Social Security Disability Reconsideration in California

What Is Disability Reconsideration?

Reconsideration is the first step in appealing a Social Security disability denial. A completely different examiner at the Disability Determination Services (DDS) office, someone who had no involvement in the original decision, reviews your entire case from scratch. They look at the same evidence SSA already considered, plus any new medical records or documentation you submit.

It's the first of four formal appeal levels in the SSA process. After reconsideration comes a hearing before an Administrative Law Judge (ALJ), then review by the Appeals Council, and finally federal court. Most claimants who ultimately win their cases do so at the ALJ hearing stage, but you must go through reconsideration first before requesting a hearing.

Reconsideration applies to both SSDI (Social Security Disability Insurance, Title II) and SSI (Supplemental Security Income, Title XVI) claims. The process is the same whether you were denied on medical grounds or because of a technical issue with your application. If you received a denial letter, you have 60 days from the date on that letter to file your reconsideration request.

One detail that surprises many claimants: the DDS examiner handling your reconsideration is reviewing the same agency file. They're not starting over with fresh eyes on the law, they're reviewing whether the prior examiner reached the right conclusion. That's exactly why submitting new, persuasive medical evidence matters so much at this stage.

SSDI vs. SSI Reconsideration: What's the Difference?

Both SSDI and SSI follow the same formal reconsideration process, but the two programs have different eligibility rules, and those differences affect what issues come up during your appeal.

Factor	SSDI (Title II)	SSI (Title XVI)
Who qualifies	Workers with enough paid Social Security (FICA) work credits	Anyone who meets income and asset limits, regardless of work history
Work credits required	Yes, typically 40 credits, 20 earned in the last 10 years	No work history required
Income and asset limits	Not income/asset-based (based on work record)	Yes, strict income and resource limits apply: $2,000 for individuals and $3,000 for couples
Common denial reason specific to program	Insufficient work credits or disability onset after Date Last Insured (DLI)	Income or assets above the SSI limit at time of application
Medical evaluation at reconsideration	Same 5-step sequential evaluation	Same 5-step sequential evaluation
Healthcare benefit after approval	Medicare (after 24-month waiting period)	Medi-Cal (Medicaid), typically automatic in California

For SSDI reconsiderations, a common issue is the Date Last Insured. If SSA originally denied your claim partly because you didn't prove your disability began before your coverage expired, you need medical records that document your condition going back to that earlier date. For SSI reconsiderations, disputes often involve whether your income or assets were correctly calculated at the time you applied.

If you applied for both programs at the same time, both denials are appealed through the same reconsideration filing. Your attorney can address the specific grounds for each denial within a single appeal.

Common Reasons Disability Claims Are Denied in California

A denial from DDS doesn't mean your condition isn't serious, it usually means SSA found a specific gap in your application. Understanding why your claim was denied is the first step toward fixing it at reconsideration.

1. Insufficient medical evidence. This is the most common reason. SSA needs objective medical documentation, treatment records, lab results, imaging, and specialist notes that support the severity of your condition. If your records are sparse, inconsistent, or outdated, the examiner won't have enough to approve your claim. At reconsideration, you have the chance to submit updated records.
2. Earning over Substantial Gainful Activity (SGA). If you were working and earning more than the SGA threshold when you applied, $1,690 per month in 2026 for non-blind individuals, SSA will deny your claim at step one of the evaluation without even reviewing your medical evidence. If this was a technical error or if your earnings were miscounted, reconsideration is the place to correct it.
3. Condition not expected to last 12 months. SSA requires that your impairment has lasted, or is expected to last, at least 12 continuous months (or result in death). Conditions that are improving or that SSA believes are treatable often get denied on this basis. Updated medical opinions from your treating doctors about your long-term prognosis can change this outcome.
4. Failure to follow prescribed treatment. If your records show you stopped taking medication, skipped appointments, or didn't follow through on recommended treatment without a valid reason, SSA can deny your claim. If there's a legitimate reason, you couldn't afford the treatment, it caused severe side effects, or your doctor changed the plan, you'll want to document that clearly in your reconsideration.
5. RFC doesn't rule out all work. Even if SSA accepts that you have a serious condition, they may decide that your Residual Functional Capacity (RFC), what you can still do physically and mentally, allows you to perform some type of work. If you can do any job that exists in significant numbers in the national economy, SSA will deny your claim. Getting a detailed RFC assessment from your own treating physician is often the most powerful evidence you can submit at reconsideration.
6. Failure to cooperate with SSA. If SSA couldn't reach you, you missed a scheduled consultative examination, or you didn't respond to requests for information, your application may have been closed without a medical decision. If this happened, a reconsideration can reopen the process, but you'll need to show you're engaged and available going forward.
7. Technical or non-medical denials. Some denials have nothing to do with your health. For SSDI, you may lack sufficient work credits. For SSI, your assets or income may have exceeded the limit. These are fixable if the facts were reported or calculated incorrectly.

