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Why did I get Denied on my Florida Disability Request for Reconsideration?




 
As a former disability examiner and in my involvement in claimant representation, I've come across thousands of individuals who were angry, irritated, and perplexed over the fact that, after being denied on their disability application, they were denied yet again, for a second time, on their request for reconsideration appeal.

Typically, if I was speaking to the claimant who had just been denied on the "recon", my response would be something akin to "It's nothing to worry about. Most cases get denied at that level as well. We simply need to file your next appeal, the request for a disability hearing".

It's true, of course. The great majority of social security reconsideration appeals in Florida get turned down as well. And when the subject came up, I typically told claimants to simply expect that the reconsideration appeal we were filing would "probably get denied", that there was nothing out of the ordinary about it, and as soon as it occurred, we would file for a hearing.

However, WHY is it so common for the request for reconsideration to get denied? After all, if over 80 percent of all reconsideration appeals get denied, what's the point of even filing them?

Well, there's a very valid reason for filing a request for reconsideration. And that reason is that a claimant cannot request a hearing before an administrative law judge until they are denied on a reconsideration beforehand. So, a good way to look at the reconsideration appeal step is that it is simply a stepping stone, a necessary hurdle to get through before a hearing can even be requested.

As to why the reconsideration is so routinely denied, here's my observation of it. When your case is evaluated at the state disability agency in Florida (the agency that makes medical determinations for the social security administration --- this agency is usually known in most states as DDS, or disability determination services), it basically goes through the exact same process that it did the first time. That is, the case is assigned to a disability examiner (I used to be one) and the claimant's case is reviewed in order to determine whether or not the claim will, based on the medical and vocational information available, point to a residual functional capacity rating that will satisfy the social security administration definition of disability.

The only thing that really changes between the evaluation of the original disability application and the reconsideration appeal...is that different disability examiners handle each step. However, what happens in the processing of the case is exactly the same. And considering the fact that the processing of a disability application and the processing of a reconsideration appeal are typically only separated by a few weeks, it wouldn't really make much sense for the state disability agency (DDS) to make radically different decisions on reconsiderations than were made on initial disability applications.

In fact, if a large percentage of reconsideration appeals were approved, it would bring into question why it was that a case could be easily denied in, say, January, only to be later approved in April on an appeal.

The truth, unfortunately, is that individuals who file for disability don't really get a fair chance of appealing the disability denial on the first appeal, the reconsideration. This is because, as I stated, it is the same agency making the decision the second time around.

In the social security disability system, really, fairness enters into the process at the disability hearing level. Why? Because the state disability agency (DDS) is completely left out of the process. And more than that, applicants actually have a chance to meet the decision maker in their case (a federal judge) and also have their disability attorney (or non-attorney representative) represent their case and present a rationale as to why they should be approved to receive benefits.















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Tips and advice for Florida disability claims

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Tips for consultative medical exams for SSDI and SSI in Florida

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General questions about getting disability in Florida

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Can you get permanent Social Security Disability in Florida?

If they review my disability in Florida, will I lose my benefits?

Do disabled children qualify for benefits in Florida?

Denied for Disability with Depression in Florida

Should you appeal a disability denial in Florida?




How long does disability take in Florida?

How Long Can You Receive Social Security Disability Benefits in Florida?

How long for a Social Security Disability Decision Letter in Florida?

How long does it take get a decision after a Florida Disability Hearing?

How Long Do you have to be disabled to Get Disability Benefits in Florida?




The disability decison process in Florida

Can you get disability benefits in Florida if you have never worked?

Will you be awarded disability in Florida if you are unable to return to your old job?

Who makes the disability decision in Florida?

Will I Be Evaluated For Both SSDI and SSI in Florida?

The Florida Disability awards determination process

What happens after a social security disability claim gets taken in Florida?




Filing applications for disability in Florida

Applying in Florida, the criteria to qualify for Benefits

An application for disability in Florida will be time-consuming

Filing for disability in Florida is not easy

What are reasons to file for disability in Florida? When should you file for Disability Benefits in Florida?

Starting an application for disability in Florida

Applying for SSD in Florida - Disability Application Information




Disability Lawyers and Representation in Florida

Getting a disability lawyer in Florida

Representation on a Social Security Disability Claim in Florida

Do I need a Lawyer for My Florida Disability Hearing?

Social Security Disability Attorney Fee - What a Disability Lawyer in Florida can be Paid

How do Disability Lawyers in Florida get paid their fees?

Finding a lawyer for a Florida disability claim

Is the Disability Process Faster in Florida if you have a Lawyer?




Applying for SSI in Florida

Applying for SSI disability in Florida

Can you receive Social Security Disability and SSI in Florida?

Applying for SSI Disability for a Child in Florida




Doctors, medical records, and medical exams

Social Security Disability in Florida and What Your Medical Records Say

Will a Disability Attorney in Florida Help You Obtain Your Medical Records?

SSDI and SSI disability applications in Florida and Doctors

Social Security Administration Medical Exams in Florida




Disability hearings in Florida

How long will my case be at a Florida Social Security Hearing office before it is scheduled?

How long does it take to see a Florida disability judge?

Getting ready for a disability hearing in Florida




Disability denials in Florida

What if you are denied disability in Florida and do not get the notice?

If you are turned down and denied for disability in Florida

If your disability is denied in Florida, file an appeal quickly

Why did I get Denied on my Florida Disability Request for Reconsideration?




Disability appeals in Florida

If you are requesting an appeal in Florida

Social Security Disability and Appeal options in Florida

Do you have to appeal your Florida SSD Claim over and over?




Qualifying for disability in Florida

Will I Qualify For Disability Benefits in Florida?

Can I win my disability case in Florida?

What are my Chances of Qualifying for SSDI in Florida?

Will I get approved for disability in Florida if my doctor supports my claim?

If you are trying to win disability benefits in Florida

How Can I Win My Social Security Disability Case in Florida?