What Reconsideration with New Evidence Means

Reconsideration is the first level of appeal after the Social Security Administration (SSA) denies your SSDI claim. When you file for reconsideration, a different SSA examiner reviews your case from the beginning. If you have new medical records, test results, or other documents that were not in your original file, you can submit them as part of that reconsideration request. The new evidence does not have to prove you are disabled on its own — it just has to be relevant to whether you meet the SSA's definition of disability.

The key difference between a regular reconsideration and one with new evidence is timing and what happens next. If you lose reconsideration without new evidence, you move directly to a hearing before an administrative law judge (ALJ). If you lose reconsideration with new evidence, you can ask for a second reconsideration — called reconsideration after new evidence — before going to a hearing. This gives you an extra chance to present information SSA did not see the first time.

Key Takeaways

  • New evidence must be medical records, test results, or other documents created after your original process or that existed but were not submitted the first time.
  • You must request reconsideration within 60 days of the denial notice, and you can include new evidence in that same request.
  • If reconsideration is denied, you can request a second reconsideration based on new evidence before asking for a hearing in front of a judge.
  • The SSA will not automatically look for new evidence — you have to find it, gather it, and send it in yourself.
  • New evidence is most useful when it comes from a treating doctor or specialist and directly addresses the SSA's stated reason for denial.

What Counts as New Evidence

New evidence is any medical document, test result, or other record that was not in your file when SSA made the original decision. This includes records created after you applied, records that existed but you did not submit the first time, and records from a new doctor or specialist you saw after the denial.

Common examples are updated imaging (X-rays, MRI, CT scans), lab work, hospital discharge summaries, therapy notes, medication lists from your current doctor, and letters from treating physicians describing your limitations. A letter from your doctor saying "this patient cannot work" is less useful than a letter that says "this patient has these specific functional limitations: cannot stand more than 30 minutes, cannot lift more than 10 pounds, needs frequent breaks." The SSA wants to see what you cannot do, not just a conclusion about disability.

Records that do not count as new evidence include documents already in your original file, letters you write yourself, statements from family members, or records that have nothing to do with your claimed condition. If you were denied for depression and you submit new records about your knee pain, SSA will note them but they will not help your case unless depression and knee pain are connected.

How to Request Reconsideration with New Evidence

You have 60 days from the date on your denial notice to request reconsideration. You do not need to wait until you have new evidence — you can request reconsideration right away and submit new evidence as soon as you have it, as long as you stay within the 60-day window. If you miss the 60-day important date, you can still request reconsideration, but you will need to explain in writing why the delay happened. SSA may or may not grant the late request.

To request reconsideration, you can use Form SSA-561 (Request for Reconsideration), which you can get from your local SSA office, by phone at 1-800-772-1213, or online at ssa.gov. You can also write a letter to your local SSA office stating that you want to appeal the denial and that you have new evidence. Include your name, Social Security number, and the date of the denial notice.

Attach copies of all new evidence to your request. Do not send originals — keep those for yourself. Write a brief note explaining what each document is and why it matters to your case. For example: "Attached is my MRI from January 2024 showing two herniated discs, which was not available when I first applied." Mail everything to your local SSA office or bring it in person. Ask for a receipt showing what you submitted and the date.

What Happens During Reconsideration Review

After you submit your reconsideration request, SSA will send you a notice saying they received it. Processing usually takes 2 to 4 months, though it can be longer depending on how busy your local office is. A different examiner will review your entire file — the original process, medical records, and all new evidence you submitted.

The examiner will look at whether your condition meets or equals one of the SSA's Listing of Impairments (a set of medical conditions that automatically may have access to for disability) or whether your condition is severe enough that you cannot do any work. They will consider your age, education, and work history. They will not contact your doctors or do any investigation on their own — they work only with what is in the file.

You will receive a written decision. If reconsideration is approved, you will get a notice explaining the decision and information about when benefits start. If it is denied, the notice will explain why and tell you that you can request a hearing before an administrative law judge.

