Can I Get a Different Disability Examiner to Review My Claim?
Most people who initially apply for Social Security Disability get denied. However, that should not deter anyone from pursuing the disability benefits they need and may be eligible to receive.
If your disability claim has been denied by the Social Security Administration (SSA), you have the right to appeal the decision. The first step of the appeals process is to file a reconsideration request. This action could allow you the opportunity to have your claim reviewed by a different disability examiner. He or she will go over all of the medical evidence and any new evidence you have submitted for reconsideration.
A Phoenix-based Social Security Disability attorney at Dayes Law Firm is here to help you file for reconsideration and gather the additional information needed to strengthen your claim. An initial consultation comes at no cost or obligation to you. We also do not charge any upfront fees to retain our legal services.
Find out if you have a case. 1-800-503-2000
File a Reconsideration Request
If your claim is denied, you will receive a letter from the SSA detailing the reason you were not granted disability benefits. It will also inform you of your right to appeal the decision. If you decide to appeal, you will need to file for reconsideration. The deadline is generally 60 days from the date the letter was received. A reconsideration request can be made online to appeal medical and non-medical decisions.
Otherwise, if you file in-person or via mail, two separate forms must be submitted in addition to your request for reconsideration:
- Disability Report – Appeal – Used to provide new or additional information about your claim
- Authorization to Disclose Information to the Social Security Administration – Essentially a medical release form
After you file for reconsideration, your claim will be sent back to the Social Security office for review. The same office that handled your initial claim will also handle your reconsideration request. However, your claim will be reviewed by another disability examiner who did not take part in the first decision.
The task of a disability examiner is to determine whether or not you are eligible for benefits. This will require looking over medical treatment notes, consultative examination results, your relevant past work history and information on your educational background.
The Reconsideration Process
It is important during the reconsideration process to provide the SSA with as much updated information as you can if you are regularly seeing a doctor and/or undergoing new treatments. If you can no longer work or are working in a limited capacity because of your condition, the SSA wants to know that too.
The outcome of your claim will likely depend heavily on this information. This is why it is in your best interest to seek legal representation if you are thinking about filing for reconsideration.
Dayes Law Firm is ready to review your initial claim. We may uncover vital information that was unintentionally omitted or insufficient the first time you applied. We want to make sure you are not missing any key evidence. We also know what it takes to build a strong case at any stage of appeal.
When to File for Reconsideration
Appealing a denied claim and filing for reconsideration works the same regardless if you applied for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits.
Certain things to take into consideration include:
- Does your condition meet one of the SSA’s listing of impairments? Your condition does not have to necessarily be in the Blue Book to be eligible for disability. The SSA will look at whether your injury is as severe as a similar impairment on the list.
- Is your condition severe enough to last at least a year or result in death? Your condition can be either physical, mental or a combination of the two.
- Can you still earn substantial income? You must be unable to engage in substantial gainful activity (SGA). You cannot earn more than a certain monthly amount to obtain disability benefits. The limit for 2021 is $1,310 for non-blind applicants and $2,190 for blind applicants.
- Can you still work or perform other work tasks? The SSA will look at your work history – as far back as fifteen years – in order to assess your ability to work given the limits of your condition.
How Long Does it Take to Receive a Decision?
Receiving a reconsideration decision will be based on how quickly the disability examiner is able to receive your updated medical evidence and if any additional documentation is necessary.
The average wait time to receive a decision from the SSA is about three to five months from the date you filed for reconsideration. If your request is denied, you can appeal the decision further.
Learn How We May Be Able to Assist
Applicants who hire experienced legal help have a greater chance at successfully appealing a denied claim than those who do not. Our lawyers at Dayes Law Firm have helped many people obtain the disability benefits they need at the appeals level. Let us review your claim in a risk-free consultation.
Read what some of our clients have to say about our services. You are under no obligation after meeting with a member of your legal team to move forward, but if you do, there are no upfront fees involved.
We are here to help. Call 1-800-503-2000