Do I need a lawyer for reconsideration?
Asked by: Mollie Cassin | Last update: June 12, 2026Score: 4.3/5 (26 votes)
No, a lawyer isn't legally required for a Social Security reconsideration, but hiring one significantly boosts your chances of success by strengthening your appeal with crucial evidence, physician opinions, and strategic presentation, potentially saving time by avoiding later, longer hearings. While you can file yourself, attorneys understand the system's complexities, help gather necessary medical records, and know what evidence (like specialist reports or employer statements) the SSA needs for approval, making a big difference, especially if your initial claim was denied.
What's the success rate of reconsideration?
The initial appeal, or Reconsideration, has a low SSDI appeal approval rate, typically around 13-15%. Most claimants must proceed to the next stage. Your chances of winning a disability appeal improve significantly if you get a hearing before a judge.
How do you win a reconsideration appeal?
6 Tips to Win Your Social Security Disability Reconsideration...
- File Your Appeal Within Sixty (60) Days. ...
- File The Correct Paperwork. ...
- Determine Why Your Application Was Denied. ...
- Ensure All Evidence Is Updated. ...
- Consider Having Your Treatment Provider Submit a Statement. ...
- Discuss Appeal with an Attorney.
How does reconsideration work?
A request for reconsideration is your formal appeal to the Social Security Administration (SSA) after your initial claim for disability benefits is denied. It provides an opportunity to present new evidence, clarify existing medical records, and make a stronger case for your disability benefits.
How long does it take for reconsideration to be approved?
A Social Security disability reconsideration decision typically takes 3 to 9 months, though it can vary; it's the first appeal stage after an initial denial, involving a new examiner reviewing your case and new evidence, with longer times often due to delays in obtaining updated medical records or high caseloads.
How To Win Your SSDI Reconsideration
How to win a motion for reconsideration?
You just need to convince the court that new developments, accurate law or a correct view of the facts justify a new ruling. If you think your case has solid grounds that support a Motion for Reconsideration, go ahead – it may help you win the war.
What happens if reconsideration is denied?
Next Steps After a Reconsideration Denial
You must request a hearing within 60 days of receiving that notice. A hearing will allow you to present evidence, witnesses, and arguments to convince an administrative law judge that you qualify for disability benefits.
What should a reconsideration letter say?
A reconsideration letter is a written request addressed to a judge or any other decision-maker asking them to reconsider their ruling or decision. The letter should clearly state the reasons why the individual is requesting a reconsideration and provide any new evidence or arguments that support their case.
Can a judge deny a motion for reconsideration?
A motion for reconsideration may be properly denied if based on unraised facts known to the movant prior to entry of judgment.
How long is mandatory reconsideration taking?
How long does a mandatory reconsideration take? The short answer is that nobody knows. It will vary from case to case and office to office. The one thing we know for certain is that there is no time limit within which the DWP must carry out a mandatory reconsideration – they can take as long as they choose.
What not to tell the attorney?
You should not tell a lawyer to "just do it," admit fault (like saying "I'm sorry" or "it was my fault"), downplay your case ("it's simple/quick"), compare them to other lawyers, or lie or withhold information, as these undermine their ability to help you; instead, be honest, factual, and provide all details, even bad ones, so they can build the strongest case, letting them guide strategy.
How long is the reconsideration process?
The reconsideration is the second phase in the disability determination process and generally takes between one and three months. If you are denied after submitting your initial disability application and file an appeal within 60-days of receiving your denial letter, the next phase is called the reconsideration phase.
How many mandatory reconsiderations are overturned?
At Mandatory Reconsideration (MR) stage, just 31% of claims changed in the claimant's favour. ⚖️ Tribunal outcomes: The national average success rate at tribunal in 2024-25 is around 65%. At Fightback, our success rate is consistently 88–90% at appeal.
What's next after a motion for reconsideration?
Wait for the Court's Decision:
After considering your Motion for Reconsideration and any responses from the other parties, the court will issue a decision either granting or denying the motion. This decision will be based on the court's assessment of the legal and factual issues raised.
How to win a reconsideration?
Table of Contents
- #1: File Your Appeal on Time.
- #2: Understand Why Your Claim Was Denied.
- #3 File the Proper Paperwork.
- #4: Submit Your Medical Records.
- #5: Write an Appeal Letter.
- #6: Hire a Lawyer.
How often are motions for reconsideration granted?
Such requests for reconsideration are often filed, but rarely successful unless there clearly has been a change in the law or facts. As for filing an appeal, usually a party has to wait until the end of the case when court issues a final judgment before taking an appeal.
What happens during a reconsideration?
A reconsideration involves a thorough, independent review of all evidence from the initial determination and any new evidence the claimant or another individual submits in connection with the request for reconsideration.
What makes you look better in court?
Dress nicely. You don't need to (and shouldn't) look like you're ready for a walk down the “Red-Carpet” – that would be overdoing it. Just a clean, attractive attire is sufficient. Something a judge would see as appropriate and respectful.
Why is it so hard to win an appeal?
To win on appeal, you must demonstrate a "reversible error." This is a significant mistake that likely changed the result of the case. A minor, harmless error that would not have altered the jury's verdict or the judge's decision is not enough to overturn a lower court's ruling.
How do I write a motion for reconsideration letter?
How to write a letter of reconsideration of appeal
- Confirm the recipient's information. ...
- Consider why you want a reconsideration. ...
- Find out why they passed. ...
- Support your request. ...
- Add a conclusion.