Thursday, January 8, 2015

RECONSIDERATION vs. REQUEST FOR HEARING

When Social Security denies a disability claim, there are appeals that can be made to get a another chance.  In 40 states, the next step is called "Reconsideration."  That's really a waste of time but it is required in those 40 states (Alabama is not one of them).

"Reconsideration" simply means that a different disability examiner will review your claim to be sure the one who denied your claim didn't make a mistake.  Guess what?  In about 97 percent of cases, nothing changes at "reconsideration."  After you are denied again at reconsideration, you may now move on to a request for hearing by an administrative law judge.

10 states, of which Alabama is one, does not require the "reconsideration" step and allows you to move directly from denial to a request for hearing.  This saves time, since the "reconsideration" step usually takes 3 to 4 months.

Reconsideration does not:

  • allow you to meet with someone face to face to discuss your claim
  • take your case before an administrative law judge
  • send you for more medical examinations (usually)
  •  allow your attorney or representative to appear on your behalf
On the other hand, a hearing does allow you to personally appear before an administrative law judge with your representative.  You are allowed to present your case and any additional medical evidence you may have.  

What are the odds of getting something changed - Reconsideration vs. Hearing?

  • At reconsideration, there is only about a 3 percent chance of getting a better decision.
  • At a hearing, about one half of denials are reversed and benefits are awarded (national average).  
  • Claimants who are represented have a drastically better chance of awards at hearings. 
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