Key Takeaways
- If your initial Social Security Disability (SSD) or Supplemental Security Income (SSI) claim was denied in New Mexico, the first step in appealing is the Reconsideration stage.
- Disability Reconsideration is a full review of your claim by a different Disability Determination Services (DDS) examiner in New Mexico, who will re-evaluate your medical evidence and work history.
- The average processing time for Reconsideration decisions in New Mexico is about 90 days, but times can vary depending on workload and office capacity.
- Understanding how to prepare for Reconsideration, gather new evidence, and navigate the process can significantly improve your chances of approval.
What is Disability Reconsideration?
When you apply for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits, your claim is evaluated by New Mexico’s Disability Determination Services (DDS). If your claim is denied initially, you have the right to appeal. The first step in the appeals process is called Disability Reconsideration.
Reconsideration involves a complete new review of your case by a different disability examiner and medical consultant at DDS. They will look at all the evidence you originally submitted plus any new medical records or information you provide. This is not just a quick check; it is a thorough re-evaluation to determine if you meet the Social Security Administration’s (SSA) criteria for disability.
Why Was My Disability Claim Denied?
Understanding why your claim was denied initially helps you prepare a stronger appeal at Reconsideration. Common reasons for denial in New Mexico include:
- Insufficient medical evidence supporting a severe impairment
- Medical records not showing inability to perform any work
- Work history not meeting SSA’s insured status requirements for SSDI
- Noncompliance with prescribed treatment without good cause
- Failure to follow up with SSA requests for additional information
Your initial denial letter from SSA will include a detailed explanation of why your claim was denied, including which parts of the evidence were lacking. Reviewing this carefully is critical before submitting your Reconsideration request.
How to File for Disability Reconsideration in New Mexico
Filing for Reconsideration is straightforward but must be done within 60 days from the date you receive your denial letter. Here is how to proceed:
Step 1: Review Your Denial Notice
Your denial letter will include a form titled “Request for Reconsideration” or instructions for how to ask for an appeal. It also lists deadlines and contact information. Make sure to file your request on time.
Step 2: Submit Your Request
You can request Reconsideration in New Mexico by:
- Calling the SSA National 800 Number at 1-800-772-1213 and requesting Reconsideration
- Visiting your local SSA field office in New Mexico (locations include Albuquerque, Las Cruces, Santa Fe, and others)
- Submitting your request online through your my Social Security account at SSA.gov
Step 3: Gather New Evidence
This is your chance to strengthen your case. Collect any new medical records, doctor’s statements, test results, or other documentation that supports your disability claim since your initial application.
Step 4: Complete Required Forms
SSA may send you forms such as:
- SSA-3368: Disability Report — update your medical and work information
- SSA-827: Authorization to Disclose Medical Information — allows SSA to get records from your providers
- Any other forms requested by DDS or SSA during Reconsideration
What Happens During the Disability Reconsideration Process?
Once your Reconsideration request is received, New Mexico DDS will:
1. Assign your case to a different disability examiner and medical consultant than those who handled your initial claim.
2. Review all the medical records and evidence submitted initially plus any new evidence.
3. Possibly request additional medical examinations (called consultative exams) if existing evidence is insufficient.
4. Evaluate whether your impairments meet or equal a listing in the SSA Blue Book or if you can perform past work or other work in the economy.
5. Issue a new decision approving or denying your disability benefits claim.
Understanding the Timelines for Reconsideration in New Mexico
Disability Reconsideration can take several months. Below is an overview of typical timeframes:
| Stage | Average Processing Time in New Mexico |
|——————————-|—————————————-|
| Initial Disability Decision | 3 to 5 months |
| Request for Reconsideration | 3 months (90 days) |
| Request for Hearing (if denied)| 8 to 12 months (hearing wait times vary) |
| Appeals Council Review | 12 to 18 months |
Note: New Mexico hearing offices tend to have longer wait times for Administrative Law Judge (ALJ) hearings, making successful Reconsideration approval even more important to avoid lengthy delays.
