What reconsideration means and when you use it

Reconsideration is the first formal appeal step after Social Security denies your SSDI claim. It means asking Social Security to look at your case again, usually with new medical evidence or information they missed the first time. You do not get a hearing in front of a judge at this stage — instead, a different examiner at Social Security reviews your file from the beginning.

You have 60 days from the date on your denial letter to request reconsideration. This important date matters: if you miss it, you lose the right to appeal that particular decision without filing a new claim. The 60 days starts the day Social Security mails the letter, not the day you receive it.

Reconsideration works best when you have new medical records, test results, or doctor's statements that were not in your original file. If you are straightforward disagreeing with how Social Security weighed the evidence they already had, reconsideration is unlikely to change the outcome — but you still have to go through it before you can request a hearing.

Key Takeaways

  • You have 60 days from the date on your denial letter to request reconsideration, and missing this important date closes off your appeal rights for that decision.
  • Reconsideration works by sending your case to a different examiner who reviews everything again, usually with new medical evidence you provide.
  • You can request reconsideration by calling Social Security at 1-800-772-1213, mailing Form SSA-561, or visiting your local Social Security office in person.
  • New medical records, recent test results, and updated doctor's statements are the strongest reasons Social Security will reverse a denial at reconsideration.
  • If Social Security denies you again at reconsideration, you can then request a hearing before an administrative law judge.

How to file your reconsideration request

You have three ways to request reconsideration. The fastest is usually calling Social Security's main line at 1-800-772-1213 (TTY 1-800-325-0778). Tell them you want to request reconsideration of a denied SSDI claim. They will take your information over the phone and send you a confirmation letter. This takes about five minutes.

The second way is to fill out Form SSA-561, titled "Request for Reconsideration." You can read it from ssa.gov or pick it up at your local Social Security office. Mail the completed form to the address on your denial letter — each regional office has its own mailing address, so check the letter to make sure you send it to the right place. Keep a copy for your records.

The third way is to walk into your local Social Security office and ask to file for reconsideration in person. Bring your denial letter and any new medical records with you. An employee will help you fill out the paperwork on the spot. This guarantees you have a dated receipt, which can matter if there is ever a question about whether you filed on time.

What to include with your reconsideration request

When you request reconsideration, Social Security will automatically pull your original file. But you should send new medical evidence if you have it — this is what actually changes outcomes. New evidence means records dated after your original process or records that were not in your file the first time.

Examples of strong new evidence include recent test results (MRI, blood work, imaging), a letter from your current doctor describing your condition and how it limits your work, updated mental health treatment records, or a statement from a specialist who has examined you since you first applied. If your condition has gotten worse, records showing that progression matter more than records showing the same level of disability.

You do not have to hire a lawyer to send reconsideration materials, but if you do work with a representative, they can gather records from your doctors and hospitals on your behalf. Social Security will not chase down records for you — if a record exists but is not in your file, it is your job to get it and send it in.

Write a short cover letter explaining what new information you are sending and why it matters. For example: "I am requesting reconsideration and am enclosing recent MRI results from Dr. Chen dated March 2024, which show progression of my spinal stenosis. These results were not available when I first applied." Keep it factual and brief.

The timeline for reconsideration decisions

Social Security aims to make a reconsideration decision within 60 to 90 days, but this varies by region and how busy the office is. Some decisions come back in 45 days; others take four months. There is no way to speed this up, and calling to check on your case does not make it move faster.

You will receive a letter in the mail telling you whether Social Security approved or denied your reconsideration request. If they approve, the letter will explain what benefits you are may have access to to and when payments will start. If they deny you again, the letter will explain why and tell you that you have the right to request a hearing before an administrative law judge.

While you wait, keep paying your medical bills and keep seeing your doctors. Continuing treatment shows Social Security that your condition is ongoing and serious. Gaps in treatment — months where you did not see anyone — can hurt your case, even if you were straightforward unable to afford care.

What happens if reconsideration is denied

If Social Security denies your reconsideration request, you are not out of options. You can then request a hearing before an administrative law judge (ALJ), which is a different person who works for Social Security but is not part of the team that made the first two decisions. At a hearing, you can present evidence, answer questions, and have a lawyer or representative speak for you.

You have 60 days from the date on your reconsideration denial letter to request a hearing. The process for requesting a hearing is similar to reconsideration — you can call 1-800-772-1213, mail a form (SSA-501), or visit your local office in person. Many people find it helpful to work with a lawyer or representative at the hearing stage, since the hearing is more formal and the judge will ask detailed questions about your medical condition and work history.

Approval rates are higher at the hearing stage than at reconsideration, partly because you get to present your case in person and partly because by that point you have had months to gather more medical evidence. But there is no may provide, and some people are denied even at the hearing stage.

Working with a representative during reconsideration

You can hire a lawyer or non-lawyer representative to help with reconsideration, though many people handle it on their own if they have straightforward new medical evidence. A representative can gather records from your doctors, organize your file, write the cover letter, and make sure everything gets to Social Security on time.

If you hire someone before you win your case, they cannot charge you upfront. Social Security sets a fee cap — currently $6,000 or 25 percent of your back pay, whichever is less. The representative is paid only if you win, and only from your back pay. You do not pay out of pocket.

To hire a representative, you fill out Form SSA-1696, "Appointment of Representative." Both you and the representative sign it, and you send it to Social Security. After that, Social Security will mail all letters to your representative instead of to you, and your representative can call Social Security on your behalf.

Common reasons reconsideration is denied

The most common reason for reconsideration denial is that you did not send new medical evidence, or the new evidence does not show a severe enough condition. If your file already had recent medical records and the first examiner decided you were not disabled, a second examiner looking at the same records will usually reach the same conclusion.

Another common reason is that your medical records show you can still do some kind of work, even if not your old job. Social Security does not have to find a specific job opening for you — they just have to show that work exists in the national economy that someone with your age, education, and medical condition could do. If the records support that, reconsideration will be denied.

Gaps in treatment also hurt reconsideration decisions. If you did not see a doctor for six months, Social Security may assume your condition improved or that you did not think it was serious. Even if you stopped treatment because you could not afford it, the gap still appears in your file and works against you.

Frequently Asked Questions

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

You can ask Social Security to reopen your case if you have "good cause" for missing the important date — for example, you were hospitalized, you did not receive the denial letter, or you were working with a representative who failed to file on time. But good cause is hard to prove. If you missed the important date, call 1-800-772-1213 right away and explain why.

Do I have to request reconsideration, or can I go straight to a hearing?

You must request reconsideration first. Social Security will not let you skip to a hearing unless you can show good cause for not going through reconsideration. The only exception is if you are in a state that offers an alternative appeal process called "Disability Hearing Officer review," but most states do not offer this.

What if my doctor will not send records to Social Security?

Ask your doctor's office for copies of your medical records and send them yourself. You have a legal right to your own records. If the office charges a copying fee, it is usually $0.25 to $1 per page. You can also ask Social Security to request records on your behalf, but this takes longer and the doctor can still refuse.

Can I work while my reconsideration is pending?

Yes. Working does not hurt your reconsideration case as long as you are not earning over the substantial gainful activity limit, which is $1,550 per month in 2024 (this amount changes each year). If you earn more than that, Social Security may assume you are not disabled. Keep records of what you earn and report it honestly.

What if Social Security approves my reconsideration but the amount is wrong?

Call Social Security at 1-800-772-1213 and ask them to review the payment calculation. Errors happen — they might have used the wrong earnings record or miscalculated your benefit amount. Ask for a written explanation of how they calculated your benefit, and if you think it is wrong, ask for a recalculation in writing.