Tuesday, October 8, 2013

What is Reconsideration?

I sometimes get calls from people who have been denied for benefits, but were given the option to go through a process that SSA calls "reconsideration".   Simply put, if your first application is denied, reconsideration is the next step.  Essentially, SSA will assign a different claims examiner to review your file.  The second examiner will follow exactly the same process as the first.  He or she will look at the same documentation and apply the same rules.  

Not surprisingly, the second examiner usually reaches the same decision.  About 85% of denied applications are denied again in reconsideration.   If your claim is denied for a second time, you can file for a hearing before an Administrative Law Judge (ALJ).   Often, your best chance of being approved comes at this hearing.  A qualified representative can prepare your case for hearing, let you know what to expect, and appear with you.  It is a representative's job to present your best case and tip the odds in your favor. 

Oddly, there are ten states that SSA has exempted from the reconsideration process.  Alabama is one of those ten states.  In those ten states, if your claim is denied, you can go directly to hearing and skip reconsideration altogether.  Unfortunately, in Tennessee, this step is still required.

(615) 732-6159
Franklin, TN (Nashville) office 

(256) 799-0297    
Huntsville, AL office      

www.ForsytheDisability.com

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