Disability Reconsideration: Your First Step After a Denial

Approximately 65–70% of initial Social Security Disability applications are denied. If that happened to you, reconsideration is your first opportunity to fight back. It’s the first level of appeal, and you have 60 days from the date on your denial letter to file.

This page explains what reconsideration is, how to file, what new evidence to submit, your realistic chances, and why appealing almost always makes more sense than starting over with a new application. For more on why claims get denied: disability claim denied reasons.

What Is Disability Reconsideration?

Reconsideration is a complete re-review of your disability claim by a different DDS examiner who was not involved in the initial decision. The new examiner reviews everything from scratch: your original application, all medical evidence, your function report, your work history, and any new evidence you submit with your reconsideration request.

Reconsideration is available in most states. Some states participate in SSA’s “prototype” program, where reconsideration is eliminated entirely and denied applicants go directly to an ALJ hearing (see “States That Skip Reconsideration” below). In states with reconsideration, it’s a required step before you can request a hearing.

How to File for Reconsideration

The 60-Day Deadline

You have 60 days from the date on your denial letter to file a Request for Reconsideration (Form SSA-561). SSA assumes it took 5 days for you to receive the denial mailing, so the effective deadline is 65 days from the letter date. Missing this deadline means you may need to show “good cause” for the delay, which SSA doesn’t always accept. Don’t wait. File as soon as possible.

Where and How to File

You can file for reconsideration:

• Online at ssa.gov (the fastest method)
• By phone at 1-800-772-1213
• By mail to your local SSA office
• In person at your local SSA field office

What to Include With Your Request

Your reconsideration request should include:

• Form SSA-561 (Request for Reconsideration) — completed and signed.
• A written statement explaining why you disagree with the denial. Be specific: address the exact reasons listed in your denial letter.
• Any new medical evidence gathered since your initial application (updated records, new test results, specialist evaluations).
• An RFC form from your treating doctor if you didn’t submit one initially — see: RFC assessment guide.
• Letters from family members, caregivers, or former employers describing your functional limitations.

What New Evidence Should You Submit?

This is the most important part of your reconsideration: you need to fix what was wrong the first time. Your denial letter lists the specific reasons SSA denied your claim. Your new evidence should directly address those reasons.

Types of new evidence to gather:

1. Updated medical records covering the period since your initial application.
2. New specialist evaluations or diagnostic tests that provide stronger clinical evidence.
3. A treating physician’s RFC form documenting your specific functional limitations. See: RFC assessment guide.
4. Detailed medical source statements from your doctors explaining why your condition prevents work.
5. Updated therapy or treatment records showing the ongoing severity of your condition.
6. Third-party function reports from people who observe your daily limitations.

Submitting the same evidence without anything new is the most common reconsideration mistake. If DDS denied you based on insufficient medical evidence the first time, sending the same records back guarantees the same result. Full guide: medical evidence for your disability claim.

What Happens During the Reconsideration Review?

A different DDS examiner reviews your entire file from scratch. The new examiner:

• Reviews all medical evidence (original and new).
• May request additional records from your treating physicians.
• May schedule a new consultative exam if the evidence is still insufficient (see: consultative exam guide).
• Applies SSA’s five-step sequential evaluation process independently.
• Issues a new written determination — either approval or denial.

The new examiner’s review is independent. They are not bound by the first examiner’s conclusion. However, the process is still a paper review — you don’t appear in person or testify. That’s why the evidence you submit matters more than anything else at this stage.

How Long Does Reconsideration Take?

Reconsideration typically takes 3 to 5 months from the date you file your request.  Processing times vary by state and DDS caseload. Some states process reconsiderations faster than initial applications; others take about the same time. Your advocate can estimate the timeline for your state’s DDS. For the full process timeline: how long does disability take.

What Is the Reconsideration Approval Rate?

Let’s be direct: the reconsideration approval rate is low. Nationally, only about 10–15% of claims are approved at reconsideration.

That sounds discouraging, but here’s the context that matters: reconsideration is a required stepping stone (in most states) to the ALJ hearing, which has a 45–55% approval rate. Many advocates view reconsideration primarily as the opportunity to submit new evidence and build a stronger record for the hearing. Winning at reconsideration is a bonus. Preparing for the hearing is the strategy.

Reconsideration vs. Filing a New Application

This is the most important decision you’ll make after a denial. Almost every denied applicant wonders: should I appeal or start over?

The bottom line: appeal. Filing a new application resets your filing date, which means less back pay if you’re eventually approved. Appealing preserves your original date and moves you toward the hearing level where your chances of winning are highest. Re-filing only makes sense if your circumstances have fundamentally changed (new condition, different work situation) or the 60-day deadline has passed.

Common Reconsideration Mistakes to Avoid

• Missing the 60-day deadline. This is the most costly mistake. If you miss it, you may need to show “good cause” or file a new application (losing months of back pay).
• Submitting the same evidence without anything new. If the same file produced a denial the first time, it will produce a denial the second time. You MUST add new evidence.
• Stopping medical treatment during the appeal. SSA interprets gaps in treatment as signs of improvement. Continue seeing your doctors throughout the appeals process.
• Not requesting your denial file. You’re entitled to review your complete SSA file. Understanding exactly why you were denied is essential for fixing the problems.
• Not getting an advocate at this stage. The reconsideration is your chance to build the strongest possible record for the hearing. An advocate identifies what’s missing and gathers the evidence that wins.

What Happens If Reconsideration Is Denied?

If your reconsideration is denied (which happens ~85–90% of the time), you request a hearing before an Administrative Law Judge. The hearing is your best chance at approval: roughly 45–55% of claims are approved at this level, and the rate is even higher with professional representation.

File your hearing request (Form HA-501) within 60 days of your reconsideration denial. Full guide: disability hearing: what to expect and how to prepare.

How a Disability Advocate Helps at Reconsideration

Reconsideration is the stage where most claimants first seek professional help — after being denied, they realize they need an advocate. Here’s what Muse Disability does:

• We review your denial letter and complete SSA file to identify exactly why you were denied and what’s missing.
• We determine what new evidence will address SSA’s specific concerns and obtain it from your doctors.
• We request updated medical records, specialist evaluations, and a treating physician’s RFC form.
• We prepare your written statement of disagreement, connecting the new evidence to the denial reasons.
• We begin preparing for the ALJ hearing level — because we know most reconsiderations are denied, we build the hearing case simultaneously.

Muse Disability has concentrated on SSD claims since 1986. We work on contingency: SSA caps fees at 25% of back-pay or $9,200.  If we don’t win, you pay nothing. For the application process: how to apply for disability.