June 8, 2008 by admin

2192. Reconsideration

2192.1 What is the time limit for requesting a reconsideration?

You must request a reconsideration within 60 days after receiving notice of our determination. We presume that you receive the notice no later than five days following the date of the notice, unless you show the notice was received later or not at all. See §2004.

2192.2 What are your appeal options?

You have three options when requesting reconsideration:

1. Case Review-An independent review of the record with or without additional evidence. This is the only option available in cases involving the medical aspects of a disability denial of an initial application;

2. Informal Conference-A review as in (A) above in which you may participate. You may present witnesses and may present the case in person; or

3. Formal Conference-Same as (B) above and you may request that adverse witnesses be issued a subpoena and cross-examined by you or a representative. This type of reconsideration applies only in adverse post-eligibility situations (i.e., when your SSI payments are going to be reduced, suspended, or terminated).

2192.3 Who can request reconsideration?

Reconsideration of an initial determination may be requested by the claimant, the eligible spouse, a parent, or the representative payee. An initial determination may also be reexamined by SSA on its own motion. (See §2197.)

2192.4 How do you request a reconsideration?

You must request the reconsideration in writing within 60 days of receipt of the notice of the initial determination. If the initial determination involves an adverse post-eligibility issue (e.g., a hearing in a medical/blindness cessation case), you must request reconsideration within 10 days of receipt of the notice of initial determination. This will ensure payment continues until we make a reconsideration determination, pending an initial appeal determination. Make the request on a special form available at any Social Security office or by letter.

2192.5 How does the reconsideration process work?

The reconsideration process is a thorough and independent review of your case. It is based on the evidence you submitted for the initial determination plus any further evidence you submit in connection with the reconsideration.

A reconsideration is made by a member of the Social Security office staff who was not involved in the initial decision under appeal. This person has been trained in handling reconsiderations.

Last Revised: Jul. 26, 2005