Reconsideration of Disability Report Appeal: When the situation arises to contest a denial of Social Security benefits, whether through filing an appeal for reconsideration after an initial denial in the State of Maine or the Commonwealth of Massachusetts, or by seeking a hearing before an Administrative Law Judge following an initial denial in the State of New Hampshire, the expertise of a proficient Social Security disability attorney can be invaluable. This guidance is essential for navigating the complexities and potential pitfalls associated with the forms mandated by the Social Security Administration (SSA).
Completing Form SSA-3441, commonly referred to as the Disability Report Appeal, represents a vital component of the appeal process for denied Social Security or Supplemental Security Income (SSI) disability claims. Given that approximately 65% of initial applications are rejected, pursuing an appeal is frequently a necessary course of action.
How to Appeal Social Security Disability?
This article outlines the different types of appeals available to individuals pursuing Social Security Disability benefits. There are five primary appeals, with a sixth option available through the US Supreme Court. Each appeal must be filed within a 60-day timeframe; failure to meet this deadline precludes any further appeals regarding the application.
In cases where the appeal deadline is missed, it may be possible to submit a new application. However, if a hearing has taken place and resulted in an Unfavorable Decision, the applicant may face challenges if their date last insured lapsed before the Unfavorable Decision was issued. Nonetheless, there may still be opportunities to file a new application or to reopen the previous one. For the moment, let us proceed with a summary of the appeals process.
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Reconsideration of Disability Report Appeal
Many applicants mistakenly believe that highlighting how much worse their condition has become will attract more attention from SSA decision-makers. However, this can imply that your condition was not as serious during your initial claim, which may weaken your case. It’s more effective to provide clear and consistent information. Investigating a new diagnosis can interrupt as a common. For example, if you’ve had chronic pain and a doctor finally diagnoses it as fibromyalgia, this is not a new illness but a clarification of your existing problem.
After the initial claim was denied, this is the first appeal made by the claimants. You need to submit the request for reconsideration within 60 days of the denial date. When I work with a new client, we file the reconsideration on the Social Security Administration website, www.SSA.gov. The reconsideration form is easy to complete, but you also have to fill out a Disability Appeal Report. This form asks for updated details, such as recent medical treatments, work activities, current medications, and any changes in your condition or daily activities.
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The state agency responsible for evaluating your original application will assess the request for reconsideration. Ideally, they should obtain updated medical records, but this doesn’t always happen. We go through the claims file with our client to see which records need updating and if we can get a medical opinion to support the claim.
At times, the state agency might schedule a consultative examination. This occurs when the Social Security Administration organizes an appointment for you with a doctor of their selection. Many of these examiners tend to favor Social Security and often conclude that you can perform some work. However, there are also objective examiners who provide a thorough and independent report on your situation.
Form SSA-3441
- The Disability Report Appeal form can be filled out online by the claimant or their attorney.
- It can also be submitted in paper format using Form SSA-3441-BK.
- This form helps the SSA update information since the last disability report was completed.
- It could mean the first Adult Disability Report or an earlier Disability Report Appeal.
- In New Hampshire, there is no reconsideration process after an initial denial.
- Claimants in New Hampshire go directly to a hearing to appeal an initial denial.
- The report allows SSA to see what medical providers the individual has visited since the last report.
- It also tracks any treatments received since the previous submission.
- The form checks if the individual has worked or undergone vocational training since the last report.
- It gathers information on any additional schooling completed since the last update to SSA.
Important Things while filling the SSA-3441 Form
- There are two sections of the form those can confuse the claimants.
- Section 3A inquiries about any changes in physical or mental health since the previous report.
- Section 3B inquiries about any new physical or mental conditions since the last update.
- Many claimants mistakenly emphasize their struggles, hoping for more attention from SSA.
- They don’t realize that stating their condition has worsened implies it was not as severe before.
- Claimants often forget that only a few months have passed since their last disability report.
- Conditions can fluctuate, but this does not mean there has been a significant change overall.
- Reporting good days or weeks does not reflect the true state of their condition.
- A new diagnosis does not necessarily mean a new medical condition.
- For instance, being diagnosed with Fibromyalgia does not indicate a new illness if the pain has been ongoing.
