Wednesday, August 18, 2010



Is A Social Security Disability Reconsideration Usually Denied?

Social Security disability win ratios are not high at any level of the disability process other than the Administrative Law Judge Hearing. Only an average of thirty-five individuals out of every one hundred individuals who file initial disability claims are approved for disability benefits. Which means that sixty-five of those individuals will have to decide whether or not to begin the Social Security disability appeal process.

Should they decide to file a reconsideration appeal, they have sixty days to appeal their disability denial with an additional five days for mailing (from the date of their denial letter). Individuals can file their reconsideration appeal online or through the paper process. Social Security offers an online appeal process for reconsideration appeals and administrative law judge hearing requests.

Individuals who file online appeals should make sure that they complete their disability report form and return any other requested forms. The same goes for individuals using the paper process. All individuals who file appeals must complete the SSA 3441 disability report form, so that Social Security can gather any new medical information.

Once an individual files their reconsideration appeal, it will be sent to the same state disability agency as before for a reconsideration of the initial disability decision.

As you might guess, many reconsideration appeals are denied. This should be no surprise, because the same rules and guidelines apply to the reconsideration appeal as to the initial disability claim. And the same state disability agency is making the medical determination. The only difference is that a different disability examiner will make the reconsideration appeal decision.

Very few disability applicants win their disability benefits at the reconsideration appeal. So few, in fact, that reconsideration appeals have the lowest win ratio in the entire disability process, other than Appeals Council reviews. The win ratio for reconsideration appeals is only about ten to fifteen percent.

For practicality's sake, it would simply be better to consider the reconsideration appeal as just a necessary step to get to the most favorable level of the disability process, the Administrative Law Judge Hearing. About two thirds of all individuals who attend a disability hearing are approved for disability benefits.




Return to the Social Security Disability SSI Benefits Blog




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