Tips to Improve Your Chances at Reconsideration
1. Submit New and Detailed Medical Evidence
New Mexico DDS relies heavily on up-to-date medical records. Include:
- Recent doctor’s notes describing your symptoms and limitations
- Results of any new tests or imaging
- Statements from treating physicians addressing your functional capacity
- Records of prescribed medications and treatment compliance
2. Follow the SSA Blue Book Listings
The SSA Blue Book lists impairments that automatically qualify for disability if you meet the criteria. For example, if you have a musculoskeletal disorder, respiratory condition, or mental health impairment, your medical records should clearly show that you meet or equal the Blue Book listing requirements.
You can review the Blue Book online at SSA.gov’s Blue Book.
3. Be Thorough and Honest
Provide complete and truthful information about your work history, daily activities, treatments, and limitations. Omissions or contradictions could delay your case or result in denial.
4. Consider Getting Help
Social Security laws and medical criteria are complex. Consulting with a qualified disability attorney or benefits consultant who understands New Mexico’s DDS process can make a significant difference.
What if My Disability Reconsideration is Denied?
If your Reconsideration is denied in New Mexico, you can request a hearing before an Administrative Law Judge (ALJ). This is the third step in the appeal process and involves a hearing where you can present evidence and testimony in person or via video.
Given the longer wait times for ALJ hearings in New Mexico, it’s important to prepare carefully and consider legal representation to improve your chances.
New Mexico DDS Contact and Office Information
For questions or submissions related to Disability Reconsideration, you can contact:
New Mexico Disability Determination Services Office
Address: 5301 Central Ave NE, Suite 300, Albuquerque, NM 87108
Phone: (505) 841-4700
Hours: Monday – Friday, 8:00 AM – 5:00 PM
For SSA field office locations in New Mexico, visit SSA Field Office Locator.
Summary Table: Social Security Disability Appeals Process in New Mexico
| Appeal Stage | Description | Timeframe (Approximate) | Approval Rate (NM Average) |
|—————————-|————————————————|—————————–|—————————-|
| Initial Application | First evaluation of your claim by NM DDS | 3-5 months | 25-30% |
| Reconsideration | Full case review by different NM DDS examiner | 3 months | 10-15% |
| Hearing (ALJ) | In-person or video hearing with judge | 8-12 months (wait time) | 40-50% |
| Appeals Council | Review of ALJ decision | 12-18 months | 10-15% |
| Federal Court | Last resort appeal in U.S. District Court | 2+ years | 5-10% |
*Approval rates and timelines vary by case type and location.
Frequently Asked Questions (FAQs)
1. How long does it take to get a decision on Reconsideration in New Mexico?
Typically, it takes about 90 days (3 months), but it can vary depending on the volume of claims and the complexity of your case.
2. Can I add new medical evidence at the Reconsideration stage?
Yes. In fact, submitting new and updated medical evidence can improve your chances of approval.
3. What if I miss the 60-day deadline to request Reconsideration?
You can ask SSA to extend the deadline if you have a good reason, but extensions are not guaranteed. Missing the deadline can mean losing your appeal rights.
4. Do I have to attend any appointments during Reconsideration?
Sometimes SSA or DDS may request a consultative medical exam if your records are incomplete. Attendance is important to avoid denial.
5. Should I hire a lawyer for my Reconsideration appeal?
While not required, many claimants benefit from consulting a disability attorney or accredited representative who understands New Mexico’s DDS process and SSA rules.
Final Thoughts
Facing a disability denial can be overwhelming and scary, especially with the uncertainty of what comes next. The Reconsideration stage is your first real opportunity to get a fresh look at your application in New Mexico. Preparing carefully, submitting strong evidence, and understanding the process can make a big difference.
If you feel confused or unsure about how to proceed, I strongly recommend consulting a qualified Social Security disability attorney who knows the nuances of New Mexico’s DDS and SSA system. A knowledgeable advocate can guide you step-by-step, help you avoid mistakes, and maximize your chances of getting the benefits you deserve.
Written by Michael T. Hargrove, former SSA Claims Examiner and Disability Benefits Consultant.