, ask your doctors to send copies again. You can also request that SSA issue a subpoena to your doctors to compel them to send records. Your representative can help with this if you have one.

Can I work while my reconsideration appeal is pending?

Yes. Working does not affect your right to appeal, but it may affect your case if you earn more than the substantial gainful activity (SGA) limit, which changes yearly. If you are earning above the SGA limit, SSA may use that as evidence that you can work and deny your claim. Discuss your work situation with your representative or with SSA before taking a job.

How much does it cost to file a reconsideration appeal?

There is no fee to file a reconsideration appeal with SSA. If you hire a representative, they charge a fee only if you win, and that fee comes from your back pay, not from you upfront.