The Disability Benefits Appeals Process: Reconsideration

August 4, 2015
Dayes Law Firm

If you have applied for Social Security Disability (SSD) benefits, there is a pretty good chance that your application will be denied your first time applying. But don’t worry, because you are not the only one. Approximately 43 percent of all applicants are denied SSD benefits on their first try.

If your claim for benefits has been denied, the question becomes, what do I do now? This is when a qualified disability benefits lawyer in Phoenix can help guide you through the appeals process and build a strong case so that you receive the benefits that you need.

Call 1-800-503-2000 to speak with a representative today.

In most states, the first step to appeal a disability benefits denial is to file a reconsideration request with the Disability Determination Services (DDS). Because a reconsideration is handled by the same agency that reviews initial claims, you can probably expect another denial from this level of the appeals process as well.

Claims are denied 80 to 85 percent of the time at the reconsideration level. This is because if the DDS denied an initial claim, then a couple of weeks later approved a reconsideration appeal of the same documentation, it would be equivalent to the DDS admitting that a mistake had been made and that the claim should have been approved in the first place. For this reason, appeals are seldom approved at this stage of the appeals process.

In some states, the reconsideration step has been completely eliminated, allowing applicants to jump right to the hearing stage of the appeals process. These states include:

  • Alabama
  • Alaska
  • Parts of California
  • Colorado
  • Louisiana
  • Michigan
  • Missouri
  • New Hampshire
  • New York
  • Pennsylvania

A claimant’s best chance for winning a disability benefits appeal for a denied claim is to hire an experienced disability benefits lawyer who has intimate knowledge of the appeals process and can guide you through every step.

To learn more about how we can help your appeal, complete a Free Case Evaluation form.