Applying for Social Security disability insurance or SSDI is hard enough, and it feels even harder after you wait for weeks or months only to get a denial. For most, the next step is reconsideration, but how long does disability reconsideration take? Tabak Law has some answers.
SSDI Reconsideration Process
Reconsideration is much like the first step, except you already have all your paperwork filled out. It simply just resends your application back through the system again with a fresh set of eyes on your case.
There are a lot of variables that dictate how long this part of the process takes. Medical files have to be received by the new examiner and then you have their caseload and schedule to consider. This number can vary from office to office and state to state, but generally, you can expect to hear back one way or the other in approximately 1 to 3 months. It’s a long time to wait, especially since you’ve already been waiting at least that long. This is where many applicants give up, but we encourage you to keep going as it will be your best shot at getting the benefits that you need.
Read More: What Not to Say When Applying for SSDI?
Do You Have a Better Chance of Being Approved During Disability Reconsideration?
For the most part, your chances do not increase dramatically during the reconsideration step. Most people will still be denied unless they have new supporting evidence to bring to the table. This is because reconsideration happens in the same office just with a different Social Security examiner. This means an examiner that had the same training and likely follows many of the same processes.
Do not be discouraged by that news. After the reconsideration step, you can continue the process to get a hearing in front of a judge. Of any step in the process, the hearing actually has the highest approval rate, though this is skewed a bit since many people will have a lawyer at this stage that they wouldn’t have earlier in the process and only the most persistent applicants tend to make it this far in the process.
Do All States Have a Reconsideration Phase for Disability Applications
For most states, when you get your initial denial, the next phase is reconsideration, but there are 9 states that actually skip this process entirely. Those states are listed below:
- New Hampshire
- New York
If you live in north or west Los Angeles as defined by your local social security branches, then you also skip reconsideration. The rest of California has to go through the reconsideration phase as normal.
Skipping reconsideration, as you might expect, is a good thing. Reconsideration very rarely yields different results from the original request. The next step is going straight to the hearing, and for these states (and some areas in Los Angeles) you go straight to this step if you file an appeal of your initial denial.
Get Legal Help After Denial From Tabak Law
If you have been denied and are facing reconsideration or even a hearing, don’t go it alone before getting a free case review from Tabak Law. We can improve your chances of getting approved for disability benefits, and we only get paid if you win benefits, and even then we only get paid out of your back pay. Reach out to Tabak for the Payback and get a free case review today!
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