It is not unusual for California residents to see their reconsiderations for Social Security Disability denied. Records show that just 35 percent of people who apply for disability benefits are approved. As a result, individuals whose disability claims were not approved are forced to consider whether they want to go through the Social Security appeal process to obtain the disability benefits they need.
Applicants who want to appeal their initial determination are required to file a reconsideration appeal within the allotted time for submitting an appeal. This means that they have 60 days, in addition to five days to account for the mailing of the decision notice, to file their reconsideration.
If the reconsideration appeal is submitted to the local Social Security office no later than the 65th day after the date on the decision notice, it is considered timely and will be sent for processing to the state-level, federally-mandated disability determination services agency where the initial denial decision was issued. However, in this case, the reconsideration appeal will be processed by a difference disability examiner, typically one whose specialty is handling reviews and reconsiderations of existing benefit claims.
The decision for the claim will be the same unless there was an error committed by the initial disability examiner or the claimant has provided additional medical evidence that justifies an approval. Both the initial disability examiner and the disability examiner who handles the reconsideration are required to adhere to the same stringent interpretation of the rules for vocational disability and disability medical.
An attorney who practices Social Security Disability law may assist clients with navigating the appeal process for denied disability claims. The attorney may advise claimants about the procedure for submitting reconsideration claims and about what information is necessary to improve their chances of having their disability claims approved.