Understanding the Disability Appeal Process

Applying for Social Security Disability benefits can be overwhelming, especially when your initial application is denied. Many applicants in New Mexico find themselves discouraged after receiving a denial letter, but it’s important to know that this is just the first step in a longer process.

The Social Security Administration (SSA) allows you to appeal a denial through several stages, beginning with reconsideration. This stage is a critical opportunity to have your case reviewed again — but under different eyes.

At Roeschke Law, LLC, we help disability claimants across Albuquerque and throughout New Mexico navigate every phase of the appeals process. Our bilingual team serves both English and Spanish-speaking clients, ensuring that every individual has equal access to representation and information about their rights.

What Is the Reconsideration Stage?

The reconsideration stage is the first formal step in the Social Security Disability appeal process. If your initial application for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) is denied, you can request that the SSA take another look at your claim.

During reconsideration, your entire application — including medical records, work history, and supporting documentation — is re-evaluated by someone who was not involved in the original decision. This means that a new claims examiner and medical consultant will review your file to determine whether the initial decision was correct.

You must file your request for reconsideration within 60 days of receiving your denial notice. Missing this deadline may force you to start your application over, losing valuable time and backpay eligibility.

Reconsideration applies to both SSDI and SSI claims, and while the process is mostly administrative, it is an important step that can set the stage for a stronger appeal if you need to move on to a hearing before an Administrative Law Judge (ALJ).

What Happens During the Reconsideration Process?

When you submit your reconsideration request, you can (and should) include new evidence that strengthens your case. The SSA will review:

  • Updated medical records and test results since your initial application.
  • Statements from healthcare providers describing how your condition affects your ability to work.
  • New diagnoses or treatment changes that may show your disability has worsened.
  • Additional work history or income information, if applicable.

The process typically follows these steps:

  1. Submit your reconsideration request using the forms provided by the SSA or through their online portal.
  2. The Disability Determination Services (DDS) office in New Mexico assigns your case to a new examiner.
  3. The examiner reviews your updated file, including new medical and non-medical evidence.
  4. A decision is issued, either approving your claim or affirming the previous denial.

Throughout this process, having legal representation can make a significant difference. At Roeschke Law, LLC, we make sure all deadlines are met, medical updates are submitted correctly, and your appeal file is as complete as possible.

How Often Are Reconsiderations Approved in New Mexico?

Reconsideration is often one of the most challenging stages of the disability process because approval rates at this level are relatively low nationwide — generally around 10% to 15%. In New Mexico, the percentage can vary slightly depending on regional SSA workloads, the nature of the disability, and the strength of the evidence presented.

While this might sound discouraging, the reconsideration stage serves an important strategic purpose: it allows your attorney to identify weaknesses in your case, correct administrative issues, and build a stronger record before proceeding to a hearing.

Many successful disability claims are approved later in the process, particularly at the Administrative Law Judge (ALJ) hearing stage, where claimants can testify in person and provide additional context for their conditions.

In short, even if your reconsideration appeal is denied, it is still a necessary and valuable part of your path to approval.

Why Are So Many Reconsideration Appeals Denied?

There are several reasons why reconsideration approvals are rare:

  • Limited new evidence: If your medical documentation hasn’t changed much since your original filing, the new examiner may reach the same conclusion.
  • Procedural or technical issues: Missing forms, incomplete records, or discrepancies in your work history can lead to a repeat denial.
  • Inconsistent medical opinions: If your doctor’s statements don’t align with SSA standards for disability, your evidence may not meet the required threshold.
  • Subjective medical conditions: Disabilities involving chronic pain, fatigue, or mental health disorders can be harder to prove through objective testing.

The key to improving your chances at this stage is providing strong, detailed medical evidence that directly connects your condition to your inability to perform substantial gainful activity.

Our team helps clients coordinate with their doctors to ensure medical records are complete and written in a way that meets SSA’s strict evidentiary standards.

How Can You Improve Your Chances of Success at Reconsideration?

While the odds at reconsideration may seem low, there are several ways to make your appeal more persuasive:

  1. Provide updated medical evidence. Submit all new treatment records, test results, and physician notes since your first application.
  2. Ask your doctor to complete a Residual Functional Capacity (RFC) form. This form details how your condition limits your ability to perform work tasks.
  3. Write a detailed personal statement. Explain how your disability affects your daily life, mobility, concentration, or stamina.
  4. Ensure accuracy in your work history. SSA examiners compare your claimed limitations to your previous jobs — clarity matters.
  5. Get professional representation. An attorney familiar with New Mexico’s SSA offices and disability examiners can ensure no evidence is overlooked.

At Roeschke Law, LLC, we take a hands-on approach to every case. We help clients gather the most compelling medical records, coordinate statements from treating providers, and prepare for the next step if the reconsideration is denied.

What Happens After a Reconsideration Denial?

If your claim is denied again at reconsideration, don’t give up. The next stage is a hearing before an Administrative Law Judge (ALJ) — and many claims that fail at reconsideration are approved here.

At the ALJ hearing, you or your attorney can present your case in person, introduce additional evidence, and cross-examine vocational or medical experts. It’s a more personalized process, and the judge has more discretion to consider your credibility and testimony.

Our firm frequently represents clients at this level and beyond. We help prepare clients for testimony, review case files in detail, and make sure every aspect of your disability claim is properly documented.

Why Local Legal Support in Albuquerque Matters

Disability cases in New Mexico are handled through regional SSA offices, and knowing how these offices operate can make a real difference. Local attorneys understand the nuances of the Albuquerque Disability Determination Services and how to effectively communicate with examiners and administrative staff.

At Roeschke Law, LLC, we also assist Spanish-speaking clients, ensuring that language barriers never prevent someone from accessing the benefits they deserve. We’re proud to represent individuals throughout New Mexico who are struggling with disabilities and need a compassionate, knowledgeable legal team on their side.

Contact Roeschke Law, LLC in Albuquerque

Facing a disability denial can feel frustrating, but reconsideration is just one step toward securing the benefits you deserve. With careful preparation and professional guidance, you can strengthen your case and move closer to approval.

If your Social Security Disability claim has been denied in New Mexico, contact Roeschke Law, LLC at 505-407-0072. Our Albuquerque disability attorneys represent clients throughout New Mexico — including both English and Spanish speakers — and help them navigate every stage of the appeal process with confidence and care.

We’re here to protect your rights, guide you through each step, and help you fight for the benefits you’ve earned.