If a claim is denied at the Initial level, the next step is to appeal for Reconsideration. Once the Reconsideration appeal has been filed, the file is again sent to DDS for a decision. The file is reviewed to determine if anything was overlooked and gather any new or additional evidence. Then a different Medical Examiner makes a decision. This step in the process takes approximately 6 to 7 months. On average, the estimated denial rate at this level is 75-85%.

Don’t give up if you are denied again! You have 60 days to file an appeal and request a hearing before an administrative law judge. At this next level of review, your chances of winning are much higher.

If you haven’t done so already, strongly consider seeking professional help from a disability attorney at this stage of the process. A disability attorney can help make sure your appeal is properly filed and help you prepare for a hearing with an administrative law judge.