Last updated 2026-07-10
TL;DR
Reconsideration approves roughly 13% of disability appeals nationally. It's the hardest step in the SSDI/SSI appeal process. Most people who eventually win do it at the ALJ hearing, where approval rates run closer to 55%, about four times higher. Once reconsideration denies you, request a hearing right away. That's where the math turns in your favor.
What is the reconsideration step in a Social Security disability appeal?
Reconsideration is the first formal appeal after SSA denies your initial disability application. You have 60 days from the denial notice (plus a 5-day mailing grace period) to file it. [1] A different claims examiner, one who had nothing to do with the original denial, reviews your entire file plus any new medical evidence you send in.
That sounds fair on paper. In practice, the second examiner works from the same Blue Book listings, the same RFC (Residual Functional Capacity) worksheets, and the same agency habits that produced the first denial. The bar barely moves.
Not every state uses reconsideration. Ten areas run a prototype program that skipped this step entirely and sends denied applicants straight to an ALJ hearing. Those areas are Alabama, Alaska, California (the Los Angeles North and Los Angeles West branches only), Colorado, Louisiana, Michigan, Missouri, New Hampshire, Pennsylvania, and certain districts in New York. [2] Live in one of them, and your path jumps from initial denial to hearing request.
Everywhere else, reconsideration is mandatory. You can't skip it. Miss the 60-day window and that application usually closes for good, though SSA will accept a late request if you can show good cause.
What is the actual reconsideration approval rate for disability?
About 13%, and it has sat in that range for years.
SSA's own statistical reports show reconsideration approving somewhere between 10% and 14% of cases depending on the year. [3] SSA's Annual Statistical Report on the Social Security Disability Insurance Program put the reconsideration allowance rate near 13% for recent program years. SSI runs about the same.
Here's the context that makes it sting. The initial denial rate runs around 63% to 67%. [3] Two-thirds of first-time applicants get denied, and then reconsideration approves roughly one in eight of those denials. The odds at this stage are genuinely bad.
The hearing level is a different world. SSA's Office of Hearings Operations data shows ALJ approval rates running around 50% to 57% in recent years, though that number has moved as SSA changed internal guidance. [4] Not a coin flip in your favor, but four times better than reconsideration.
Nobody has clean published data breaking reconsideration results down by medical condition, age, or state in a consistent yearly format. The closest thing is SSA's aggregate workload and outcome tables. Condition-level reconsideration data isn't released in any usable form.
Why does reconsideration have such a low approval rate?
The structure of the review is the main reason. Reconsideration puts a DDS (Disability Determination Services) examiner in front of the same file under the same rules. Unless you hand them new medical evidence that changes the clinical picture, nothing pushes the outcome to move.
Put yourself in the examiner's seat. The first examiner followed SSA rules and denied the claim. To approve, the second examiner essentially has to decide the first one got it wrong. Agency habits don't reward that. This person isn't a judge with independent authority. They're an employee of the same state agency.
New evidence helps, but only when it clears a threshold. A note from your primary care doctor saying you're "still having problems" does nothing. A functional capacity evaluation from a physical therapist showing you can't lift more than 5 pounds and can sit for only 20 minutes at a stretch, tied to objective findings, is the kind of thing that can flip a determination.
A lawyer at reconsideration doesn't produce the jump they produce at the hearing. Attorneys know this, which is why many won't take a case until you've been denied at reconsideration and have a hearing on the calendar. That's not cynicism. It's where their advocacy actually changes results.
The five-month SSDI waiting period has nothing to do with the appeal stage, but it shapes how desperate people feel while they wait. Reading how disability benefits payments actually work helps you plan the timeline.
How does the reconsideration rate compare to other appeal stages?
Reconsideration is the low point of the whole process. Here's a real-data comparison across the main SSA adjudication levels, drawn from SSA's published statistics. [3] [4] [5]
| Appeal Level | Approximate Approval Rate | Typical Wait Time |
|---|---|---|
| Initial Application | 32% to 37% | 3 to 6 months |
| Reconsideration | 10% to 14% | 3 to 5 months |
| ALJ Hearing | 50% to 57% | 12 to 24 months |
| Appeals Council | 2% to 3% (remand rate ~15%) | 12 to 18 months |
| Federal District Court | Varies, low | 1 to 3 years |
Those wait times are rough averages. SSA's hearings backlog has been a stubborn problem, and ALJ waits in some regions stretch past 24 months.
The takeaway is simple. Get denied at reconsideration, file for an ALJ hearing fast. The Appeals Council almost never approves a case outright. When it acts, it mostly sends the case back (a remand) to an ALJ for a new hearing. Federal court is expensive and very slow.
