Key Takeaways
- Disability Reconsideration is the first formal appeal step after an initial denial of your Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claim in Delaware.
- You have 60 days from your denial notice date to request reconsideration by submitting the required forms to the Delaware Disability Determination Services (DDS).
- Delaware’s DDS office processes reconsideration claims, but processing times can be lengthy—often 3 to 6 months or longer—so it’s important to act quickly and prepare properly.
- Understanding Delaware’s specific reconsideration approval rates and hearing wait times can improve your chances of success and help you plan your next steps.
If your initial Social Security disability claim was denied in Delaware, you are not alone—and you have options. This guide walks you through the disability reconsideration process specific to Delaware, what to expect, and how to improve your chances of approval.
What is Disability Reconsideration?
Disability Reconsideration is the first level of appeal after your initial application for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits is denied. When your claim is denied, you have 60 days from the date on your denial letter to request reconsideration.
Reconsideration means that a different set of disability examiners and medical professionals at the Delaware Disability Determination Services (DDS) office will review your claim and medical evidence anew. They will decide whether you meet the Social Security Administration’s (SSA) criteria for disability based on a fresh evaluation.
Why Reconsideration Matters
Approximately 65-70% of initial disability claims are denied nationally, and Delaware’s rate is similar. The reconsideration step gives you a chance to submit new medical evidence or clarify your medical conditions before moving to more formal appeals, such as an administrative law judge (ALJ) hearing.
If your claim is approved at reconsideration, you start receiving benefits without waiting months or years for a hearing. However, if your claim is denied again, you can escalate to the next appeal level—requesting a hearing before an ALJ.
Delaware-Specific Disability Reconsideration Process
Who Handles Reconsideration Requests in Delaware?
Disability reconsideration requests in Delaware are handled by the Delaware Disability Determination Services (DDS) office, part of the state’s Department of Health and Social Services, working closely with the federal SSA.
The Delaware DDS office collects your medical records, consults with medical experts, and determines whether you meet the SSA Blue Book criteria or have a medical condition that prevents you from working.
How to Request Reconsideration in Delaware
1. Review your denial letter carefully. The letter from SSA will explain why your claim was denied and include a form or instructions on how to request reconsideration.
2. Complete the Request for Reconsideration form (Form SSA-561). You can find this form on the official SSA website or by calling your local SSA office in Delaware.
3. Submit your request within 60 days of the denial notice date. Timely filing is critical. Late requests are usually not accepted, and you will lose your appeal rights.
4. Include any new or additional medical evidence. This could be updated doctor’s notes, test results, or hospital records that support your claim.
5. Mail or deliver your request to the SSA or Delaware DDS office as instructed.
Delaware DDS Office Contact Information
- Address: Delaware Disability Determination Services, 1901 N. DuPont Highway, New Castle, DE 19720
- Phone: (302) 255-9480
- Website: Delaware DDS
Tips for Delaware Claimants
- Keep copies of everything you submit.
- Request your medical records early.
- Consider working with a disability benefits consultant or attorney who knows Delaware’s DDS procedures.
What Happens During the Reconsideration Review?
Once your reconsideration request is received, Delaware DDS will:
1. Gather all medical evidence. This includes records from your doctors, hospitals, therapists, and any new evidence you provide.
2. Review your case with a new disability examiner and medical consultant. They look for proof that your condition meets or equals a listing in the SSA Blue Book. The Blue Book defines disabling medical conditions by body system and severity.
3. Make a decision. The DDS will issue a written decision to approve or deny your claim.
How Long Does Delaware Reconsideration Take?
Processing times vary, but you should expect around 3 to 6 months or more. Delaware’s DDS office is generally faster than some states, but delays can happen, especially if additional medical evidence or consultative exams (CEs) are needed.
Delaware Disability Reconsideration Approval Rates and Statistics
Understanding Delaware’s approval rates and timelines can help you set realistic expectations.
| Category | Delaware Average / Data | National Average |
|————————————-|——————————-|—————————–|
| Initial Disability Claim Denial Rate| ~65-70% | ~65-70% |
| Reconsideration Approval Rate | 10-15% | ~13% |
| Average Reconsideration Processing Time | 90-180 days | 120-180 days |
| Waiting Time for ALJ Hearing (if denied again) | 12-18 months | 12-18 months |
Sources: SSA.gov, Delaware DDS, Social Security Administration Disability Data
The low reconsideration approval rate means you should carefully prepare your appeal and submit all relevant medical evidence. If you are denied again, the next step is requesting a hearing before an administrative law judge (ALJ), which usually takes longer but has a higher approval rate.