Your denial letter will state the specific reason SSA denied your claim. That letter is the starting point for building your reconsideration. If you're not sure what it means or how to respond to it, our team can walk you through it.

How to File for Reconsideration in California

Filing for reconsideration requires more than just submitting a form. The claimants who make the most progress at this stage are the ones who use the filing as an opportunity to address SSA's specific objections, not just check a box to keep the case moving.

1. Read your denial letter carefully. Before anything else, understand exactly why SSA denied you. The letter will reference the specific reason. Note the date on the letter, your 60-day deadline starts there.
2. File SSA Form 561 (Request for Reconsideration). This is the formal request to have your case reviewed again. You can file online through your Social Security account at ssa.gov, by phone, or in person at your local Social Security office. If your denial was on medical grounds, you'll also complete Form SSA-3441 (Disability Report-Appeal), which updates your medical information.
3. Submit new medical evidence. This is where reconsiderations are won or lost. Gather updated treatment records from every provider you've seen since your initial application. Request a detailed RFC form from your primary treating physician. Their assessment of what you can and cannot do carries significant weight.
4. Complete Form SSA-827. This authorization form allows SSA to request your medical records directly from your providers. Submit it with your reconsideration package to avoid delays caused by missing records.
5. Write a detailed appeal letter. A cover letter explaining why SSA's denial was wrong, citing specific records, your treating doctor's opinions, and the impact of your condition on your daily life, gives the new examiner context that the forms alone don't provide.
6. Submit everything and confirm receipt. If filing by mail or in person, get written confirmation that SSA received your reconsideration package. Keep copies of everything you submit.

The 60-Day Filing Deadline

You have 60 days from the date on your denial letter to file for reconsideration. SSA adds 5 days to account for mailing time, giving you effectively 65 days from the denial date. That deadline is firm.

If you miss the window, you can request a late filing by demonstrating "good cause," a legitimate reason you couldn't file in time. SSA recognizes reasons including serious illness, a death in the family, or failure to receive the denial notice. If good cause is denied, you may need to file a new application, which restarts the process and could affect the retroactive back pay you're entitled to.

Don't wait to find out if your situation qualifies. If you're close to or past the deadline, see our guide on how to file a late notice of appeal and contact us immediately.

How to Strengthen Your Reconsideration Case

The reconsideration examiner is reviewing the same file that led to your denial. If you submit the same evidence, you'll likely get the same result. The claimants who succeed at reconsideration are the ones who close the gaps in their medical record.

1. Get updated medical records from every treating provider. Records from after your initial application are new evidence. If your condition has worsened, that progression needs to be documented. Request records from your primary care physician, specialists, physical therapists, mental health providers, everyone involved in your care.
2. Obtain an RFC assessment from your treating doctor. A Residual Functional Capacity form completed by your own physician, not the SSA's contracted reviewer, is often the single most important piece of evidence you can submit. Your doctor should describe in specific, measurable terms what you can and cannot do: how long you can sit, stand, or walk; how much you can lift; how often you miss work or need unscheduled breaks; and how your condition affects your concentration and persistence. Vague statements don't move the needle. Specific functional limitations do.
3. Document your Activities of Daily Living (ADLs). Describe in writing how your disability affects your daily routine, getting dressed, cooking, driving, managing medications, and socializing. The gap between what your medical records show and what you're actually able to do in daily life is often where claimants lose cases. Make that gap visible.
4. Gather work history and vocational documentation. If SSA's denial was partly based on a determination that you could perform your past work or other work, a detailed work history helps clarify the physical and mental demands of your prior jobs. In some cases, vocational expert input can support the argument that your RFC rules out all jobs you'd realistically qualify for.
5. Address the specific reason for denial directly. Your appeal letter should respond to SSA's stated reason for denial point by point. If they said your condition wasn't expected to last 12 months, you need a doctor's statement about your prognosis. If they said you could do sedentary work, you need evidence of why sedentary work is also beyond your capacity.

