Applying for Social Security Disability benefits can be a daunting and lengthy process. Unfortunately, many initial applications are denied. If you find yourself in this situation, don’t lose hope.
In Colorado, you have the option to file a request for reconsideration. Understanding what this request entails and how to navigate it can significantly impact your chances of success. Explore what a request for reconsideration is, why it is important, and how to pursue it after an initial disability denial effectively.
Understanding the Request for Reconsideration
A request for reconsideration is the first step in the Social Security Administration’s (SSA) appeals process after your initial disability claim has been denied. Essentially, it is a request for the SSA to review your case again, this time with a fresh set of eyes. The reconsideration is conducted by a different group of examiners than those who handled your initial application, ensuring an unbiased review of your claim.
Why Initial Claims Are Often Denied
Before delving into the reconsideration process, it’s helpful to understand why initial disability claims are frequently denied. Common reasons for denial include:
- Incomplete or Insufficient Medical Evidence: Your medical records may not fully support the severity of your disability.
- Lack of Continuous Medical Treatment: Gaps in your medical treatment history can weaken your claim.
- Improper Documentation: Missing or incorrect information in your application can lead to a denial.
- Non-compliance with Treatment: If you haven’t followed prescribed treatments without a valid reason, your claim might be denied.
- Earnings Above the Substantial Gainful Activity (SGA) Limit: If you are earning above a certain amount, you may be considered able to work.
Filing a Request for Reconsideration in Colorado
If your initial claim is denied, you will receive a letter from the SSA detailing the reasons for the denial and instructions on how to file a request for reconsideration. Here are the steps to take:
- Review the Denial Letter: Carefully read the denial letter to understand the specific reasons your claim was denied. This information is crucial for addressing the issues in your reconsideration request.
- Gather Additional Evidence: Collect any new medical evidence or documentation that supports your claim. This can include updated medical records, statements from your healthcare providers, and any additional information that was not included in your initial application.
- Complete the Reconsideration Forms: Fill out the necessary forms to request reconsideration. The primary form is the SSA-561-U2, “Request for Reconsideration.” You may also need to complete the SSA-3441-BK, “Disability Report – Appeal,” and the SSA-827, “Authorization to Disclose Information to the SSA.”
- Submit Your Request on Time: You have 60 days from the date you receive your denial letter to file your request for reconsideration. Make sure to submit your forms and additional evidence within this timeframe to avoid losing your right to appeal.
What Happens During the Reconsideration Process?
Once you submit your request for reconsideration, your case will be assigned to a different disability examiner. This examiner will review all the evidence in your file, including any new information you have provided. They may also contact your healthcare providers for additional information.
The reconsideration process can take several months. During this time, it’s important to stay in touch with the SSA and respond promptly to any requests for additional information. You will receive a written decision once the review is complete. If your request for reconsideration is approved, you will begin receiving disability benefits. If it is denied, you can proceed to the next level of appeal, which is a hearing before an administrative law judge (ALJ).
Benefits of Working with a Social Security Attorney
Navigating the reconsideration process can be complex and overwhelming. Working with a Social Security attorney can significantly improve your chances of success. An experienced attorney can help you:
- Understand the Reasons for Denial: Attorneys can interpret the SSA’s denial letter and identify the weaknesses in your initial application.
- Gather and Submit Evidence: Attorneys know what kind of medical evidence is most effective in supporting disability claims.
- Meet Deadlines: Attorneys ensure that all forms and documentation are submitted on time.
- Represent You: If your case proceeds to a hearing, an attorney can represent you and present a compelling case on your behalf.
A request for reconsideration is a critical step in the Social Security Disability appeals process in Colorado. By understanding the process, gathering additional evidence, and submitting your request on time, you can improve your chances of a favorable outcome. If you find the process overwhelming, consider seeking the assistance of a Social Security attorney to guide you through each step and advocate for your rights.
