Denied on a Reconsideration - What to do next

If you were denied on an application for social security disability or SSI, filed a request for reconsideration, and were then denied on that appeal, you need to immediately file a request for a hearing. The disability hearing is the third step in the SSA disability evaluation process and it is the second appeal available to claimants who have been denied for disability.

How quickly should you file your request for hearing? As soon as possible. As with all appeals within the SSD and SSI system, a claimant who has been denied has 60 days in which to submit an appeal (with an extra five days for mailing). However, many claimants wait until just before the deadline has elapsed to file a request for hearing.

Why do so many claimants essentially "give Up" an extra two months of processing time for their disability claim? Without a doubt, being the denied the second time on a reconsideration is very depressing. In fact, it is so depressing to many claimants that they actually give up and fail to pursue their claim any further after a reconsideration denial has been received (an incredible mistake since, at the next step, the disability hearing level, more than half of all previously denied claims are actually approved).

In some cases, though, claimants simply procrastinate on A) requesting an appeal or B) finding a disability attorney to represent their claim.

To avoid unnecessary delays on a disability claim that has been filed with the social security administration, a claimant whose reconideration has been denied should immediately request a hearing before an administrative law judge. And, for claimants who are not yet represented, it would probably be a good idea to seek disability representation since it is never a good idea to go to a hearing without a qualified representative. If a disability attorney is selected, of course, the attorney can then take over the handling of a case, including the request for a hearing, as well as the gathering of all needed documentation (medical records, statements from physicians, and work history documentation, if necessary).




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