A Reconsideration Is Your First Formal Appeal After Denial

When the Social Security Administration denies your SSDI claim, you have the right to ask them to look at it again. This second review is called a reconsideration. A different examiner will read your entire file from the start—your medical records, work history, the doctor's statements, everything—and make a new decision. You do not have to attend a hearing or speak to anyone in person. The whole process happens on paper.

A reconsideration is not the same as asking Social Security to fix a mistake on your existing claim. It is a formal appeal that restarts the review process. If you are denied again, you can then request a hearing before an administrative law judge, which is the next step up. But reconsideration comes first, and you must request it within 60 days of the date on your denial letter.

Key Takeaways

  • You have 60 days from your denial letter to request a reconsideration, and missing this important date closes this appeal path permanently.
  • A different examiner reviews your entire case from scratch, so you should submit any new medical evidence or records you did not include the first time.
  • The reconsideration process takes three to six months on average, though timelines vary by your local Social Security office.
  • If you are denied again, you can request a hearing before an administrative law judge within 60 days of the second denial.
  • You can represent yourself during reconsideration, but many people hire a lawyer or non-lawyer representative to help gather evidence and write the appeal letter.

How to Request a Reconsideration Within the 60-Day Window

Your denial letter includes a date at the top. Count 60 days from that date. You must request reconsideration before day 61 ends, or you lose the right to this appeal and must jump straight to requesting a hearing instead.

To request reconsideration, fill out Form SSA-561 (Request for Reconsideration). You can get this form from your local Social Security office, by calling 1-800-772-1213, or by downloading it from ssa.gov. Mail the completed form to the address listed on your denial letter, or bring it in person to your local office. Keep a copy for your records and note the date you mailed it.

Some people write a cover letter along with the form to explain why they believe the first decision was wrong. This is optional but useful if you have new information to share. The cover letter should be brief—one or two paragraphs—and should point out specific errors in the first decision or mention new medical evidence you are including.

What a Different Examiner Will Review

When your case goes to reconsideration, a new examiner assigned to your case will read everything in your file. This includes your original process, all medical records Social Security collected, any statements from your doctors, your work history, and any letters or documents you submitted with your first claim. The examiner will also look at any new evidence you submit with your reconsideration request.

The examiner uses the same five-step process Social Security uses to decide all disability claims. They check whether you worked enough to be insured, whether your condition is severe enough to prevent substantial work, whether your condition matches a condition on Social Security's list of disabling impairments, whether you can do your past work, and whether you can do any other work. A different examiner sometimes sees the evidence differently, which is why reconsideration can result in approval even when the first decision was denial.

Submitting New Medical Evidence During Reconsideration

This is your chance to fill gaps in your medical record. If your first claim was denied because Social Security said they did not have enough medical evidence, or because the evidence did not show your condition was severe, submit new records now. Contact your doctors and ask them to send recent test results, imaging reports, treatment notes, or updated statements about how your condition affects your ability to work.

New evidence should be dated after your original process or should fill in gaps from before that date. For example, if you had surgery or started a new treatment after you first applied, include those records. If you saw a specialist who wrote a detailed report about your limitations, include that too. Mail copies (not originals) to the address on your denial letter, and include a cover letter that lists what you are sending and explains why each piece of evidence matters to your case.

Do not submit evidence that is identical to what you already sent. Social Security already has that in your file. Focus on records that are new, more detailed, or that address the specific reasons given in your denial letter.

The Timeline From Request to Decision

After you submit your reconsideration request, Social Security will send you a notice confirming they received it. This usually arrives within two weeks. The notice will include a case number for your appeal.

The actual review takes time. Most reconsiderations are decided within three to six months, though some take longer depending on how busy your local office is and how complex your medical records are. If your case involves a condition that requires a medical informed's opinion—such as a rare disease or a complex psychiatric condition—the examiner may send your file to a doctor called a medical consultant for review. This adds time but also adds a medical professional's assessment to your file.

You will receive your reconsideration decision by mail. The letter will explain whether you were approved or denied. If approved, it will state your benefit amount and when payments begin. If denied, it will explain the reasons and tell you how to request a hearing before an administrative law judge.

What Happens If You Are Denied Again

If reconsideration results in another denial, you have 60 days from the date of that second denial letter to request a hearing. At a hearing, you can present evidence in person, answer questions from an administrative law judge, and have a representative speak on your behalf if you choose. Hearings have a higher approval rate than reconsideration, partly because the judge can ask you directly about your condition and how it affects your daily life.

You do not have to wait for the reconsideration decision to prepare for a possible hearing. If you think reconsideration may be denied, you can start gathering evidence and considering whether to hire a representative now. Many people find that having a lawyer or non-lawyer representative helps at the hearing stage, because the representative knows how to present medical evidence and how judges typically evaluate disability claims.

Whether to Hire a Representative for Reconsideration

You can handle reconsideration yourself. Many people do. You fill out the form, gather your medical records, and mail everything in. If your case is straightforward and you have good medical evidence, you may not need help.

However, some people hire a representative—either a lawyer or a non-lawyer advocate certified by Social Security—to help with reconsideration. A representative can review your denial letter, identify the specific reasons you were denied, gather medical evidence that addresses those reasons, and write a cover letter explaining why the first decision was wrong. Representatives are paid only if you win, and their fee is capped by Social Security at 25 percent of your back pay (the money owed from the date you became disabled to the date you are approved).

If you decide to hire a representative, do it early. They can help you gather evidence and submit everything together, which is more organized than submitting documents in pieces. You can find representatives through your local Social Security office, through disability advocacy organizations, or by searching the Social Security website for representatives in your area.

Frequently Asked Questions

What if I miss the 60-day important date to request reconsideration?

If you miss the important date, you cannot request reconsideration. However, you can still request a hearing before an administrative law judge. You have 60 days from your denial letter to request a hearing instead. After that window closes, you would need to file a new process, which starts the process over from the beginning.

Can I work while my reconsideration is being reviewed?

Yes. Working does not affect your reconsideration. However, if you earn more than the monthly limit set by Social Security (called substantial gainful activity), it may affect whether you are approved. Report any work you do to Social Security, and be honest about your earnings on any forms they send you.

Do I have to go to an office or talk to someone during reconsideration?

No. Reconsideration happens entirely on paper. You do not attend a hearing or speak to the examiner. You submit your form and evidence by mail, and you receive your decision by mail. If you are approved at reconsideration, you still do not need to meet with anyone in person.

What if the examiner asks for more information during reconsideration?

Social Security may send you a letter asking for additional medical records, work history details, or other information. Respond within the important date they give you—usually 10 days. Send the requested information to the address they provide. If you cannot get the information in time, call the number on the letter and ask for an extension.

How much does it cost to request a reconsideration?

There is no fee to request reconsideration. It is free. If you hire a representative, they are paid from your back pay only if you win, and the fee is capped at 25 percent of that amount.