File Your Request for Reconsideration Within 60 Days to Keep Your Social Security Disability (SSDI or SSI) Claim Alive. Here’s Exactly How to Complete Form SSA-561-U2 and Strengthen Your Appeal of the Initial Denial.

 

Did you receive a disability denial letter after applying for benefits? Don’t panic. And don’t give up.

 

You have 60 days to file a Request for Reconsideration with the Social Security Administration. And you can use Form SSA-561-U2 to do so. This appeal is your first chance to overturn the denial, and while approval rates are low at the reconsideration stage (10-15%), completing this step is mandatory before you can request a hearing with an administrative law judge (ALJ), where success rates jump significantly.

 

This article walks you through exactly how to complete Form SSA-561-U2, what additional documents to submit, and how to strengthen your Request for Reconsideration to increase the likelihood of receiving SSDI or SSI benefits. My law firm has helped thousands of individuals with disabilities in Virginia, Maryland, D.C., West Virginia, Pennsylvania, North Carolina, and Florida win their Social Security claims at every stage. We know what works. And what doesn’t.

 

 

Quick Summary: What You Need to Know About Requesting Reconsideration of an Initial Disability Denial

 

If Disability Determination Services (DDS) denies your disability application, file Form SSA-561-U2 and request a reconsideration within 60 days. Do not file a new application. Submit the Request for Reconsideration instead. Although the approval rate at the reconsideration stage is low, you must complete this step to get a disability hearing before an administrative law judge – a level where success rates improve.

 

What Does Reconsideration Mean in a Disability Claim?

 

The SSA’s Program Operations Manual System (POMS) defines the Request for Reconsideration as “the mandatory first step in the administrative review process” for a disability claimant dissatisfied with the initial determination.

 

This step “involves a thorough reexamination of all evidence on the record” by someone who was not involved in the initial unfavorable or partially favorable decision. The reexamination includes not only a review of evidence that existed when the Social Security Administration made the first decision but also consideration of any new evidence that the SSA obtains or that you submit.

 

How Will I Know that I Need to Submit a Request for Reconsideration of a Disability Determination?

 

42 United States Code Section 405 states that all decisions by the Social Security Administration that involve a determination of disability and are wholly or partly unfavorable to the claimant must be in writing and include a statement of the case, a discussion of the evidence, and the reasons the SSA made the specific decision.

 

You will, therefore, know that you need to file a Request for Reconsideration if the letter denies your claim in whole or in part. Typically, the denial letter includes boilerplate (generic) language that appears in every letter denying disability benefits. At least one paragraph, however, should explain the SSA’s findings about your medical condition and what medical records DDS reviewed. This information provides clues about why you were denied at the initial level and must file for reconsideration.

 

Some of you may try to get ahead of the timeline and submit a reconsideration request before receiving an initial determination on your disability claim. This won’t speed things up. Instead, the SSA will send you a letter that explains it has not made a decision on your claim and that you can appeal after it makes a decision.

 

How Long Do I Have to Appeal SSA’s Initial Determination by Filing a Request for Reconsideration?

 

You have 60 days to submit a Request for Reconsideration with the Social Security Administration.

 

But the clock doesn’t start until the day you receive the written decision.

 

Mail delivery times vary significantly from region to region. Some people receive their decisions within two days of the date the SSA mails them, while others have a significant delay.

 

Therefore, the Social Security Administration has created a presumption that disability claimants receive mailed decisions within five days of the decision date, which means you have 65 days from the date on the decision to request reconsideration. But please do not wait until the last minute to complete this step.

 

Do I Need an Attorney to File a Request for Reconsideration?

 

You can file Form SSA-561-U2 yourself—the form is short and straightforward. However, this is the ideal time to hire a disability attorney, and here’s why:

 

• • Most reconsideration appeals get denied, even when filed correctly.

 

• • Many successful disability claims are won at the ALJ hearing stage, where strong legal preparation helps you tremendously. Hiring a disability lawyer now ensures strong preparation and presentation of your case.

 

• • Attorneys work on contingency, which means you pay no fee unless you win. Further, the Social Security Administration caps an attorney’s fees at 25% of back pay.

