Request for Reconsideration

Massachusetts Social Security Disability (SSD) Law Firm

The Massachusetts Social Security disability attorneys of Kantrovitz & Associates have helped injured employees obtain SSD and workers’ compensation benefits for over 25 years. With extensive experience handling claims and appeals before the Social Security Administration (SSA), our lawyers are skilled at seeking expedited review of your application during the initial claim stage, the reconsideration stage and the Hearing stage. Kantrovitz & Associates represents your interests at every stage of appeal, working hard to improve your chances of obtaining relief.

Reconsideration of Denied Application

The SSA denies over 60% of applications for SSDI/SSI benefits. Many of these claims are improperly rejected for procedural reasons, even if the applicant is eligible for benefits. Accordingly, the SSA has a sequential review process consisting of four stages of appeal. When an initial application is denied, the claimant can file a new claim or request reconsideration within 60 days. The letter explaining the reasons for denial include instructions on how to appeal the decision. Successful review depends upon properly completing the following steps:

  • Initiate appeal by timely notifying the SSA
  • SSA will send relevant reconsideration forms
  • Use Form SSA-561 to appeal a medical decision
    • Complete Form SSA-3441 Disability Report-Appeal
    • List medical treatment by one doctor, therapist, or hospital
    • Include Form SSA-827 Authorization to Disclose Information
  • Use Form SSA-561 to appeal non-medical decision
    • Includes denial of retirement or spousal benefits
    • Requests review of eligibility finding based on work
    • Improper subtraction of alleged overpayment of benefits

Form SSA-561 is the form used to request reconsideration. Claimants should carefully read the instructions before completing the online form or mailing a copy to the SSA. Include as much detail as possible, using the “remarks” section if necessary. Always sign the reconsideration request, disability report, and medical release forms before sending them to the SSA. Having an experienced representative who handles SSDI/SSI cases facilitates the process of initiating an appeal and filing the proper supporting documents in a timely manner.

Supporting Evidence

If you have completed a form appointing a legal representative, all communication with the SSA will also be mailed to your lawyer. Because paperwork is easily mishandled and sometimes lost, you or your attorney should follow up with the SSA to verify receipt of all relevant documents. The most important documents to include are new medical records or current test results. An incomplete request form or failure to properly document a continuing or changing disability stalls the appeal while the SSA requests more evidence and waits to review the case.

Reconsideration Process

During reconsideration, the SSA sends the completed case file to the state DDS office where disability determinations are made. The case is then assigned to a different DDS officer than the one that initially evaluated and denied the claim. After reviewing the forms and medical records, the DDS sends written notification of its decision. Because the DDS rejects over 85% of petitions for reconsideration, most applicants will receive another denial. However, reconsideration is a necessary step in order to proceed with the next stage of the appeals process, the hearing, in which claimants are most likely to succeed.

Fighting for Successful Appeals

If your initial SSDI/SSI claim or application was denied, contact the Massachusetts disability lawyers at Kantrovitz & Associates today. Retaining a qualified advocate at this stage of proceedings improves your chances of actually recovering benefits or requesting a hearing, in which representation is critical. At Kantrovitz & Associates, we are dedicated to maximizing compensation for you. Call (800) 367-0871 for a free consultation or contact us online.