Here's the thing: reconsideration approval rates are low nationally, around 10-15%. But that number reflects how many claimants file reconsiderations without changing anything. Claimants who submit strong new evidence, particularly a detailed RFC from their treating physician, improve their odds considerably. And even a well-built reconsideration that doesn't result in approval creates a stronger foundation for the ALJ hearing.

Our attorneys know what the Disability Determination Services reviewers look for, and what kinds of evidence actually change decisions. We handle the entire reconsideration process on contingency, with no upfront fee.

Talk to a California Disability Attorney

How Long Does Disability Reconsideration Take in California?

In California, reconsideration decisions typically take 3-5 months, though processing times at state DDS offices can vary. That's a long time to wait when you can't work. Understanding what affects the timeline can help you avoid delays within your control.

Factors that extend the timeline:

• Missing or delayed medical records. If SSA has to chase down records from your providers, it stalls the review. Submitting an SSA-827 authorization upfront, and following up directly with your doctors to ensure records were sent, can save weeks.
• Requests for a Consultative Examination (CE). If SSA's examiner determines that the existing medical evidence is insufficient, they may order a CE, an exam with an SSA-contracted physician. These are scheduled and conducted by SSA; you can't speed them up. Cooperate fully with the scheduling process.
• High case volume at California DDS. California processes among the highest volume of SSD claims in the country. Staffing and backlogs at your regional DDS office affect turnaround times.
• Incomplete reconsideration package. Missing forms or documentation at the time of filing can pause the process until SSA follows up with you.

You can check the status of your reconsideration online through your my Social Security account at ssa.gov, or by calling SSA at 1-800-772-1213. If your case has been pending longer than average, your attorney can also contact SSA on your behalf to request a status update.

What Are the Chances of Winning at Reconsideration?

Nationally, approximately 10-15% of reconsiderations result in an approval. That's the lowest of any appeal level, lower than the initial application, and far lower than the ALJ hearing.

That's a hard number to look at. But it doesn't tell the full story. Most of that 85-90% who are denied at reconsideration go on to request ALJ hearings, where approval rates jump to roughly 45-55%. Reconsideration isn't where most cases are won, but it is a required step before you can get in front of a judge. And the evidence record you build at reconsideration becomes the foundation of your ALJ case.

The claimants who do win at reconsideration typically have one thing in common: they submitted new, substantive medical evidence that changed the picture. A detailed RFC from a treating physician who has followed the patient for years, for example, carries far more weight than a brief check-box form. If your case is strong on the medical merits and you have a physician willing to document your limitations in specific terms, reconsideration is genuinely worth pursuing aggressively.

Should You File Reconsideration or a New Application?

After a denial, some claimants wonder whether they're better off starting over with a fresh application rather than appealing. In most cases, filing for reconsideration is the right move, but it's worth understanding when and why.

File for reconsideration when:

• You're within the 60-day window from your denial letter.
• Your medical evidence was incomplete but you can now obtain stronger documentation.
• You need to protect your original application date (called the "protective filing date"), which determines how far back your back pay can go.
• Your condition has not materially changed since you applied, you just need better documentation of it.

A new application might make sense when:

• Your condition has changed significantly since the initial application, a new diagnosis, a surgery, or a worsened prognosis, and a new application would allow you to present a different medical picture from the start.
• Your initial application had fundamental errors (wrong onset date, missing impairments) that are difficult to correct on appeal.
• You missed the reconsideration deadline and good cause was denied.

