Reconsideration vs. Hearing: Which Stage Matters More and Why Many Wins Happen Later

After an SSDI or SSI denial, most claimants who continue the case move through two common appeal stages: reconsideration and a hearing before an Administrative Law Judge (ALJ). 

The stages serve different roles in the process and understanding what each one does helps you focus on what matters: preserving deadlines, developing evidence, and preparing for the stage where testimony and vocational issues are evaluated directly.

Stage One: Reconsideration

Reconsideration is typically the first appeal level after an initial denial. Social Security describes it as a complete review of your claim by someone who did not take part in the first determination, including the evidence already in the file and any new evidence that is obtained or submitted.

What Typically Happens at Reconsideration

• A different reviewer evaluates your file again.
• There is usually no in-person hearing at this stage for most disability claims.
• The decision is made primarily on the written record.

Why Reconsideration Often Does Not Resolve the Case

Reconsideration uses the same underlying disability framework as the initial decision. If the appeal is filed but the record is not meaningfully improved, the outcome often does not change.

Reconsideration tends to be most useful when it is treated as a record-building phase, not a “send it back and wait” phase.

The Practical Purpose of Reconsideration

For many claimants, reconsideration functions as a required step that preserves the path to the next stage. Just as important, it can be used to identify and correct the issues that caused the denial while the case is still moving.

Each stage of an SSD appeal requires a different strategy. Contact us or call Carmichael Law Group today at (888) 687-6022.

Stage Two: Hearing Before an Administrative Law Judge

If reconsideration is denied, the next step is usually a hearing request. The hearing is different in structure and in the type of evidence that can be addressed.

Social Security explains that at a hearing, the ALJ explains the issues and may question you and any witnesses. Witnesses answer questions under oath or affirmation, and the hearing is recorded. The ALJ may also call other witnesses, including a vocational expert and sometimes a medical expert. Your representative is permitted to question witnesses who appear at the hearing.

What Makes the Hearing Stage Different

• Testimony is taken, and the judge can ask follow-up questions.
• Vocational issues are often addressed in real time through vocational expert testimony.
• The judge reviews the record in full and applies the rules to the evidence developed over the life of the claim.

For many claimants, this is the first stage where the case is evaluated in a setting that allows direct clarification of work limits, symptom impact, and vocational assumptions.

Why Approvals Often Occur Later in the Process

A large share of disability approvals happen at the hearing level. SSA’s published statistics show that hearing-level outcomes have historically produced a higher allowance rate than reconsideration.

That pattern is not necessarily because someone became more disabled overnight. It is often because:

• The record is more complete by the time a hearing occurs.
• Treating history is longer, with more longitudinal documentation.
• Vocational issues are addressed directly instead of assumed.
• The claimant can testify and clarify functional limitations.

How the Two Stages Work Together

Even if reconsideration does not result in an approval, it is not wasted time unless it is treated like downtime. The strongest hearing cases are often built during the reconsideration and pre-hearing phases.

That preparation often includes:

• Gathering missing medical records and filling gaps in treatment history
• Updating specialist care and diagnostic testing when relevant
• Obtaining functional limitation support that ties symptoms to work restrictions
• Identifying the specific reasons for the denial and correcting them
• Evaluating vocational factors such as age category and transferable skills

When reconsideration time is spent building the record, the hearing is no longer a scramble.

Call (888) 687-6022 or contact us online for a free consultation. No fee unless you win.