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Appeals & Denials

Reconsideration: What the First Appeal Actually Involves

By Downard & Associates · 6 min read

Most initial denials go to reconsideration next. What changes, what doesn’t, and how to use this stage instead of just waiting through it.

What a reconsideration appeal is

Reconsideration is a fresh review of your claim by someone who wasn’t involved in the first decision, at the state Disability Determination Services. You request it within 60 days of your denial — the same 60-day window that governs every appeal stage. You can file the request through the SSA’s online portal.

The honest statistics

Most reconsiderations are denied — the reviewer sees largely the same file the first examiner saw. That is not a reason to skip it (you can’t; it’s required in Tennessee before a hearing). It is a reason to change the file.

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What to add at this stage

New treatment records since the initial decision, results of any new imaging or testing, a worsening-symptoms statement, and — most valuable — a function-by-function opinion from your treating physician. A reconsideration with a materially stronger file is a different claim.

Deadlines do the damage

Missing the 60-day deadline generally means starting over, losing months and potentially back-pay entitlement. If you’re past 60 days, good-cause exceptions exist in limited situations — call before assuming the claim is dead.

Use the stage to set up the hearing

Even when reconsideration is denied, the evidence you add now becomes the record the administrative law judge reads first. We build reconsideration files with the hearing already in mind.

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