My Disability Claim Was Denied a Second Time. What Do I Do Now?

What happened

Social Security already looked at your claim twice. The first look was the initial decision. The second look, called reconsideration, was done by a different reviewer who did not make the first decision. That reviewer also decided against you. This second denial is common, and it does not end your case. The next step moves your claim to a judge for a hearing, a different kind of review than either decision so far.

What usually applies

You generally have 60 days to ask for a hearing. The clock starts on the day you get your reconsideration denial. Send a written request for a hearing before a judge. This step often uses Form HA-501. At the hearing, you can show new evidence. You can also see the evidence Social Security used. You may ask questions to any witnesses. The judge looks at your whole file, including anything new you send. Did you miss the 60 days? You can still ask for more time in writing. Just explain your reason. Social Security then decides if that reason is good cause.

What to do

1. 1

   Check the date on your reconsideration denial

   Your letter shows the decision date and your exact deadline. The 60 day count runs from when you receive the notice, so use the date printed on your own letter.

2. 2

   File Form HA-501 in writing

   Say clearly that you want a hearing in front of a judge. Then explain why you disagree with the reconsideration decision.

3. 3

   Gather any new medical or work evidence

   A hearing lets you add new evidence. This can include recent treatment records. It can also include updated work history.

4. 4

   Ask for more time if the deadline already passed

   Put your reason for the delay in writing. Social Security decides whether it counts as good cause for a late request.