DISABILITY CLAIM AT RECONSIDERATION APPEAL LEVEL



Don't be discouraged if your reconsideration appeal is denied -- only 10-15 % are approved



 
"You do a great job of breaking down the steps a claim goes through during the initial and reconsideration phases. In my initial claim, my DDS Case Worker told me when the case was being handed over to the Medical Reviewer, and it took a mere 4 days for a denial.

I learned a lot between then and submitting my reconsideration claim, and I have RFCs from Treating sources, A formal dx of MDD, prescriptions for all of the adaptive equipment I need including a power chair and electric hospital bed. I have a Functional Independence Measure that shows I need assistance with basic activities of daily living, etc. etc. etc.

I was feeling confident until my Reconsideration Case Worker told me just now that my case was going over to the Medical Reviewer and I should have a decision within a few days. My heart sunk into my stomach, or at least that's how it felt."




The fact that the DDS disability examiner feels the case will take only a few days in medical review do not always mean you will be found not disabled. A word of caution: do not be discouraged if your reconsideration appeal is denied because only 10-15 % are approved.

Most disability applicants have to file a hearing appeal, simply because reconsiderations are sent back to the same state disability agency for a decision. They are sent to a different examiner but the outcome is likely to be the same unless there is some new and compelling medical evidence that supports a finding of disabled, or there was an error made in the initial disability claim.

It appears that you may have submitted more medical evidence with your reconsideration appeal, so you just may be approved for disability. If not, make sure to file your request for a disability hearing as soon as possible. You have a very good chance of being approved at your hearing, most states have hearing approval rates of more than fifty percent.


About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.







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