How to Win Your Reconsideration Appeal with Social Security Disability



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If Social Security denies your application for disability benefits, you will receive a written denial notice that explains very generally why SSA denied your claim. Your denial letter will also advise you that if you want to appeal and keep your claim alive, you must file a request for reconsideration within 60 days from the date you receive the denial notice.

As I discuss in this video, there are three “must do” tactics you should follow if you hope to win a disability approval with your reconsideration appeal.

First, you must file your appeal on time – 60 days is not a lot of time and you need to protect yourself against delays in the mail or processing delays at Social Security.

Second, the language of your reconsideration appeal must be persuasive and focused on the main issue in your SSDI claim – why you cannot work.

Third, if you can point to a particular listing from SSA’s Blue Book, a grid rule, or medical evidence that speaks to your functional capacity for work, your odds of approval go way up because you will be providing the disability adjudicator exactly what he or she needs to stamp your file as “approved.” #socialsecuritydisabilityappeal #socialsecuritydisabilityprocess #ssdiawardletter
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44 Responses

  1. Neveen Haldaman says:

    I just got deny first try
    I had hyperthyrodism from toxic goiter
    And I did thyroidectomy and now I have hypothyroidism
    I did not send RFC first time
    If I send one with my recon .could this be helpfull
    I suffer from musclue and joint pain fatigue and one anti anxity medication with side effects
    I have I lawyer in my recon
    What is my chance?
    They sent me to CE
    My deny letter say not severe enough

  2. Patrick Petrowsky says:

    Got an attorney and still got denied. Hopefully they'll appeal it. I left a message.

  3. Kevin Brister says:

    I'm gonna try and keep this as short as possible.
    I'm about to be 51 yrs old I have spent the last 25 yrs doing all types of jobs mostly construction. I left construction work in early fall of 2018 due to severe pain in my back thinking that another line of work would solve the issues. I took a temp to permanent job with a warehouse distribution company, worked there driving a forklift and pulling orders from October of 2018 till I had to take a short term disability in April of 2019 because I could no longer handle standing, crawling (hunched over) in storage bins or sitting for more 10 to 15 minutes at a time.
    At that time I did have BCBS of Illinois. I went to a chiropractor and had no luck. I then went to see my primary to get a referral to a specialist, I had tried all the medications that were prescribed that didn't do anything but leave me either sick to my stomach or just plain didn't work, I even went to every physical therapy appointments that the dr prescribed nothing worked! I had 2 rounds of injections didn't work. So at that point that dr referred me to a pain management dr (which is the same dr that did the first two injections. I actually saw his nurse practitioner due to his high volume of treating patients with injections. She was the only one that I felt new exactly what I had been trying to explain to dr's since day 1. All the meds that she prescribed didn't work I even had 3 more injections within a 5 month time frame nothing changed nothing worked. Dec 21 2020 was the last injections that I had. She then told me that the next step was surgery. Little did I know that BCBS dropped me in January 2021 so I never made it to the follow up to proceed with surgery. My disability hearing was on April 8th 2021, I have had Lincoln Financial that's been paying my long term benifits along with what is now Brown and Brown advocacy group through this whole process and 3 weeks ago I received the denial letter. None of my dr's would do an ability test or functionality test. They told me that I would have to seek out another party which costs $3000 to do! Who has that kind of money BCBS would not cover it. So now that my case is in appeal I do not know what to do! If I am denied again, Lincoln Financial groups obligations ends in November 2021 and I am left stuck with no financial resources! I am here looking for advice as to what I need to do. I have recently obtained personal insurance in hopes of gaining new evidence. I have chronic lower back pain with bone deterioration and severe arthritis. It seems to me that nobody's doing there job!!! Lincoln calls me once a month I guess to check in or keep in touch, Brown and Brown does call me but only when they need me to do their job (hunt down paper work). When my hearing took place the judge ask me simple yes no questions and didn't care to hear my story!!! I thought that that's what court was about???? This whole thing has gotten really stupid. I have 4 months left before I no longer receive finnances from Lincoln. I feel like giving up. I cannot work due to the stress and fatigue that this aggravating pain causes because I cannot commit to any task that requires me to be at a job and be productive. We are on the verge of loosing everything we have ever worked for!

