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HEARING OR RECONSIDERATION?

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You file for Social Security disability and get denied.  Do you ask for a Reconsideration or for a Hearing?  That depends on where you live.


In 40 states, the law requires that you have a Reconsideration before you can ask for a hearing.  These 40 states are called non-prototype states. A Reconsideration means that the same state agency that denied your claim must review its decision.  A new examiner will be assigned to look at the evidence and re-examine the case.  In all probability they will deny your claim again.  When they do, you may then ask for a hearing before an administrative law judge.


The other 10 states are prototype states.  When your case is first denied, you may skip the Reconsideration and ask for a hearing.  This usually cuts your waiting time by 3 to 6 months.


Alabama is a prototype state.  You are not required to fool around with Reconsideration.  If your claim is denied (about 71 percent are), you may request a hearing.  Your odds of being approved at the hearing are about twice as high.  


Precautions to take if you are denied at the initial level:


1)  Ask for a hearing in writing within 60 days.
2) Provide new evidence if you can.
3) Consider getting representation as you enter these murky, shark infested waters.

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