Filing a new application and a reconsideration at the same time is also an option in some circumstances, but it carries risks, most notably, the newer application can be denied and potentially affect the older one. This is a decision worth discussing with an attorney before acting. Our team at Sackett Law can evaluate which path gives you the strongest shot at getting approved.

What Happens If Your Reconsideration Is Denied?

A reconsideration denial is not the end. It's the trigger for the next level of appeal, and that next level, a hearing before an Administrative Law Judge, is where most claimants who win their cases ultimately succeed.

You have 60 days from the reconsideration denial letter to request an ALJ hearing. At the hearing, you appear in person (or by video) before a judge, present your case and evidence, and can have an attorney advocate on your behalf. Approval rates at the ALJ level are significantly higher than at reconsideration.

If the ALJ also denies your claim, you can request review by the SSA Appeals Council. The Council reviews whether the ALJ made a legal error or whether the decision wasn't supported by the evidence. If the Appeals Council denies review or affirms the denial, your final option is federal district court, where a judge reviews the administrative record. To learn more about how to appeal your disability claim through each level, and to understand how to prepare for a disability hearing, see our dedicated pages on each topic.

Each level of the process builds on the last. The evidence and arguments you develop at reconsideration carry forward. Getting representation early, at or before the reconsideration stage, means your attorney is shaping the record from the beginning, not catching up at the hearing.

Why Hire a California Disability Attorney for Reconsideration?

You're not required to have an attorney at reconsideration. But the decisions made at this stage, what evidence gets submitted, how your functional limitations are documented, and how your work history is characterized, shape the entire case going forward. Getting those things right from the start matters.

Here's what representation at Sackett Law actually means for your reconsideration:

1. We identify why your claim was denied and what it will take to fix it. Your denial letter uses SSA's language. We translate it into the specific medical evidence and legal arguments needed to change the outcome.
2. We develop the medical evidence that moves cases. We work directly with your treating physicians to obtain RFC assessments, supportive statements, and records that speak to SSA's specific evaluation criteria. Most claimants don't know what to ask their doctors for. We do.
3. We navigate California's DDS offices. Each regional office has its own volume, processing patterns, and sometimes informal expectations. Our experience handling cases through California's disability determination system means we know how to move efficiently through it.
4. No upfront cost, ever. Disability attorneys are paid on contingency. Our fee is a percentage of the back pay SSA owes you if you win, currently capped by SSA at $9,200. If you don't win, you don't owe us anything. That's not a promotional line, it's the fee structure SSA sets by regulation for all disability attorneys.

If your disability claim was denied in California, contact Sackett Law for a free consultation. We'll review the denial, explain your options, and tell you honestly whether and how we can help.

Contact Sackett Law: Free Consultation

Disability Reconsideration Checklist for California Residents

After receiving a denial, the steps below cover what you need to do before your reconsideration window closes. Print this or save it, it's the practical roadmap for your appeal.

• Read your denial letter in full and identify the specific reason(s) SSA denied your claim.
• Note the date on the denial letter and calculate your 60-day filing deadline (add 5 days for mailing, giving you 65 days from the denial date).
• Gather updated medical records from all treating providers since your initial application.
• Ask your primary treating physician to complete an RFC (Residual Functional Capacity) form documenting your specific physical and mental limitations.
• Write a detailed statement describing how your condition affects your daily activities and your ability to work.
• Complete SSA Form 561 (Request for Reconsideration).
• Complete SSA Form 3441 (Disability Report-Appeal) updating your medical information.
• Complete SSA Form 827 authorizing SSA to request your medical records directly from your providers.
• Submit your complete reconsideration package, online, by phone, or in person at your California SSA office, before your deadline.
• Confirm receipt of your filing and keep copies of everything you submitted.

If you're unsure about any of these steps or you're working against a tight deadline, contact us. We handle reconsideration cases across California and can move quickly when timing is critical.

Disclaimer: This page is for general informational purposes only and does not constitute legal advice. Every disability case is different. For advice about your specific situation, contact a qualified Social Security Disability attorney or representative. Prior results do not guarantee a similar outcome.