Applicants who qualify under SSA's Compassionate Allowances program see shorter timelines at the initial stage. The compassionate allowances expansion added conditions in recent years that skip the normal backlog.
What new evidence should you submit at reconsideration?
Submit nothing new and you'll almost certainly get the same answer. New evidence is the one thing you actually control at this stage.
Start with medical records you didn't include the first time. Saw a specialist after your initial application? Get those records. Condition worsened? Get updated treating physician notes that document the change with objective findings, more than how you feel.
A medical source statement (also called a medical opinion letter) from your treating physician beats raw records, because it translates clinical findings into functional terms SSA can apply directly. The form asks how long you can sit, stand, and walk, how often you'll need unscheduled breaks, and how many days a month your symptoms will make you miss work. Those answers map straight onto SSA's RFC analysis.
Function reports and work history details you left blank the first time matter too. SSA Form SSA-3368 (Adult Disability Report) and a treating physician's medical statement are the key documents. [1]
One thing worth saying plainly. Records that don't meet a Blue Book listing don't doom your case. SSA can also approve through the medical-vocational grid rules, which weigh age, education, and work history. Applicants over 50 have much better odds under the grid than younger applicants with the same impairments. [6]
Does hiring a disability attorney help at reconsideration?
It helps some, just not the way it does at a hearing.
At an ALJ hearing, an attorney cross-examines the vocational expert, argues the case, spots procedural errors, and builds a theory around your specific RFC limitations. At reconsideration, the attorney mostly reviews your file and files a brief or cover letter. That has value, but it doesn't touch the structural problem: you're still in front of a DDS examiner, not a judge.
Most disability attorneys work on contingency. They take 25% of your back pay, capped at $7,200 as of 2024, and SSA adjusts that cap from time to time. [7] They get nothing unless you win. That fee structure is exactly why many prefer to start at the hearing stage. Some will represent you at reconsideration, especially when the case looks strong.
Want help organizing your documents and understanding what SSA is looking for before you file? DisabilityFiled's guided intake walks you through the form fields and produces a readable claim summary you can actually use.
A non-attorney representative accredited by SSA under 20 CFR 404.1705 can also represent you under the same fee rules. [7] Either one beats going it alone when your documentation is complicated.
How long does reconsideration take?
Expect 3 to 5 months, though it swings by state DDS office and current workload.
SSA doesn't publish a single binding processing-time target for reconsideration the way it does for some stages. DDS offices handle these decisions, and their capacity varies a lot state to state. SSA's stated goal has been to process reconsideration within about 75 days for non-expedited claims, but real times have routinely blown past that.
Nothing back after 90 days? Call SSA at 1-800-772-1213 to check status. You can also track it online at ssa.gov/myaccount.
One timing trap catches people. The 60-day appeal deadline runs from the date on the denial notice, not the day you open it. SSA assumes you got the notice 5 days after mailing, so your real window is 65 days from the notice date. Miss it by a single day and you have to file a good-cause request to reopen, which SSA doesn't always grant. [1]
Waiting on reconsideration and wondering about money? The SSDI payment schedule explains how back pay and regular payments work once a claim is approved.
What happens after a reconsideration denial?
You get another 60-day window (plus 5 days for mailing) to request an ALJ hearing. [1] This is where the odds finally start working for you.
Request the hearing the day the denial letter arrives. The backlog means over a year of waiting in most regions no matter when you file, so every day you delay is a day of extra wait with nothing gained. You can request a hearing online through SSA's iAppeals portal or by calling your local Social Security office.
While you wait, do three things. Gather every piece of medical evidence you haven't already turned in. Get a medical opinion letter from your treating doctor written in RFC functional terms. And seriously consider a representative, attorney or accredited non-attorney. SSA data shows represented claimants win at higher rates at the hearing level.
If your condition gets worse while you wait, you can file a new application while the appeal is pending. If SSA approves the new claim, it will sort out the overlapping period. That isn't always the right move, but for a sharply worsened condition, it's worth raising with a representative.
Starting over or applying fresh? The guide to applying for Social Security disability covers the initial application in detail.
Are there conditions that get approved more often at reconsideration?
Yes, though SSA doesn't publish condition-specific reconsideration rates you can compare cleanly.
Conditions that worsen fast between the initial application and the reconsideration review tend to do better, because the new evidence looks genuinely different from what SSA had before. Cancers that have spread, ALS, and fast-progressing neurological conditions fall here.
Conditions that are heavily diagnosis-driven and clearly listed in the Blue Book also fare somewhat better than impairments that force SSA to judge function over time. End-stage renal disease maps to a listing far more cleanly than chronic back pain does.
