If your disability reconsideration is denied in California
If the reconsideration you filed after being denied for Social Security Disability or SSI disability is also denied, then you need to file the next appeal.
The next appeal in the social security administration's disability appeal process, of course, is the request for a hearing before an administrative law judge, and it is at this level that claimants who have been denied previously will have their best chance of winning disability benefits.
How many disability reconsiderations get denied in California? The statistics are different for each state, but approximately eighty-five percent of all reconsiderations that are filed get denied.
One question that gets asked every now and then is this: "If so many reconsiderations get denied, why should a person bother to file one?" Because, ultimately, the best way to get approved for disability (for claimants who have been previously denied) is to get a disability hearing before an administrative law judge.
However, you can't get to a disability hearing until you've gone through the reconsideration or review phase of the disability appeal process.
Here are some additional resources regarding reconsideration appeals:
1. How long does it take to get an answer on a Social Security Reconsideration Appeal?
Excerpt: "The Request for Reconsideration appeal - The wait for an answer on a disability claim at this level tends to be shorter than the initial claim. This is because most of the casework has already been done at the disability application level. In most cases, there will be very little development that is needed specifically for the reconsideration."
2. Does The Social Security Reconsideration Take as Long As The Disability Application?
Excerpt: "Generally, reconsideration appeals do not take as much time to develop since they are basically just an update of the initial disability claim (i.e. disability application) information. Disability examiners usually take far less time to make their decision on reconsideration appeals, because they use the information from the first disability claim and compare it with any of the new information acquired in the appeal process to make their decision."
3. Reconsideration of a Social Security Disability denial- what does it involve?
Excerpt: "What is the true usefulness of the reconsideration appeal, and should a claimant even bother to file this appeal? Every claimant who has the opportunity should file a request for reconsideration because there still remains a possibility of being approved at this level."
About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability
Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.
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