How to Win a Reconsideration Appeal Without a Lawyer

About 70% of initial applications for Social Security disability benefits get denied, which is why many people end up filing for reconsideration. This is the second step in the appeals process. 

While the Social Security Administration does not require applicants to have a disability lawyer for reconsideration, working with a good disability lawyer can really strengthen your case. Read on to learn how to file for reconsideration and tips for navigating the appeals process.

What is a disability reconsideration?

A disability reconsideration is the first step of the appeals process. It’s where you ask the Social Security Administration to review and rethink their decision on your claim. At this stage, a new reviewer from the Disability Determination Services (DDS) will look at your appeal. This reviewer is different from the one who handled your original application. The reconsideration stage is also an opportunity for you to submit new medical evidence if you have it. 

Keep in mind that the SSA denies more than 80% of reconsideration requests. Most applicants move on to a hearing with an administrative law judge, where their chances of winning benefits improve greatly.

4 stages of the disability appeals process

The SSA appeals process has four stages, but most people only go through the first two:

1. Reconsideration: First, you’ll request a review of your application from the SSA.

2. ALJ Hearing: If your reconsideration is denied, you'll have a hearing with an administrative law judge. In 2022, about 54% of claims were approved at this stage.

3. Appeals Council Review: If you’re denied again, the Appeals Council can review the judge’s decision, but you can’t submit new medical evidence here.

4. Federal Court Review: In rare cases, you might go to the Federal Court if the Appeals Council denies your claim.

How do you request a reconsideration?

To file for reconsideration, you must complete and submit the following forms:

1. Form SSA-561-U2: On this form, explain why you disagree with the SSA’s decision and include any new medical evidence.

2. Form SSA-3441, Disability Report — Appeal: Provide any changes in your conditions and treatment, and list any hospitalizations.

3. Form SSA-827: This authorization form allows the SSA to contact institutions or individuals to get information about your disability and its impact.

You can submit the completed forms in person at your local Social Security Administration office or mail them to the address provided on your denial letter.

How to win a reconsideration appeal without a lawyer

You don’t have to hire a lawyer for your disability appeal, but having one can really help most people. At the hearing stage, a lawyer can increase your chances of winning benefits by three times. However, if your condition is on the SSA’s Compassionate Allowance list, you might be able to apply without legal representation.

Here are some tips if you are navigating the reconsideration process on your own:

• File on time. After a denial, request an appeal as soon as possible. You have 60 days to file the appeal from the rejection date. Missing the deadline means starting over. 

• Understand the denial reason. If you’re unsure, contact the SSA to find out if your denial was for medical or technical reasons. This helps you know the paperwork and evidence to submit with your reconsideration.

• Gather updated medical evidence. Strengthen your case with additional medical evidence to show the severity of your disability. This might include a letter from your doctor or recent test results.

• Clarify your work limitations. Ask your doctor for a Residual Functional Capacity (RFC) assessment to demonstrate your ability to work and send it to the SSA.

• Write a disability appeal letter. Use an appeal letter to explain why you need disability benefits and highlight any errors the SSA made in reviewing your claim.

How long does it take for the SSA to make a decision of reconsideration?

In 2024, the average wait time for a reconsideration is 7 months. This timeline can vary depending on the complexity of your case and the workload of the DDS office handling the appeal. 

Do you need a lawyer to file an appeal?

No, you do not need a lawyer to request a reconsideration. However, a lawyer can increase your chances of winning three times at the hearing stage. Working with a lawyer is beneficial because the lawyer will assess your case, help you gather and submit documentation, and represent you at the hearing.

Get help filing for reconsideration

Take our two-minute disability quiz to see if you qualify for benefits, and call Atticus for personalized advice about your options. If you’d like, Atticus can introduce you to a highly qualified disability lawyer familiar with the reconsideration process to help with your appeal.