WHAT IS THE NEW "RECONSIDERATION" PROCESS IN ALABAMA?

Something new called "Reconsideration" came upon the disabled community in Alabama starting October, 2019.

"Reconsideration" is a new step in getting your Social Security disability approved.  

Prior to October last year, when Social Security denied your claim, you could go straight to a hearing.  Now, you can't.

Now, you have to ask for "Reconsideration."  This first appeal does not send you to a judge.  It sends your denied claim back to the state agency that denied it.  The state gets to look at the claim again to see if they can approve it the second time.  Of course, they can't.

So, after wasting about 60 more days of your time, you get another denial (98 percent of the time)!  Only then can you file an appeal which will take you before an Administrative Law Judge (ALJ).

Alabama was one of 10 states that did not use "Reconsideration" prior to October, 2019.  These 10 states were called prototype states.  But last year Social Security began bringing those 10 states into line with the other 40.  Now, Alas, all states waste your time with "Reconsideration."

Is "Reconsideration" required before you can apply for a hearing?  Yes, it is.  There is no way to skip it.

Does "Reconsideration" ever result in a getting you a better decision?  Rarely.  The numbers I am seeing are literally a 98 percent denial at this stage.  That's because nothing really new happens at this step.  It's almost a rubber stamp of the first denial. 

So, you apply and get denied.  You appeal and get denied again at "Reconsideration."  What do you do?  File another appeal, which sets you up for a hearing with a judge.

I fear that many claimants misunderstand "Reconsideration."  I fear they think, "I was denied.  I appealed, and my appeal also was denied.  So, I am finished."

This is not the case.  The 'real' appeal is at the hearing level, which is actually the second appeal.  This is where a judge comes in, and this is where something actually different happens with your case.


What's different about a hearing with a judge?

• It's the first time you meet with a decision maker face-to-face.
• It's the first time you bring your lawyer with you.
• You get to submit any new evidence you have or can get.
• You can produce your doctor's opinion about your abilities to perform work-like activities.
• Your lawyer can set forth legal theories about your case and make arguments.
• You have a chance to dispute erroneous statements, facts or suppositions about your case.