How to Win Your Disability (SSDI & SSI) Reconsideration: Form SSA-561-U2

If your initial SSDI or SSI claim is denied, you can file a request for reconsideration, which is the first step in the disability appeals process. Reconsideration involves asking a different claims examiner than the one who made the initial denial to look at your case again and see if the original examiner’s decision was correct. 

In order to request reconsideration, you'll need to file Form SSA-561-U2. You have 60 days from the date on your denial notice to submit an SSA-561-U2, so acting quickly matters. The form itself isn’t long or complicated, so meeting the appeal deadline shouldn’t be a challenge. Still, having a solid grasp on the basics of reconsideration can make the process easier and faster. Below you'll find an introduction to some commonly used Social Security terminology, instructions on how to fill out the Form SSA-561-U2, and tips on how you can increase your chances of winning at reconsideration.

What Is Form SSA-561-U2?

Form SSA-561-U2 is the official paperwork used to start your disability appeal. You use it when you disagree with an initial determination about your eligibility for benefits and want a different outcome. If your application for SSDI or SSI was denied for the first time, filing an SSA-561-U2 is the next step you'll need to take if you want to continue pursuing your claim. 

The Social Security Administration (SSA) needs to receive this form in order to process your appeal and start your reconsideration. If you don't send in Form SSA-561-U2, the SSA won't officially know that you disagree with the original decision, and can't look at any new information you submit about why the initial denial was wrong. 

How to Request Disability Reconsideration

To request reconsideration, you'll need to fill out Form SSA-561-U2 and return the completed form to Social Security within 60 days of when you received the denial letter. It's important to not miss this deadline. If you don't have good cause for filing a late appeal, you'll need to start from square one with a new initial application. 

The easiest way to request reconsideration is by submitting your Form SSA-561-U2 online. You can also call the national Social Security hotline at 800-772-1213 (TTY: 800-325-0778) from 8 a.m. to 7 p.m., Monday through Friday, to speak with a representative who can file the form for you. Or, you can bring the completed form to your local Social Security field office. 

How to Complete Form SSA-561-U2

You only need to fill out the first page of Form SSA-561-U2. (The entire form is only three pages long, but two of those pages are instructions for special circumstances, codes for agency use only, and statements about privacy and paperwork reduction.) Even so, you should have on hand the following information to help you complete the form:

• your initial denial notice 
• your Social Security number, and 
• any new medical records, doctor names, or evidence you want to reference.

You can click on the thumbnail below to see a sample completed first page of the request for reconsideration form.

The first row asks for your basic identifying information (name and Social Security number). The field titled "Issue Being Appealed" is where you can provide a brief explanation of why you think the SSA made a mistake in denying your claim. For example, if the agency found that you were able to return to your past job as a plumber but you have a recent MRI that shows severe disc degeneration in your lumbar spine that makes it hard to bend down, you should discuss this here. There isn't a lot of room, so keep it short and stick to the basics—the goal is to draw Social Security's attention to any evidence that may have been overlooked in the initial denial or new evidence that the previous examiner wasn't able to consider.

The following few rows ask for your contact information (mailing address and phone number). Make sure you keep these updated, since the SSA can deny your application again if it can't reach you with important notices, such as a scheduled consultative examination.

If you've applied for Supplemental Security Income (SSI), the form will ask you to check a box as to the kind of reconsideration review you want. Almost all applicants should choose "case review." The other two options are relevant to people who were found not to meet the income and asset requirements for SSI (a "technical denial") or those who have already been receiving benefits and got a notice that their payments will be reduced or terminated.

The remainder of the Form SSA-561-U2 is for Social Security internal documentation. You don't need to fill out this part. 

How to Win Your Disability Reconsideration

Submitting new, favorable medical records that weren't available during the initial determination is probably the best way to get your claim approved at reconsideration. Most initial disability claims are won based on the strength of the medical evidence, and the same is true for the reconsideration level. But many applicants just file the Form SSA-561-U2 to continue with their claim without supplying any updated medical records that can convince the SSA that the original denial was incorrect.