 

• • Early attorney involvement often means stronger medical documentation and better hearing preparation.

 

Think of it this way: you can file the reconsideration yourself, but an attorney focuses on winning your eventual hearing—where the real chance of approval lies.

 

How Do I File a Request for Reconsideration of My Disability Claim?

 

You must file your Request for Reconsideration in writing. You can send it to any SSA office or submit it electronically here.

 

An oral communication, such as a telephone conversation or an in-person meeting, is insufficient and will not protect your appeal rights.

 

Any written request that “clearly implies disagreement with the initial determination constitutes a request for reconsideration.” A letter, fax, or email counts.

 

That said, I do not recommend using an informal method. Instead, I suggest using the SSA-561-U2 to request reconsideration. This form’s title is Request for Reconsideration, and you can review a copy here.

 

Tips for Completing the SSA-561 Form

 

The Request for Reconsideration form (SSA-561-U2) is straightforward and takes about 10 minutes to complete. Here’s what you’ll need:

 

FORM SSA-561-U2 COMPLETION CHECKLIST

 

Basic Information:

 

☐ Your full legal name (as it appears on your Social Security card). Do not use a nickname. If your name recently changed due to marriage, divorce, or other reasons, include your previous name in parentheses.

 

☐ Your Social Security Number

 

☐ Issue being appealed: ☐ SSDI ☐ SSI ☐ Both. If you are reading this article, you want to request a reconsideration of the disability determination for your SSDI or SSI claim. If you’re unsure which type of claim you have, write “Disability Determination.”

 

Your Appeal Statement:

 

☐ Reason for disagreement (can be brief—you won’t waive any arguments by keeping this short). For example, this statement is fine: “I disagree with the determination that I am not disabled. My medical conditions prevent me from maintaining substantial gainful employment. I will provide additional medical evidence and documentation to support my claim.”

 

Contact Information:

 

☐ Your current mailing address

 

☐ Your phone number (include best time to call)

 

☐ Representative information (if you have an attorney)

 

Signature:

 

☐ Your signature and date

 

The SSA’s Request for Reconsideration document is short. It will not take you long to complete it, but doing it correctly and on time is critical to preserving your appeal rights.

 

What Should I Submit with the Request for Reconsideration?

 

Form SSA-561-U2 alone meets the minimum requirement, but I recommend submitting a complete appeal package. This improves your chances at the reconsideration stage and better prepares you for the ALJ hearing.

Complete Request for Reconsideration Package

 

REQUIRED:

 

☑ Form SSA-561-U2: Request for Reconsideration → The main appeal form (you’re here!)

 

STRONGLY RECOMMENDED:

 

☐ Form SSA-3441-BK: Disability Report – Appeal → Updates on your condition since initial application

 

☐ Form SSA-3373: Function Report – Adult → How your daily activities are limited

 

☐ Form SSA-827: Authorization to Release Information → Allows SSA to get your medical records

 

ADDITIONAL EVIDENCE (if available):

 

• • New medical records and test results
  • Doctor’s RFC (Residual Functional Capacity) letter
  • Updated medication list
  • Letters from family, friends, and former employers

 

Why Submit More Than Required?

 

Think of Form SSA-561-U2 as your “ticket” to appeal, but the additional forms are your evidence. The reconsideration examiner needs to see what has changed since your initial denial and why you qualify for benefits.

 

Each form serves a specific purpose:

 

• • Form SSA-3441-BK (Disability Report – Appeal) notifies the SSA of changes in your medical conditions, new diagnoses, changes in treatment, new healthcare providers, current medications, and changes in work or education status.

 

• • Form SSA-3373 (Function Report) documents how your impairments affect your daily activities like dressing, bathing, cooking, shopping, and socializing. This helps establish the severity of your limitations.

 

• • Form SSA-827 (Medical Release) authorizes the SSA to obtain your medical records directly from your healthcare providers, ensuring they have complete documentation. It also saves you money.

 

Even if you think “nothing has changed,” your condition has likely progressed, your medications or dosages likely increased, or you have more medical documentation. Always submit updated forms.

 

Should I Continue to Submit Evidence After Requesting Reconsideration?

