Monday, August 19, 2013

Social Security Reconsideration

In most States, if your application for Social Security Disability (“SSD”) is denied, the first appeal you can file is a Request for Reconsideration. Seeking reconsideration only requires you to complete a short form concerning any changes in your health, and any work you have done since you filed your SDD application. Like the first level of review, reconsideration decisions are made by a claims examiner from the State Disability Determination Services (“DDS”). 

New York is one of the States where reconsideration of an SSD claim denied for medical reasons has been eliminated. Most reconsiderations are denied; about 85% of cases. Criticism about reconsideration being a rubberstamping formality led to its elimination in some states. 

 I represent a 49 year old electrician whose SSD application was approved by the New Jersey DDS. What makes the reconsideration approval especially rare, is that no additional medical evidence was submitted. This indicates that the DDS recognized its original decision was seriously flawed. While the decision saved Social Security resources by reducing the hearing office caseload, one wonders why the application was not approved form the outset.

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