SSDI Reconsideration Is the First Level of Appeal After Denial

Reconsideration is the first formal appeal step if the Social Security Administration (SSA) denies your SSDI claim. When you request reconsideration, a different examiner at SSA reviews your entire case from the beginning — your medical records, work history, and the reason for the original denial. This examiner has not seen your file before and makes a fresh decision based on all the evidence you submit.

You have 60 days from the date on your denial letter to request reconsideration. If you miss that important date, you can still appeal, but you will need to explain the delay in writing. SSA counts the 60 days from the date the letter was mailed, not the date you received it, so act quickly once you have the letter in hand.

Reconsideration is free and does not require a lawyer, though you can have one represent you at this stage. Many people handle reconsideration on their own by gathering new medical evidence and writing a clear explanation of why they believe the denial was wrong.

Key Takeaways

  • You have 60 days from your denial letter to request reconsideration, and this important date is firm unless you can show good cause for missing it.
  • A different examiner reviews your case from scratch, so new or updated medical evidence often makes the difference between denial and approval.
  • Reconsideration takes three to five months on average, though timelines vary by your local SSA office.
  • If reconsideration is denied, you can move to the next appeal level — a hearing before an Administrative Law Judge — within 60 days of that second denial.

How to Request Reconsideration

You request reconsideration by filing Form SSA-561-U2 (Request for Reconsideration) with your local SSA office. You can mail it, bring it in person, or file it online through your my Social Security account if you have one set up. The form is straightforward — it asks for your name, Social Security number, and the date of your original process.

You do not have to use the official form. You can also write a letter stating that you want to appeal the denial and that you are requesting reconsideration. Include your name, Social Security number, and the date of the denial letter. Mail or deliver this letter to the same SSA office that sent your denial.

When you submit your request, include any new medical evidence you have gathered since the original denial. This might be recent test results, a new doctor's statement, updated treatment records, or a detailed letter from your treating physician explaining why your condition prevents work. The more specific the medical evidence, the stronger your case.

What Happens During the Reconsideration Review

After you submit your request, SSA sends your file to a different examiner — not the person who made the original decision. This examiner reads your entire case file, including your medical records, work history, and the reason SSA gave for the denial. They also review any new evidence you submitted with your reconsideration request.

The examiner may order a new medical exam or ask your doctors for updated information. If SSA orders an exam, they will send you a notice with the date, time, and location. You must attend this exam. If you cannot make it, contact SSA when ready to reschedule — missing an exam without a valid reason can result in denial.

You will not have a hearing or speak to anyone during reconsideration. The decision is made on paper, based on the written record. This is different from the next appeal level, where you can speak to a judge in person or by phone.

Timeline and What to Expect

Reconsideration typically takes three to five months from the date you submit your request. Some cases move faster; others take longer depending on how busy your local SSA office is and how much medical evidence needs to be reviewed. You can call SSA at 1-800-772-1213 to ask about the status of your reconsideration, though they may not have an update every time you call.

SSA will mail you a decision letter when reconsideration is complete. The letter explains whether you were approved or denied. If approved, it includes information about when your benefits will start and how much you will receive. If denied again, the letter explains the reason and tells you how to appeal further.

Keep copies of everything you submit — your reconsideration request, medical records, letters from doctors, and any correspondence with SSA. These documents will be important if you move to the next appeal level.

When Reconsideration Is Denied and What Comes Next

If reconsideration is denied, you have the right to request a hearing before an Administrative Law Judge (ALJ). This is the second level of appeal. You have 60 days from the date on your reconsideration denial letter to request a hearing. At a hearing, you can present evidence, answer questions from the judge, and have a witness testify on your behalf if you choose.

Many people find that a hearing gives them a better chance at approval because they can explain their condition in person and respond to questions. A lawyer or representative can help you prepare for the hearing and present your case, though this is still optional.

If you do not request a hearing within 60 days, you can still appeal, but you will need to explain why you missed the important date. It is better to request the hearing on time.

Reasons Reconsideration Is Denied

Reconsideration is denied for the same reasons the original claim was denied. The most common reason is that SSA believes your medical condition does not meet the severity threshold in their rules. SSA has a list of conditions that automatically may have access to for SSDI if your medical records match certain criteria — these are called the Blue Book listings. If your condition does not match a listing, SSA must decide whether your condition is severe enough to prevent any work.

Another common reason for denial is that SSA believes you can still work, even with your condition. This might mean they think you can do your past work, or they think you can do other work that exists in the national economy. If this was the reason for your original denial, submit new medical evidence showing why you cannot work — for example, a letter from your doctor stating specific functional limitations.

Sometimes reconsideration is denied because SSA did not have enough medical evidence the first time. If this happened to you, gather more records from your doctors and hospitals before requesting reconsideration. The more complete your medical file, the better your chances.

Should You Hire a Representative for Reconsideration

You do not need a lawyer or representative to request reconsideration. Many people handle it themselves by gathering medical evidence and submitting a clear request. However, a representative — whether a lawyer, non-lawyer advocate, or someone from a disability rights organization — can help you organize your evidence and write a stronger appeal letter.

If you hire a representative, they charge a fee only if you win your case. The fee is set by SSA and is currently 25 percent of your back pay (the money owed to you from the date you became disabled), up to a maximum of $7,200. This amount changes each year. You do not pay anything upfront.

Many local disability rights organizations offer free help with reconsideration. You can find these organizations through your state's Protection and Advocacy agency or by calling 211 and asking for disability services in your area.

Frequently Asked Questions

Can I work while my reconsideration is pending?

Yes. Working does not affect your reconsideration decision. However, if you earn more than the monthly limit set by SSA (currently $1,550 for non-blind individuals in 2024, though this amount changes yearly), SSA may consider you not disabled. Report any work and earnings to SSA when you submit your reconsideration request so they have the full picture.

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

You can still appeal, but you must file a written explanation of why you missed the important date. SSA calls this "good cause." Valid reasons include illness, lack of understanding of the important date, or not receiving the denial letter. Submit your late reconsideration request with your explanation to your local SSA office.

Do I have to go to a medical exam during reconsideration?

Only if SSA orders one. If they do, you must attend. If you cannot make the appointment, call SSA when ready to reschedule. Missing an exam without contacting SSA beforehand can result in denial of your reconsideration.

How much new medical evidence do I need to submit?

Submit whatever medical records you have from the time after your original process was denied. This might include recent doctor visits, test results, hospital records, or a detailed letter from your treating physician. More evidence is generally better, but quality matters more than quantity — a focused letter from your doctor explaining your functional limitations is often more useful than a stack of routine visit notes.

What happens if reconsideration approves my claim?

SSA will send you an approval letter with your benefit amount and the date your benefits start. You will receive back pay — money owed from the date you became disabled or the date you applied, whichever is later. If you hired a representative, their fee comes out of your back pay.