  4. Lori Stewart says:

    Jonathan, do you only do cases in Georgia? Do you recommend anyone in Michigan?

  5. Cant'e Ohetik'a BetweenLodges says:

    Thank you for your important information. A friend is going through an appeal in July.

  6. Tools & Transportation says:

    Having a disability and being denied benefits would seem to be a reportable case of Financial Exploitation of a disabled person.

  7. Beverley Danusis says:

    Excellent advice and clearly and easily explained. Thank you, Mr. Ginsberg!

  8. ethan cabrera says:

    My mother has been denied twice , she has major depression , ssi said it was because she paused her physiatrist doctors appointments and now says shes unfavorable. Should she appeal it? Would it be good idea to get a attorney for a representative.

  9. Apollobolling says:

    I'm a 57 year old single dad and a disabled veteran.
    If I lose my reconsideration, shouldn't I just drop my case and start over new? Also I wish you were my lawyer. You're pretty sharp. I've spoken to my SSDI lawyer like once. I think she's comfortable going for the long haul while me and my 12 year old starve.

  10. Dawn D. says:

    Thank you !!!!

  11. Uncle Bucks Quarter says:

    I don’t know how to fill out 561.
    They sent 4 of them.

  12. Lisa Ruiz says:

    My son has been getting ssi since he was 4 due to Autism & severe learning disorder, social anxiety. they send him to get an assessment & now denying him , saying he is no longer disabled . So frustrating !! Their assessment was stupid & asked dumb questions.

  13. Joseph Romasco says:

    I have been on SSD almost all my life , about 5 years ago my paraplegic brother needed my help so I started working for him through cerebral palsy and on a work pass.I've been on social security so many times just trying to work and get off of social security medicines made me further disabled I have a lot of physical and mental problems that can't be treated cuz I can't take meds I had a stomach replacement. I signed back up for social security last year because I'm fully disabled now not able to work . This Corona thing happened and I was not able to see their determination doctor the last day the day I was to see him. Last month I finally got got to see him and today I received a determination notice saying that I've been denied now I've been told my whole life that I'd never have a problem with social getting back on and staying on social security and it's always fluctuated my working abilities too most of the time I was medicated I can't stomach medicines anymore I have 60 days of this determination can you please help stand me in the right direction the number somebody or yourself that can be my lawyer there's so much more to this that I need I'm not going to be able to get all of the records from all the places but I have the name's

  14. altha 2014 says:

    Just got a letter today on form S.S. wanting all my medical records saying my SS has stopped due to work I only work 1 day a week security never made over $900.00 most time only about $500.00 I have Parkinson Diease

  15. Scott Reid says:

    My doctor stated that she dont do Functional capacity exams,I have go to Nova Care and pay for it my self,?How can i get one?

  16. Dante James says:

    Social Security Administration used the word validation as my appeal then cancelled appeal, is a violation of 1st, 4th, 5th, 14th, and 15th amendments of the Constitution. I haven't done any recertifications for almost 3 years and refuse to attend any appointments for the rest of my life, because of the 'Debt Bondage' that has been placed on my person.

  17. Gregg Sannes says:

    You are a kind gentleman for helping people the way you do, many will never meet you yet you have helped them greatly, thank you so much for the information you give us