When to Request a Second Reconsideration

If your first reconsideration is denied and you have additional new evidence that was not available during the first reconsideration, you can request a second reconsideration. This is sometimes called reconsideration after new evidence. You have 60 days from the date of the first reconsideration denial to request it.

The second reconsideration must be based on evidence that is truly new — created after the first reconsideration decision or that you could not reasonably have obtained before then. If you are submitting the same records you already sent, SSA will deny the request without reviewing it again. You need something different: a new doctor's report, updated imaging, recent hospitalization records, or other documents that show a change in your condition or provide additional information about your limitations.

Use the same process: Form SSA-561 or a letter requesting second reconsideration, with copies of the new evidence attached. Mail it to your local SSA office within 60 days of the first reconsideration denial notice.

Gathering Medical Evidence Before You Request Reconsideration

The strongest reconsideration cases include recent medical records from a treating doctor — someone who has examined you and knows your condition. Before you request reconsideration, contact your doctor's office and ask for copies of all records from the past year or two. Explain that you are appealing a disability denial and need documentation of your condition and limitations.

If you do not have a treating doctor, consider scheduling an appointment with one before requesting reconsideration. A single visit with a physician who can document your symptoms and functional limitations is often more persuasive than older records. If cost is a barrier, look for community health centers, which charge on a sliding fee scale based on income.

Write down the SSA's stated reason for denial — it will be in the denial notice. If they said your condition is not severe enough, or that you can still do your past work, gather evidence that directly addresses that. If they said you have no medical evidence of your condition, get records from a doctor. If they said your condition is not expected to last 12 months, get a letter from your doctor stating how long they expect it to last.

Moving to a Hearing if Reconsideration Fails

If your second reconsideration is denied (or if you only request one reconsideration and it is denied), you can request a hearing before an administrative law judge. You have 60 days from the date of the reconsideration denial to request the hearing. At a hearing, you can present evidence, testify, and have a representative (lawyer or non-lawyer advocate) speak on your behalf. A judge will make a new decision based on all the evidence in your file.

Many people win at the hearing level even after losing reconsideration twice. The hearing is a more thorough process — the judge can ask you questions, your representative can argue your case, and you can present new evidence. If you lost reconsideration, do not assume your case is hopeless. Consider finding a disability representative who works on contingency (they are paid only if you win) to help you prepare for the hearing.

Frequently Asked Questions

Can I submit new evidence after I request reconsideration?

Yes. You can request reconsideration first and then send new evidence as it becomes available, as long as everything arrives before the examiner makes a decision. Once a decision is issued, you cannot add evidence to that reconsideration. If you have more evidence after the decision, you can request a second reconsideration or include it at the hearing stage.

What if my doctor will not write a letter supporting my disability claim?

You cannot force a doctor to write a letter they do not believe is accurate. If your current doctor will not support your claim, consider getting a second opinion from another specialist. You can also submit the medical records your doctor has created — test results, visit notes, and treatment plans — even without a letter. The records themselves can be powerful evidence.

How long does reconsideration take?

Most reconsiderations are decided within 2 to 4 months, but processing times vary by region and how busy your local SSA office is. You can call your local office to ask about the status of your case. Do not expect a decision within days or weeks.

Do I need a lawyer to request reconsideration with new evidence?

No. You can request reconsideration on your own. However, a disability representative or lawyer can help you gather evidence, explain why it matters, and present your case clearly. Many representatives work on contingency and charge only if you win. If you are denied at reconsideration, having representation at the hearing stage significantly increases your chances of approval.

What if the new evidence shows my condition got worse after I applied?

That is helpful. SSA looks at your condition as of the date you applied, but they also consider how your condition has changed since then. If new records show your condition has worsened or that treatment has not helped, include those records in your reconsideration request and explain in your cover letter that your condition has progressed.