Reconsideration of a Social Security Appeal

Disability Appeals Process

Those applying for Social Security disability or Supplemental Income benefits must prove that a disabling condition prevents them from performing any type of substantial work activity. Disability reviewers base their decisions on the medical documentation provided by applicants and in some cases require applicants to take physical examinations. Once a request is reviewed, applicants receive an initial determination letter that states whether an approval or denial was granted. When a request is denied, applicants have the option of initiating the appeals process. The disability appeals process consists of four different levels, the first of which is the reconsideration level.

Applicants who appeal at the reconsideration level have 60 days from the date of their determination letter to submit a written appeal request. The reconsideration level --- also known as a request for reconsideration --- enables applicants to have their case reviewed by Disability Determination Services, the local state disability agency. DDS assigns a team of Social Security representatives, which includes a medical or psychological consultant, a disability examiner and a hearing officer. The DDS team reviews the initial application and medical documentation as well as any additional documentation submitted with the appeal request. According to the Social Security and Disability Resource Center's online site, applicants can expect to receive a decision on their appeal request within 30 to 60 days.

During the reconsideration appeal process, the Disability Determination Services team processes appeals according to set procedural guidelines. Reviewers may request additional documentation from applicants and require further evaluations in the form of medical or psychological examinations. Reviewers must also follow up on any additional treatments or examinations performed since the initial application was filed through contact with the applicant's medical providers. In effect, Social Security follows the same rules and guidelines carried out during the initial application review, so it's not uncommon for an appeal request to be denied at the reconsideration level. According to the Social Security and Disability Resource Center, most appeal requests are approved at the administrative hearing level where applicants present their case to a judge.

During the reconsideration appeal process, applicants have certain rights in terms of how their case is reviewed. Applicants have the right to file their own appeal request or have a legal representative file on their behalf. Applicants also have the right to submit new or updated medical documentation that supports the claims made on their initial application. Any members who participate on the DDS review team must not have taken part in the initial application review process. This provision ensures an applicant receives an objective evaluation during the reconsideration appeal process.