Reconsideration is the mandatory first step in the administrative review process that the Social Security Administration (SSA) provides to a claimant dissatisfied with an initial determination. For exceptions to the mandatory reconsideration step in which a hearing is the first level of review, see 20 CFR 404.930(a) (2), (6), and (7).

Reconsideration involves a thorough reexamination of all evidence on record. The person reviewing the case will make the reconsideration determination based on all evidence used in the initial determination and any additional evidence or information submitted with the appeal. The reviewer must not be involved in the initial determination.

PC refers to all program service centers (PSC), the Office of Disability Operations (ODO), and the Office of Central Operations (OCO). For a list of Title II non-medical reconsideration requests that are the jurisdiction of the PCs, refer to GN 03102.175B.

Any party to the initial determination or any party who shows in writing that their rights may be adversely affected by the initial determination has the right to a reconsideration. For more information about the appeal of an initial determination, see GN 03101.040.

The claimant, appointed representative, representative payee, or other third party on behalf of the claimant can file a request for reconsideration. The SSA employee must provide to the claimant a copy of the request for reconsideration as notification that SSA received the appeal.

NOTE: Effective March 16, 2012, appointed representatives have the affirmative duty to use the iAppeals (i561 (Internet Request for Reconsideration), i501 (Internet Request for Hearing by Administrative Law Judge), and i3441 (Internet Disability Report-Appeal)) application to file a request for reconsideration or a request for hearing on a medically denied claim if they request direct fee payment on that matter. For more information on the policy on affirmative duties for representatives, see GN 03970.010B.

Any writing (SSA-561-U2, letter, facsimile, or email) or timely submission of additional evidence after receiving a notice of initial determination by the claimant, representative payee, or appointed representative which clearly implies disagreement with the initial determination constitutes a request for reconsideration. A signature is not required on a written request for reconsideration.

A claimant may submit the iAppeals i561 to request a reconsideration for a medical or non-medical issue. For information on the iAppeals process for Title II claims, see GN 03101.125 and GN 03101.127.

A request for reconsideration must be in writing. An oral inquiry such as a phone call to the national 800 number network or to a field office (FO) to request forms is not a valid request for reconsideration and does not protect the date of an appeal.

A mere request for information or an explanation of SSA’s determination does not constitute a request for reconsideration.

Actions that are not initial determinations are not subject to reconsideration. For examples of actions that are not initial determinations, see GN 03101.080.

Dismissal of a request for reconsideration is the rejection of or refusal to accept the request. The action makes the prior determination the final determination of the Commissioner. A dismissal is not subject to appeal. For more information on grounds for dismissal of an appeal, see GN 03102.200B.

The appeal period is generally 60 days. The 60 days start the day after the individual receives the notice of the determination or decision. SSA presumes the date that the individual receives the notice is 5 days after the date on the notice, unless the individual can show us they did not receive the notice within the 5 days.

EXCEPTIONS:

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  Do not add 5 days for mailing when you hand the notice to the claimant.

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  Extend the time to include the next full workday when the period for requesting the appeal ends on a Saturday, Sunday, legal holiday, or any other day, all or part of, which is a non-workday for Federal employees.

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  Use the stamp cancellation or “postmark” date on the envelope for a mailed appeal if the receipt date would result in the loss or lessening of the claimant’s rights or benefits. If the postmark is unreadable or there is no postmark, we consider the appeal timely filed if we receive it by the 70^th day after the date on the notice of the determination or decision. For instructions on good cause for extending the appeal period, see GN 03101.020.

A claimant can submit a request for reconsideration to any SSA office, Veterans Administration Regional Office in the Philippines, or any Railroad Retirement Board Office if the claimant has at least 10 or more years or after December 31, 1995 has at least 5 years of railroad service, see RS 01601.110A.1.

SSA may not reconsider a determination on its own motion. However, without a request from the claimant, SSA may correct an error in an initial determination under the rules of administrative finality. For more information on administrative finality, see GN 04001.000.

The notice advises the claimant of the determination and its basis, and informs them of the right to a hearing. If appropriate, an explanation of the expedited appeals process is included.

For instructions on reconsideration notices of determination, see GN 03102.425.

For more information on the expedited appeals process, see GN 03107.000.