RECONSIDERATION vs. REQUEST FOR HEARING: HOW DO YOU SCORE?

Answer the 10 questions below to test your understanding of "reconsideration" vs. hearing as the way to appeal a denied Social Security disability claim.  Improve your knowledge of how the Social Security disability process works.  Answers are given at the end of the quiz.

TRUE OR FALSE (1-7)

 1. Reconsideration is required in all 50 states before a claimant may request a hearing before an adminsistrative law judge.

2.  You may file a request for hearing and reconsideration request at the same time in most states.

3.  The reconsideration process results in just as many awards as the appeals process.

4.  Your attorney or representative may appear with you at a hearing but not at the reconsideration process.

5.  Alabama does not use the reconsideration process.

6.  Social Security is a federal program; therefore, the rules for appealing a denied claim are the same in all 50 states.

7.  in Tennessee, my chances of getting a better decision are less than 10 percent with reconsideration but over 40 percent at a hearing.

SHORT ANSWER (8-10)

8.  What are states that do not use the reconsideration process called?

9.  What federal officials preside over hearings involving US administrative agencies such as the Social Security Administration?

10.  What is the deadline for filing a request for hearing OR request for reconsideration after a claim has been denied?

BONUS QUESTION:  Under what circumstances can the 60 days for filing an appeal be extended to allow more time to file?

ANSWERS

1)  False.  Only 40 states require the reconsideration process.

2)  False.  You must use one or the other, depending on the state.

3)  False.  The reconsideration process is favorable only about 3% of the time.  Hearings result in a much higher approval rate.

4)  True.  Neither claimants nor their representatives usually appear at reconsideration.  It is a review of the file by a state employee.  However, the claimant does have a right to request an interview.  This is not the same as a hearing.

5)  True.

6)  False.  10 states do not use reconsideration but 40 states do.  Eligibility requirements are the same in all states but the process is different.

7)  True, based on 2014 fiscal year data.

8)   Prototype states

9)  US administrative law judges

10) 60 days from the date on the denial (plus 5 extra days for mailing) 

BONUS ANSWER:  When the claimant can show "good cause" for not filing a timely appeal.  The requirements for this are pretty strict, so file on time.

9 - 10 correct   GOOD
6 -  8  correct   ABOVE AVERAGE
5 -  7  correct   BRUSH UP A LITTLE MORE
0  - 4  correct   Hire a representative today