How to Improve Your Chances of Approval at Reconsideration in Delaware
1. Submit Strong Medical Evidence
The most important factor is medical proof that your condition prevents you from performing substantial gainful activity (SGA). Delaware DDS examiners will look for:
- Objective medical tests (X-rays, MRIs, blood tests)
- Detailed physician notes describing limitations and symptoms
- Treatment history documenting ongoing impairments
- Function reports from you or family describing daily difficulties
2. Use the SSA Blue Book as a Guide
The SSA Blue Book lists impairments that qualify you for benefits. Review the Blue Book to understand if your condition meets or equals a listing.
- Delaware DDS uses the Blue Book as the standard.
- If your condition does not meet a listing exactly, show how it equals a listing in severity.
3. Attend Consultative Exams (CEs) if Requested
Delaware DDS may schedule you for a CE with an independent doctor. Attend these exams punctually and provide honest, detailed information.
4. Consider Legal or Expert Help
Applying on your own is possible, but many Delaware claimants benefit from hiring a disability attorney or a Certified Benefits Counselor. These professionals can help:
- Gather and organize medical evidence
- Fill out forms correctly (SSA-3368, SSA-827 for medical release)
- Prepare you for consultative exams
- Represent you in appeals and hearings
What if Reconsideration Denies Your Claim Again?
If Delaware DDS denies your claim at reconsideration, don’t lose hope. The next step is to request a hearing before an Administrative Law Judge (ALJ). These hearings are held at the SSA Hearing Office serving Delaware residents.
Delaware ALJ Hearing Office Information
- Hearing Office: Philadelphia Hearing Office (handles Delaware claims)
- Average Wait Time: 12 to 18 months for a hearing date
- Approval Rate: ALJs approve approximately 45-55% of cases
How to Request a Hearing
You must request a hearing within 60 days of the reconsideration denial letter. Use Form HA-501 or request a hearing online at SSA.gov.
Important Delaware Resources for Disability Claimants
- Delaware Disability Determination Services: Delaware DDS
- Social Security Administration Local Offices in Delaware:
– Wilmington SSA Office: (800) 772-1213
– Dover SSA Office: (800) 772-1213
- Social Security’s Disability Benefits Page: SSA Disability
- Delaware Legal Aid Organizations: Provide free or low-cost legal help for disability claimants
Frequently Asked Questions
1. How long do I have to request reconsideration in Delaware?
You have 60 days from the date on your initial denial letter to file a request for reconsideration. It’s crucial to act within this deadline to preserve your appeal rights.
2. Can I submit new medical evidence during reconsideration?
Yes. New or additional medical evidence can strengthen your claim. Be sure to send updated records, test results, or physician statements with your reconsideration request.
3. What if Delaware DDS requests a consultative exam?
You must attend the exam. DDS uses consultative exams to get an independent medical opinion. Missing the exam without a good reason can harm your claim.
4. What if my reconsideration is denied?
You can request a hearing before an Administrative Law Judge (ALJ). The hearing is your chance for a formal appeal with legal representation and witness testimony.
5. How do Delaware wait times compare nationally?
Delaware’s reconsideration processing times are slightly faster than many states, averaging around 3-6 months, but ALJ hearing wait times are similar at 12-18 months.
Final Thoughts and Next Steps
I understand how scary and overwhelming it can be to face a disability claim denial. Delaware’s reconsideration process is your first opportunity to appeal and get your claim re-evaluated. The key is to act quickly, submit strong medical evidence, and prepare carefully.
If you are uncertain about navigating this complex process, I strongly recommend consulting a disability attorney or a certified disability benefits counselor familiar with Delaware’s DDS procedures. They can help you avoid common pitfalls, meet deadlines, and improve your chances of receiving the benefits you deserve.
Written by Michael T. Hargrove, former SSA Claims Examiner and Disability Benefits Consultant.