SSA Disability Appeals — Level 1 of 4

Appeals process overview / Reconsideration

Reconsideration

Can a different reviewer reach a different decision after reviewing your claim?

Reconsideration is the first appeal after an initial medical denial. A different reviewer examines the claim again, including the original record and any new evidence you submit. There is no ALJ hearing at this level.

A fresh review, usually on the record

For a disability claim, the request is generally sent to your state Disability Determination Services (DDS). A different examiner reviews the original evidence and any updates. The decision is usually made from the file rather than after a live hearing, so it is important to tell SSA what has changed and provide new records.

If your condition has worsened, you have seen new doctors, started treatment, had testing, or experienced new limits, include that information. You can also correct missing or inaccurate details in the original application.

File within 60 days

You generally have 60 days from when you receive the initial denial notice. SSA assumes you received it five days after the date on the notice unless you can show otherwise. This means the practical window is often described as about 65 days from the printed date, but the formal deadline is 60 days after receipt.

File on time rather than waiting for every record. If you miss the deadline, you can request an extension in writing and explain why you were late. Good-cause extensions are not automatic; without one, SSA may dismiss the appeal and you may need to file a new application.

How to request reconsideration

You can submit a disability reconsideration online or use Form SSA-561. SSA may also ask you to complete Form SSA-3441, the Disability Report—Appeal, and an authorization to obtain medical records. Follow the instructions in your notice and keep a copy and confirmation of everything you submit.

What are the approval odds?

In SSA’s FY 2025 workload report, 16% of disability reconsideration decisions were allowances and 84% were denials. That low national rate does not decide an individual claim. A reconsideration can succeed when the record changes or the first decision missed important evidence.

The old prototype-state exception has ended

SSA previously tested a process that skipped reconsideration in 10 states and part of California. SSA phased out the prototype and had reinstated reconsideration in all 10 test states by March 31, 2020. Older articles saying those places still skip reconsideration are out of date.

If reconsideration is denied

You can request a hearing before an ALJ. The same 60-day-after-receipt rule applies. Do not wait for a perfect file before requesting the hearing; records can continue to be gathered after the request, subject to evidence deadlines later in the process.

Related SSA resources

Official sources

This page is general information, not legal advice. Follow the instructions in your SSA notice and seek qualified help for questions about your specific deadline or case.