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Appeals guide · Level 1

Disability Reconsideration: The First Appeal

Reconsideration is a complete new review of your claim by someone who did not make the first decision, at your state's Disability Determination Services. Request it within 60 days of receiving the denial, online or with form SSA-561, and include any new medical evidence.

How to request reconsideration

  1. File the request online at ssa.gov or send form SSA-561 to your local office.
  2. Complete the Disability Report – Appeal (SSA-3441) with new doctors, tests and treatment.
  3. Sign form SSA-827 so the DDS can request your records.
  4. Answer any DDS letters and attend a consultative exam if one is scheduled.

If your benefits were stopped

If SSA decided your disability ended (a cessation), the reconsideration form is different: SSA-789. If you appeal within 10 days of receiving the notice (SSA presumes receipt 5 days after the date on it) and ask in writing for your benefits to continue, your payments can continue during the appeal. If you file later but within 60 days, the appeal is still valid but payments may stop.

If reconsideration is denied

The next step is a hearing before an administrative law judge. You again have 60 days. Find the hearing office for your area and read what happens at the hearing.

Frequently asked questions

Who reviews a reconsideration?

Someone who did not take part in the first decision, at your state DDS.

Can I skip reconsideration?

Generally no. Reconsideration is the first level of appeal and must be completed before you can request a hearing.

What is the deadline?

60 days from the date you receive the denial, presumed to be 5 days after the date on the letter.

Related

DDS by statePhone numbersThe hearingLevel 2FormsSSA-561, SSA-3441, SSA-827
Sources: SSA: The appeals process · SSA: Appeal a decision · SSA: Your right to question the decision (EN-05-10058)