Mental health claims are among the hardest at every stage, reconsideration included. They need longitudinal records showing severity and persistence, and a single treating source's opinion often collides with SSA's supportability and consistency standards from the 2017 evaluation rules. [8] GAO has found that mental health claims carry lower allowance rates than physical impairment claims across all adjudication levels. [11]
Older applicants, specifically those 50 and up, generally do better because of the medical-vocational grid. If you're 55 or older with limited education and physically demanding past work, the grid rules can approve your claim even without a Blue Book listing. [6]
Can you work while your reconsideration appeal is pending?
Yes, carefully.
Working during any appeal stage is allowed, but earnings above SSA's Substantial Gainful Activity (SGA) threshold can wreck your case. For 2025, SGA is $1,620 a month for non-blind applicants and $2,700 a month for blind applicants. [9] Earning above SGA while claiming you can't work is a direct contradiction, and SSA will use it against you.
Part-time or under-SGA work won't automatically disqualify you. But even $800 a month spent on tasks that look like a regular job can make an examiner or ALJ ask why you say you can't work. The type of work matters. File claiming you can't handle sedentary work, then do a part-time desk job, and you have a problem.
If you're on SSI (the needs-based program, not SSDI), earned income cuts your monthly payment by roughly a dollar for every two dollars earned after the first $65 of earnings plus a general $20 monthly exclusion. [10] Work doesn't make you ineligible for SSI, but it does shrink the payment.
The social security disability overview breaks down the SGA rules further, including what counts as income and what doesn't.
What does a reconsideration letter look like and how do you read it?
SSA sends a written reconsideration determination letter that states the decision and gives a short explanation. It cites the specific listing or listings SSA considered, states your assessed RFC, and explains why SSA decided you can or can't do your past work or other work in the national economy.
Read the RFC section closely. That's where SSA locks in a functional level: sedentary, light, medium, heavy, or very heavy. If SSA assigned you "light" but your doctor's records show you can't lift 10 pounds or stand more than 2 hours, that RFC finding is the target you'll attack at the hearing.
The letter also lists the medical sources SSA reviewed and notes which ones it found persuasive. Under SSA's current rules (effective March 2017), SSA has to explain how it weighed each medical opinion on supportability and consistency. [8] If SSA brushed off your treating doctor's opinion without addressing those factors, that's a procedural error you can raise at the hearing.
Always note the date on the denial letter and count your 65-day window (60 days plus 5 for mailing) from that date. Write it on a calendar the day the letter shows up.
Frequently asked questions
What percentage of Social Security disability reconsiderations are approved?
About 10% to 14%, depending on the year. SSA's own statistical reports show the reconsideration allowance rate holding in roughly that range for the past decade. Most people who eventually win do it at the ALJ hearing, where approval rates run 50% to 57%. Reconsideration is genuinely the hardest stage in the appeals process.
Is it worth requesting reconsideration or should you skip to a hearing?
You generally can't skip reconsideration. Live outside the 10 prototype areas that eliminated it, and reconsideration is a mandatory step before you can request an ALJ hearing. File it, submit every piece of new evidence you can get, and request the hearing the moment the reconsideration denial arrives. Don't leave time on the clock between steps.
How long does the reconsideration process take?
Typically 3 to 5 months. SSA's DDS offices handle reconsideration at the state level, and processing times vary. If 90 days pass with no decision, call SSA at 1-800-772-1213 to check status. The clock starts when SSA receives your request, not when you mail it.
What is the success rate at the ALJ hearing level compared to reconsideration?
ALJ hearings approve roughly 50% to 57% of cases versus about 13% at reconsideration. That's a four-to-one difference. The hearing is where most people who ultimately win actually win, largely because an independent administrative law judge replaces the DDS examiner and the record is more fully developed by then.
Does getting a lawyer help at reconsideration?
It helps some, mostly by making sure your new evidence is framed right and your paperwork is complete. But the structural problem stays: you're still before a DDS examiner, not a judge. Attorney representation produces much bigger gains at the hearing. Many attorneys will take your case starting at reconsideration but will tell you the real work begins at the hearing.
What new medical evidence should I submit with my reconsideration request?
Records from specialists you saw after your initial application, updated treating physician notes documenting objective worsening, and a medical source statement from your doctor written in functional terms (sitting, standing, lifting limits, expected absences) are the most useful. Raw records that don't address function often change nothing. A targeted opinion letter from your treating doctor is almost always the single most useful document.
What happens if I miss the 60-day reconsideration deadline?
