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Applicants who apply for social security disability (SSD) and are denied can appeal the decision in their case by filing a request for reconsideration with their state disability determination services (DDS) agency. Of course, the odds of this appeal succeeding are slim: an average of 85% of all applicants who file disability appeals are turned down again by DDS. When your request for reconsideration is denied, it may help you to think of the above statistic and to realize that you are in good company. Many disability applicants get so worn down by the disability determination process by this point that they give up entirely, which is a shame because the thing to do when your reconsideration appeal is denied is absolutely to file a second appeal. Why might a second appeal succeed when all other attempts to collect disability benefits on a claim have, up to now, failed? Because the second appeal takes the decision-making process out of the hands of DDS, and places it before a federal administrative law judge (ALJ) specializing in making disability determinations. Over half of all claims denied by DDS are later approved by an ALJ, particularly when the claimants have legal representation. It is strongly advisable for those who are scheduled to appear before a judge to see a lawyer or non-attorney representative (non-attorney reps are people that have an extensive knowledge of the disability system through their past employment, often within the social security administration or DDS). Studies indicate that those with a disability lawyer are as much as 50% more likely to win benefits before a judge than those who choose to represent themselves. Another advantage of having a disability lawyer is that he or she can begin following up on the case with social security to make sure that all medical records, work history, physician notes, etc., are provided in a timely manner). This service can be especially helpful to those who have become worn down by the disability determination process and want or need someone else to help advocate for them. When your reconsideration is denied, there are two things you should do. First, file your hearing request as soon as possible. Do not allow low morale or even procrastination in general to kill your claim. Second, take the time to at least consult legal counsel about your case. If your case has been denied twice, it may be that there is some medical evidence lacking, or some aspect of the SSA disability criteria that you have not met or understood; or it may be that you just need someone to help you organize your evidence in a way that will be more persuasive to a judge. It never hurts to have a “fresh” pair of eyes take a look at your case, particularly if you are plan to appeal the decision in your case to an administrative law judge. 
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