Most Social Security disability claims are initially processed through a network of local Social Security Administration (SSA) field offices and state agencies (usually called Disability Determination Services or DDSs).
In judging whether you qualify for disability payments, Social Security uses a five-step evaluation process in reviewing your initial application for disability benefits.
Step 1: SSA will want to know if you are working, even part time or in the gig economy, and earning more than $1,620 per month. (This is the “Significant Gainful Activity” dollar amount for 2025 and is subject to change from year to year.) If you are earning more than this, absent special circumstances Social Security will rule that you are not disabled, and reject your application for benefits.
Step 2: SSA asks the question "Is your condition severe?" That is, do your medical problems interfere with your basic work-related activities? If they do, then Social Security will move on to Step Three.
Step 3: If you pass the first two steps, the SSA will review your medical records to determine whether your disability matches one of the stringent requirements of the conditions included in the “Listing of Impairments” (also known as the “Blue Book”).
Step 4: If your condition doesn’t qualify at Step 3, Social Security will decide if your medical condition prevents you from doing any of the work you have done in the past 5 years. If Social Security determines that you can resume your past work, your claim will be denied. If your medical condition makes it impossible for you to perform your past work, then Social Security will proceed to Step 5.
Step 5: Social Security will look at your situation and decide if you are able to adjust to other work. The burden is on the SSA to prove you can adjust to other work. Social Security will consider your medical condition, your age, education, past work experience, and any transferable skills you may have. If you cannot adjust to other work, your claim likely will be approved. If Social Security believes you can adjust to other work, your claim will be denied.
If your initial application for disability benefits is denied (and about two-thirds of initial applications are denied) you have the right to appeal. The first level of appeal is reconsideration.
A reconsideration in a disability case is the process of requesting a review of an initial denial of Social Security disability benefits. The SSA will re-evaluate your claim using the same evidence from the initial application, plus any new evidence you provide, to determine if the original decision was correct; essentially, it's the first step in the appeals process if you disagree with the initial denial.
A new SSA employee who was not involved in the first decision will review your case during reconsideration. You can submit additional medical records, doctor's notes, or other relevant documents to support your claim during the reconsideration process. You must file a request for reconsideration within a specific timeframe (usually 60 days) after receiving the initial denial notice.
Unfortunately, the approval rate in the reconsideration phase is dismally low, only about 10% of disability cases are approved during this phase of the appeals process. Nevertheless, you should take reconsideration very seriously, because all evidence submitted during a disability reconsideration becomes part of your case file. It will be used if you appeal the reconsideration ruling and pursue the next level of appeal—an in-person hearing before an Administrative Law Judge.
In general, our recommendation for disability applicants is not to give up after a denial at the initial application stage or even after an adverse reconsideration ruling. Most disability cases are won with an appeal hearing. (Because each disability case is unique, you should consult with a disability attorney for your specific situation. At Cuddigan Law we offer a free, no-strings-attached initial consultation.)
Here is how you should prepare for reconsideration:
- Review the denial letter:
Carefully analyze the reasons cited for your initial denial to understand where your claim may be lacking.
Contact your doctors to request updated medical records, treatment summaries, and any new test results that support your disability claim.
- Consider legal representation:
An attorney that focuses exclusively on disability law can help you navigate the reconsideration process, gather necessary evidence, and craft a compelling argument.
The road to winning Social Security disability benefits is long and difficult to navigate. Skilled attorneys who focus exclusively on disability law know how to advocate for you through the process. If you are disabled and are considering filing for the benefits you have rightfully earned or if your application for benefits has been turned down, don’t give up. Contact us at Cuddigan Law for a free evaluation of your case. At Cuddigan Law you have a dedicated team of professionals in your corner who understand the system and who will fight for your rights. And we only get paid when you win your case.