SSA treats the deadline as 65 days from the notice date (60 days plus 5 for assumed mail delivery). Miss it and you must file a good-cause request explaining why. SSA will weigh reasons like hospitalization, a death in the family, or never receiving the notice. It doesn't grant good cause automatically, and some missed deadlines mean starting over with a new application.
What states don't have a reconsideration step for Social Security disability?
Ten areas run SSA's prototype program that skips reconsideration: Alabama, Alaska, parts of California (Los Angeles North and West), Colorado, Louisiana, Michigan, Missouri, New Hampshire, Pennsylvania, and parts of New York. Applicants there go straight from an initial denial to an ALJ hearing request, which is generally the better spot given how low reconsideration approval rates are.
Can I file a new disability application while waiting for reconsideration?
Yes, you can file a new application anytime. If your condition has worsened sharply or you have a new diagnosis, a concurrent new application sometimes makes sense. If SSA approves the new claim, it adjudicates the overlapping period separately. Talk to a representative before you do this, because it can tangle your record if handled carelessly.
Does SSA consider age when deciding reconsideration appeals?
Yes, through the medical-vocational grid rules. Applicants 50 and over, especially those 55 and older with limited education and physically demanding work histories, get more favorable treatment under the grid even without a Blue Book listing. The grid can approve someone for disability at reconsideration or hearing who would be denied if they were 10 years younger with the same impairments.
How do I request reconsideration of a Social Security disability denial?
Request it online at ssa.gov/appeals, by calling 1-800-772-1213, or at your local Social Security office. Submit SSA Form SSA-561 (Request for Reconsideration). Include any new medical records or a medical opinion letter at the same time. File before the 65-day deadline (60 days plus 5 for mailing) from the date on your denial notice.
What is the reconsideration approval rate for mental health disability claims?
SSA doesn't publish condition-specific reconsideration rates, but mental health claims carry lower allowance rates at every stage than physical impairment claims. They need longitudinal records showing severity and persistence over time, and SSA's supportability and consistency framework often discounts single-source opinions. Detailed functional ratings from a treating psychiatrist or psychologist improve the record noticeably.
What is the success rate at the Appeals Council after reconsideration denial?
The Appeals Council grants review in a small share of cases and outright approves very few. Its main action is remanding a case back to an ALJ, which happens in roughly 15% of the cases it accepts. The overall rate of granting review is low enough that the Appeals Council is generally not where cases get won. Federal court is the next step if it denies review.
Sources
- SSA.gov, Appeals Process overview and SSA Form SSA-561: Claimants have 60 days plus 5 days for mailing to request reconsideration after an initial denial; reconsideration uses a different examiner who reviews the full record.
- SSA.gov, POMS DI 12015.010 Prototype States: Ten prototype areas eliminated the reconsideration step, sending denied applicants directly to an ALJ hearing.
- SSA, Annual Statistical Report on the Social Security Disability Insurance Program, 2022: Reconsideration allowance rates have ranged approximately 10% to 14%; initial application denial rates run approximately 63% to 67%.
- SSA Office of Hearings Operations, Hearing Office Workload Data: ALJ hearing approval rates have ranged approximately 50% to 57% in recent program years.
- SSA, Appeals Council Disposition Data: The Appeals Council remands approximately 15% of cases it accepts and outright approves very few; federal court timelines extend 1 to 3 years.
- SSA.gov POMS DI 25025.005, Medical-Vocational Guidelines (Grid Rules): The medical-vocational grid rules provide more favorable disability findings for applicants age 50 and over, particularly those 55 or older with limited education and past heavy physical work.
- SSA.gov, Fee Agreements and Representative Fees, 20 CFR 404.1705: Disability attorneys and accredited non-attorney representatives are paid 25% of back pay capped at $7,200 (as of 2024) and receive nothing unless the claimant wins.
- SSA Final Rule, Revisions to Rules Regarding the Evaluation of Medical Evidence, 82 FR 5844 (January 18, 2017): SSA is required to evaluate medical opinions on the factors of supportability and consistency, effective March 2017.
- SSA.gov, Substantial Gainful Activity amounts 2025: SGA is $1,620 per month for non-blind applicants and $2,700 per month for blind applicants in 2025.
- SSA.gov, How Work Affects Your SSI Benefits (Publication No. 05-11000): SSI payments are reduced by earned income after the first $65 in earnings plus a general $20 monthly exclusion, at roughly one dollar for every two dollars of countable earnings.
- GAO, Social Security Disability: SSA Could Take Additional Steps to Ensure Decisions Are Accurate and Consistent (GAO-18-14): Mental health claims have lower allowance rates than physical impairment claims across adjudication levels; decision consistency is a documented concern.