WHAT'S THE DIFFERENCE IS RECONSIDERATION & HEARING?


 When Social Security denies a disability claim, there are two ways of asking for a review in hopes of getting a better decision.

 In 40 states, you have to go through a "Reconsideration" process.  This simply means that a state examiner who did not make the original decision will review your file to see if mistakes were made.  Neither you nor your attorney get to appear.  And in only about 3 percent of cases does the decision change after a "reconsideration."  When the reconsideration process denies you, you may then request a hearing before a US administrative law judge.  The real effect of "reconsideration" is to delay your appeal by 3 to 4 additional months.

 10 states, including Alabama, do not use the reconsideration process.  In Alabama you may skip this extra process and and request a hearing.  In Alabama you have at least a 50 percent chance of getting a better decision at the hearing. (Award rates vary from one hearing office to another and from one administrative law judge to another).

 In short, reconsideration is generally a big waste of time and serves only to delay relief.  A hearing is your better option - but it is only available without "reconsideration" in 10 states, called prototype states.

 Visit our free questions & answers section here.

http://www.get-ss.com/faq.html

Comments

  1. Charles W. ForsytheJanuary 8, 2015 at 7:05 PM

    Tennesse does use the reconsideration process. Only about 3% of denials are changed at reconsideration. However, almost 65 percent of denials get reversed at a hearing before an administrative law judge. Why Tennessee and 39 other states waste time and money with the useless "reconsideration" process is beyond me. The truth is, the entire Disability Determination Process on the state level is flawed and in need a serious revamping. Anytime a judge has to overturn 65 percent of decisions, you have a flawed process.

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