Reconsideration as part of a Social Security disability appeal

On Behalf of | Jul 2, 2020 | social security disability

Indiana residents who are suffering from an injury, illness or condition and seek Social Security disability benefits or Supplemental Security Income will undoubtedly be discouraged if the claim is denied. However, appealing the decision is often effective, and the benefits may be approved. There are four levels of appeal. Understanding the first level of reconsideration is important in any claim.

With reconsideration, the Social Security Administration checks the initial decision for mistakes. If it was denied in error, then it can be approved. Disability Determination Services, or DDS, oversees the case. During reconsideration, the medical records might need to be viewed again. In some circumstances, the applicant has gotten a different treatment than before, and this might impact the decision to approve or deny.

DDS may ask that the applicant have a consultative examination. This is to have current medical information. Although some appeals are decided in the claimant’s favor on reconsideration, most are not. Sometimes, a major mistake was made in the initial decision. If that has happened, reconsideration could warrant disability benefits. New evidence can be presented to help the case.

For appeals, reconsideration is imperative even if there is an overwhelming likelihood that it will be denied. It is just the first step in an appeal followed by a hearing, going before the Appeals Court and then filing a lawsuit in federal court. The subsequent levels of appeal have a far better chance for the application to be approved than reconsideration. A key aspect of a Social Security disability claim may be having legal advice. A professional may help a client avoid making errors when filing, assist with organizing the evidence and be useful in appealing the claim after a denial. An experienced law firm may be able to help with a claim for benefits.