Filing an Application
Filing a Request for Reconsideration
Proceeding to a Hearing before an Administrative
Law Judge
The Appeals Council
Federal Court
Determining Disability Benefits |
 |
Step Two: Filing a Request for Reconsideration
If a claimant's application is denied initially, it must be
appealed if one wishes to continue their pursuit of getting
benefits. Reconsideration is the first step after the application
has been denied. A claimant who wishes to appeal a decision
denying their claim must file a request for reconsideration
with the local Social Security Administration office within
60 days, unless the time to appeal has been extended for good
cause. A claim must be evaluated at the reconsideration level
before an administrative hearing can be held.
Reconsideration involves another review of all the evidence
in the file at the time of the initial decision, together with
any additional evidence submitted after the initial decision.
Reconsideration includes a review of the initial background
information in the file for completeness; updating the information
in the record, including the claimant's statement of his or
her condition, reports of any medical treatment received since
the initial filing, and any work activity subsequent to that
time; and obtaining from the claimant information on any conflicts
in the record.
While most claimants are of the belief that they will "have
to" proceed to the third step of the process, or the administrative
hearing, in order to get a favorable decision, proper development
of the evidentiary and legal aspects of a case do result in
many persons winning their cases at the reconsideration level.
As an example of this, an attorney can be helpful in obtaining
a narrative report from a claimant's treating physician which
speaks directly to those issues which SSA wants addressed. An
attorney can be helpful in how the medical development of a
case is conducted in terms of what examinations, if any, their
client may or may not be required to attend with SSA physicians.
As is the case with persons who have attorneys represent them
at the application level, claimants who are represented at the
reconsideration level avoid having to file their personally
appeals at their local SSA office - their attorneys will do
this for them as part of their representation.
|
|