Directly addressing the reason for the denial can also increase your odds of success at reconsideration. Don't just say that you disagree with the agency's decision and leave it at that. If you can pinpoint a specific medical impairment (such as carpal tunnel syndrome) and tie it to the reason why the SSA denied your claim in the first place—for example, the initial examiner thought you could work as a secretary, a job that requires lots of typing—that can be very persuasive to the next examiner reviewing your claim.

What Evidence Should You Submit With Your Reconsideration Request?

Any evidence of recent medical treatment should be submitted along with your reconsideration request. Ideally, this means your Form SSA-561-U2 should be accompanied by the following evidence:

• recent objective findings, like an MRI, X-ray, blood test, or lab results
• clinical notes from your doctor showing that your condition has gotten worse since the initial decision
• a medical source statement from your treating physician, psychiatrist, or psychologist, and
• any progress notes from new providers you've seen since the last time your case was reviewed.

The most successful reconsideration claims are the ones that contain new evidence that strongly supports a finding of disability. Records that are just "more of the same" and don't adequately demonstrate a downward shift in your health are less likely to be awarded at the reconsideration level. 

Common Mistakes to Avoid When Filing for Reconsideration

Because most applicants think of reconsideration as an annoying but necessary step before they can request a hearing with an administrative law judge (the stage at which most disability claims are approved), they usually don't put a lot of time or energy into their reconsideration request. As a result, they may make some easily avoidable mistakes that reduce their chances of getting awarded at reconsideration, which can shave months off the time between the initial application and when you get your first disability payment. By avoiding some of the following pitfalls, you can increase your chances of a reconsideration approval.

• Missing the 60-day appeal deadline. This is the most costly mistake. If you miss the deadline, you'll need to file a new initial application and begin the process over again. That can mean losing your original filing date, which can reduce the amount of back pay you're entitled to if you're ultimately awarded benefits. 
• Not submitting any new evidence. Many applicants file the Form SSA-561-U2 on time, but then don't add any new evidence that would lead the reconsideration examiner to a better conclusion than the first examiner's denial.
• Writing a vague disagreement statement. Just putting down "I am disabled and the decision was wrong" as your rationale doesn't give the reconsideration examiner much to go on or make your application stand out among others who say the same thing. Be as specific as possible ("I can't lift more than 10 pounds due to my shoulder pain") and address medical records supporting your assertion.
• Letting treatment gaps go unaddressed. If you haven't been able to see the doctor since the last time the SSA looked at your claim, use reconsideration as an opportunity to explain why. The agency won't hold it against you if you lost insurance and can't afford treatment, for example, but you'll need to provide an explanation. Otherwise, the reconsideration examiner might erroneously assume your health hasn't changed.

It's also important to make sure that you let the SSA know about all of your relevant medical issues, not just the biggest ones. Social Security is required to consider how your combined impairments affect your ability to work, so if you've recently developed a mental health condition that stems from a physical problem (for example), mark that down on Form SSA-561-U2.

What Happens After You Request Reconsideration?

Once you've submitted your reconsideration request, a different claims examiner at your state's Disability Determination Services (DDS) will review your case file (and any new medical evidence that's come in) to determine whether the original examiner who made the initial denial was wrong. On average, it takes about 214 days, or about seven months, for you to get a decision on your claim at the reconsideration level.

What If Your Reconsideration Is Denied?

If your claim is denied following reconsideration (as most are—nationwide, only 15.9% of disability applications are approved at this level), you can appeal further by requesting a hearing with an administrative law judge. At the hearing level, your odds of approval jump significantly (about 57% of hearings result in a favorable decision), but it does take on average eight months before you'll be able to attend your scheduled hearing.  

Should You Get a Disability Lawyer for Reconsideration?

It's not strictly necessary to get a disability lawyer for reconsideration (or really at any stage of the appeals process), but it can be a smart move. The earlier you're able to get legal help, the likelier it is that you'll have a strong claim both at the reconsideration level and beyond. Having a lawyer with you at the reconsideration stage means that you'll have more time to establish a solid attorney-client relationship and build a robust case should you need to attend a hearing. And because disability attorneys work on contingency—meaning they don't get paid unless (and until) you win—there's little upfront cost to you. Many offer free consultations, so you can ask around to find an attorney who's a good match.