  18. Jeremy jones says:

    MY LAWYER DID NOTHING AT ALL TO HELP. I WON THE CASE IN COURT THEN 2 WEEKS LATER I RECEIVED A 15 PAGE LETTER SAYING I WAS DENIED!! THE JUDGE SENT ME EVERYTHING I SAID THAT HELPED ME WIN THEN SHE SAID I WAS FAKING MY ILLNESS AND I WAS SEEN WALKING FINE!!! I WAS IN THERE FOR MENTAL ILLNESS BIPOLAR AND DEPRESSION AND MANIA FROM BIPOLAR DISORDER.. THERE ARE MANY LIES THAT ARE BOLDLY WRITTEN I CAN'T BELIEVE THIS IS LEGAL!!! EVERYTHING YOU HAVE SAID ABOUT HOW TO WIN A CASE I DID THEM ALL WITH HELP FROM MY SISTER A NURSE, I HAVE A LONG-TERM DOCTOR, AND OVER 10 YEARS OF ILLNESS!!! NOW MY LAWYER CALLED US BANK SAYING HE HAS TO GET US A NEW LAWYER BECAUSE HE DON'T KNOW HOW TO FILL OUT APOEAL FORMS!!!!! HE'S A DAM LAWYER FOR DISABILITY!!! I THINK I CAN SUE HIM FOR FALSE ADVERTISING AND REPRISENTASION!!!! DOED THIS SOUND NOT RIGHT. I HAVE 17 YEARS ON METHADONE CLINIC PROGRAM WITH SUCCESSFUL RESULTS.. AND MY CLINIC SAID THEY WOULD BACK ME UP IF NEEDED.. PLEASE REPLY.JEREMY JONES

  19. Jeff Do says:

    Is it to any advantage for the lawyer to help you on reconsideration? There is no money in it for them. If you wait for an ALJ then there is back pay

  20. Allie Brown says:

    I won my SS Disability case but I just got something in the mail to also send information for SSI because I applied for both. Now if I go through all this paperwork for SSI do I have to go before a judge again and do I have to get all medical forms Filled out from my psychiatrist and my counselor and whoever else? Or do I just have to give all this paperwork to the Social Security office and they make a decision?

  21. Blues Dirt says:

    They sent me a new adult daily function form and I have twenty days to return it .

  22. Steve Curtis says:

    I got denied by my judge and my lawyer has not helped me do anything. I only talked to my lawyer for 10 minutes in 2 years of waiting. So now I have no faith that she will even help me threw the appeal. I will schedule an appointment to see all my doctors and get Moore papers myself.

  23. derek D says:

    I just got denied my first application. My attorney has appealed for me. I asked them about RFC forms and they gave them to me. Will they be used at the reconsideration level or are they strictly for a hearing?

  24. Einas K Badri says:

    I wish I saw this before now

  25. Color_me_jared says:

    I have been waiting since March to hear back from the appeal for reconsideration, is that normal?

  26. Blues Dirt says:

    How do I know my lawyers doing her job ? She seems aggregated when ever I talk to her . She called me looking for paperwork that I already sent for my hearing , and a function report . A week later a received my first denial . My orthopedic won't support long term disability .

  27. Terry R_Zappa says:

    Do the representatives for claimants ever delay through the process somehow to make the back pay a larger amount so their percentage on a claim is higher?

  28. Ashen One says:

    What if you meet a grid rule but you are under 50? I have documented proof that I can't work a sitting job. Will I still use the grid rule in my case? My medical 500 report states I can only sit 4 hours out of a 8 hour work day. Same with other limitations.

  29. Jason Centore says:

    I just found out this morning that I was initially Denied. Letter dated 4/23, I received it 4/26. I was an LTD Adjuster, very sloppy explanation of denial. Were the list medical resources, I have been treating w 1 of those Dr's for 5 years, they obtained 2 notes, my Neurologist which was the key, she even filled out RFC, Adjuster used 2 of 5 office visit notes, etc.. I'm seeing a lawyer next Friday. What really stinks is NY just reinstated Recon Level a few months ago, we were one of few states were u went to ALJ, in NY I looked up time to see ALJ, average wait is 22 months, and add more since they just added Recon. The attorney I talked to today even said Recon is a Delay Tactic.

  30. Ariel Aguilera says:

    Is past part time employment taken into consideration or strictly medical reasons?

  31. al videos says:

    They sent me to one of their functional capacity evaluators, it was ridiculous, they did not consider my health issue, they just did useless tests like can i pus this , etc. If I go ask my personal doctor for one of these will it be different?