 

Yes, I recommend building and developing your case while waiting for a decision at the reconsideration stage and then submitting this evidence to DDS and the SSA.

 

Although DDS and the SSA deny most claims at the reconsideration level, some get approved. Therefore, you should do everything you can to strengthen your disability claim at every stage.

 

Who Decides My Disability Application at the Reconsideration Level?

 

As odd as it may seem, the SSA does not decide your Social Security disability claim at the initial or reconsideration levels. Instead, the SSA contracts with Disability Determination Services, an agency of the state government, to process and decide your claim at these stages.

 

When DDS has your initial application, a disability examiner (like an insurance claim adjuster in a workers compensation or tort claim) and a medical doctor employed by the state agency review your case and make a medical decision. Then the SSA adopts this finding.

 

If you request reconsideration of this initial decision, your case stays with DDS, where a new examiner and medical consultant review your claim.

 

How Long Do I Have to Wait for a Disability Decision After Filing a Request for Reconsideration?

 

Patience goes a long way at every step of the disability process, including the reconsideration level.

 

The average length of time it took the SSA to decide a request for reconsideration was 213.1 days in 2023, the most recent year for which data is available. Unfortunately, the data, which dated back to 2014, showed an increase in the average time a claim spent at the reconsideration stage each year.

 

What Happens After I Receive a Reconsideration Decision?

 

Your next step in the disability process depends on what the decision states.

 

If your case is approved, great! Receiving a Notice of Award, along with information on the back pay and ongoing monthly payments due is the next step.

 

If the SSA denied your Request for Reconsideration, you should file a request for a hearing with an administrative law judge. The disability hearing stage is where most attorneys gain success for their clients.  

 

Frequently Asked Questions (FAQs) About the Request for Reconsideration and Form SSA-561-U2

 

Here are answers to some of the more common questions I receive about the Request for Reconsideration:

 

Q: What happens if I miss the deadline for requesting reconsideration?

 

A: If you have an excuse for missing the deadline, consider asking the SSA to find that you had good cause for failing to file a timely reconsideration request. You may receive a waiver of the deadline if you asked for an extension before the 60-day mark, had a severe illness or death in the family that kept you from filing the appeal, could not file the appeal in time due to your physical or mental impairments, or did not receive the denial decision promptly because the SSA sent it to the wrong address. If successful, keeping your appeal alive can help you recover more months of back pay and qualify for Medicare or Medicaid sooner, benefits worth tens of thousands of dollars.

 

Q: Should I file a new disability application instead of requesting reconsideration of a denial?

 

A: No, in almost every situation. Instead, you should file a Request for Reconsideration. In comparison, submitting a new application may cost you several months of disability payments if you get approved.

 

Q: What are the Chances of Getting Approved at the Reconsideration Stage?

 

Various statistics indicate an approval rate of 10 to 15% at the reconsideration stage, meaning the Social Security Administration denies 85 to 90% of these requests.

 

These numbers are discouraging. But you should still file a Request for Reconsideration because you must complete this step before requesting an ALJ hearing, where approval rates skyrocket, and you may be one of the claimants who gets approved at the reconsideration stage.

 

Q: What can I do to strengthen my claim at the reconsideration stage?

 

A: Clients whose claims I’ve won at the reconsideration level usually had one or more of the following present:

 

• • (1) They continued to receive medical treatment and provided reports from these visits and procedures to the SSA,

 

• • (2) They submitted a disability letter, also called a Residual Functional Capacity Assessment, from their treating doctor,

 

• • (3) They underwent diagnostic imaging that supported their subjective pain complaints,

 

• • (4) They produced documents from their workers compensation claim, such as an IME or Functional Capacity Evaluation (FCE) report,

 

• • (5) The SSA sent them to a consultative examination (CE) that resulted in a favorable report, or

 

• • (6) They submitted supportive letters from past bosses and coworkers, friends, family, or clergy members.

 

Do You Need Help with Your Disability Claim at the Request for Reconsideration Stage?

 

Have a question about your legal rights under the Social Security Act?

 

Need help getting approved for SSDI or SSI benefits?

 

Call me at (804) 251-1620. Or fill out my firm’s contact form. See why past clients and current colleagues trust my firm with their disability claims.