Most states feature three basic levels of the Social Security disability process. There is the initial application for disability benefits, which is typically denied, followed by the Request for Reconsideration level, which is also usually denied, followed by the Request for Hearing before an Administrative Law Judge (ALJ). Most cases, if appealed, end up before an ALJ, but some states, through an initiative from Social Security a few years ago, skip the Reconsideration phase of the process and Social Security is now thinking about reinstating the Reconsideration phase in these states.
A congressional hearing was held on the matter July 26 and members of the House Ways and Means Social Security Subcommittee opposed any immediate plans to bring back the Reconsideration phase until a new Social Security commissioner is confirmed by the Senate. Earlier this year Trump nominated Andrew Saul to become the new commissioner, but he has yet to be confirmed. The 10 states that currently skip the Reconsideration phase of the Social Security disability process are Alabama; Alaska; California (Los Angeles North and Los Angeles West branches); Colorado; Louisiana; Michigan; Missouri; and New Hampshire. A total of 11 members of Congress signed a letter sent to Nancy Berryhill, Social Security’s acting commissioner, urging that Social Security hold off on the change because there is no evidence it would reduce the massive Social Security hearing backlog.
“While we agree that Social Security needs a consistent, nationwide appeals process, there is little evidence to show that Reconsideration is a meaningful step in the disability appeals process,” the letter said. A copy of the entire letter can be found here.
The hearing wait times are consistent throughout hearings offices all across the country, and there is no indication that states that skip the Reconsideration phase have longer wait times than the states that still feature the Reconsideration phase.