  32. Felix says:

    I’m unable to walk more than 15 minutes due to arthritis in my ankles. I also get back pains within 10 minutes of standing and it increases and adds nerve pain down both legs due to 2 spinal surgeries and another pinched nerve. I also suffer from severe manic bipolar depression where it’s so severe I can’t get out of bed this happens 3-4 days a week I also suffer from social anxiety where at times I get panic attacks and PTSD. I was denied, do I have a case?

  33. Mikey Armenta says:

    Hi. I have a dilemma that might be interesting. I had my first denial and am in the recon stage. I had a consultative exam and when I got my denail letter, I asked for a copy of the SSA Doctor's report. The report asked the Doc "do you feel the condition has or will impose for 12 months". She answered yes. Then says "Secondary to his psychological symptoms of racing thoughts, irritability and distractibility, he will have difficulty completing a normal work day and work week as well as maintaining regular attendance". I took this all to mean that even though the SSA doc reported I was disabled, I was still denied. Does this happen a lot? Also, last year I applied to the Department of Education for Student Loan forgiveness based on disability. My psychiatrist submitted the paperwork and it was approved. I gave a copy of the psychiatrists "page 4" of the application as a part of my initial application. I did not see Dept of Education under the list of evidence SSA considered. So based on these 2 things I filed my reconsideration. How are my chances?

  34. Vicky Paulson says:

    How about errors the judge made? My judge declared I could do light duty CNA work. There is no such thing! He also did not follow the grid rules, and used those for someone age 54. I am 63!

  35. Richard Master says:

    wish you had the ability to practice in arkansas. im almost certain you could win my case. im prose now due to a bad situation with poor representation (nuff said) but have file a federal appeal and lost my appeal due to a requested brief with disability law being quoted as a requirement. i tried to write a statement the best i could but they found in her favor (ssas) after somehow suppressing my medical evidence in favor of her personal opinion.

  36. Lashonda Nelson says:

    What about children case

  37. Tonia Gilmore says:

    I have major depressive disorder and appealing my case and ptsd

  38. Mike Carter says:

    I have filed for reconsider for 6 months and I have not heard from ssa yet. but I have 2mri exams spinal fusion surgery and low back problems like bulging disc at L2-5 and s1 with a tear in one disc and questionable spondylosis. And this is new from the first time. Because I have not been able to work for 11/2 years. Just wondering with this new information what you think might be the results.

  39. Lifetimes with Kath says:

    I had so many errors in my unfavorable decision letter. I highlighted everything and made corrections and explained the errors and I even included the listings that I do meet.

  40. Lifetimes with Kath says:

    My attorney just told me that my case has been considered critical and has been expedited. She said that's a positive sign. I certainly hope so.

  41. Sergio Blanco says:

    My doctor just disabled me on a state level form for other state aid. This was a state form and he put I can’t work at all as well as my conditions . He put that I’m temporary disabled 6 months instead of permanent. Mainly bc he is not a specialist and didn’t know how severe my condition is. Now I have a appointment with a cardiologist and endocrinologist. My question is those appt are in the week to comes… my ssi reconsderation appeal is almost over will the general physicians form be enough? I got be enough? I got disabled at a state level for state aid

  42. Sergio Blanco says:

    Was found medical disabled but not severed enough lol wtf
    🙁 I applied for an Appeal and I added on the form and added more things on the list hopefully that’s enough

  43. Krysten Chambers says:

    This is all obvious. But what if u are in natural healing and do not do western medicine? Then what?

  44. Elly Andino says:

    Hi mr Ginsberg. Got any information regarding cessation cases. My client was16 when she got approved for ssi. They are trying to close her case now that she is 30. I am at the appeals council review phase and could really use some guidance on how to prepare the brief they are requesting. Are there ss forms that I can use to help me win this case. Thank you. Eandino@gmx.com. I am not an attorney I am a representative for my client.

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