What the 2019 Reconsideration Waiver Form Does

The 2019 Reconsideration Waiver Form (also called the Reconsideration Waiver Request) lets you skip the standard reconsideration step and move directly to a hearing before an administrative law judge if Social Security denies your SSDI claim. Massachusetts uses this form as part of the federal Appeals Council's Reconsideration Waiver project, which has been in place since 2019.

When you file this waiver, you are telling Social Security: "I do not want Social Security to review my denial again. I want to go straight to a hearing instead." This can save you months of waiting, because the standard reconsideration process typically takes three to six months, while a hearing request can move faster in some cases.

The form itself is short—usually one or two pages—and asks you to confirm that you understand what you are giving up (the reconsideration review) and that you want to proceed to a hearing instead.

Key Takeaways

  • The Reconsideration Waiver Form lets you skip reconsideration and go straight to a hearing before a judge, which can be faster than waiting for Social Security to review your denial a second time.
  • You can only use this form if Social Security has already denied your initial SSDI claim and you are in the reconsideration stage—not before a denial or after a hearing has already started.
  • Filing the waiver does not may provide a faster hearing date; it depends on your local hearing office's backlog and whether you have a representative.
  • You must file the waiver within 60 days of receiving your denial notice, or you lose the right to reconsideration and must request a hearing through the standard process instead.
  • Massachusetts residents should file the form with the Social Security office that issued the denial, not with the Appeals Council.

When You Can Use the Reconsideration Waiver Form

You can file the Reconsideration Waiver Form only at a specific moment in the appeal timeline: after Social Security has denied your initial SSDI claim and you have received a written denial notice, but before you have requested a reconsideration review or a hearing.

The form does not work if you have already asked for reconsideration. It also does not work if you are appealing a reconsideration denial—in that case, you would request a hearing directly without using a waiver. And it does not work if your hearing has already been scheduled or held.

In Massachusetts, the form is available through the Social Security Administration's website and through your local Social Security office. If you have a representative (a lawyer or non-lawyer advocate), they can file it on your behalf.

What You Give Up by Filing the Waiver

When you file the Reconsideration Waiver Form, you are waiving your right to have Social Security review your case a second time before a judge sees it. This means Social Security will not send your file to a different examiner to look at your medical evidence and work history again.

For most people, this is not a major loss, because reconsideration denials happen in roughly 85 to 90 percent of cases—the second review rarely reverses the initial decision. However, if your case involves new medical evidence that you believe Social Security missed the first time, or if you believe the initial decision was clearly wrong, you may want to request reconsideration instead and give Social Security a chance to change its mind before a hearing.

Once you file the waiver, you cannot change your mind and ask for reconsideration instead. You are committed to the hearing path.

How to File the Form in Massachusetts

You can file the Reconsideration Waiver Form in three ways: by mail, in person at your local Social Security office, or through your representative if you have one.

By mail: Print the form from the Social Security website (SSA.gov), sign it, and mail it to the Social Security office that issued your denial notice. The address will be on your denial letter. Keep a copy for your records and consider sending it certified mail so you have proof of the filing date.

In person: Bring the completed form to your local Social Security office in Massachusetts. Ask for a receipt showing the date you filed. You can find your local office on SSA.gov by entering your zip code.

Through a representative: If you have hired a lawyer or non-lawyer representative, they can file the form on your behalf. They should have a copy of the form and know the filing important date.

The 60-Day important date and What Happens If You Miss It

You must file the Reconsideration Waiver Form within 60 days of the date on your denial notice. This is a hard important date. If you file after 60 days, Social Security will not accept the waiver.

If you miss the important date, you have two options. First, you can request a standard reconsideration review, which must also be filed within 60 days of the denial notice. If that 60-day window has also closed, you can request a hearing directly, but you will have to explain to the judge why you missed the reconsideration important date. The judge may grant you a "good cause" exception if you have a valid reason (for example, you did not receive the denial notice, or you were hospitalized).

To avoid confusion, mark the 60-day important date on your calendar as soon as you receive the denial letter. If you have a representative, they should track this important date for you.

What Happens After You File the Waiver

After you file the Reconsideration Waiver Form, Social Security will send you a notice confirming that your waiver was accepted and that your case is now in the hearing queue. This notice will tell you that you have waived reconsideration and that your next step is a hearing before an administrative law judge.

You will not hear from Social Security again until the hearing office schedules your hearing. Depending on the backlog at your local hearing office, this can take anywhere from a few months to over a year. Massachusetts hearing offices typically have significant backlogs, so do not expect a quick hearing date.

While you wait for your hearing, you can submit additional medical evidence to Social Security. Send it to the address on your waiver acceptance notice and ask for a receipt. This evidence will be added to your file before the judge reviews it.

Reconsideration Waiver vs. Standard Reconsideration: Which Is Faster?

The Reconsideration Waiver Form is designed to save time by skipping the reconsideration step, but the actual time savings depend on your local hearing office's backlog. In Massachusetts, hearing offices are often backlogged, so the time from waiver filing to hearing can be 12 to 24 months or longer.

Standard reconsideration typically takes three to six months, after which you would request a hearing if reconsideration is denied (which it usually is). So the total time from denial to hearing using the standard path is often six to nine months.

In theory, the waiver saves you three to six months by skipping reconsideration. In practice, if your hearing office is severely backlogged, you might wait longer overall because you are not getting the reconsideration decision in the meantime. There is no way to know in advance which path will be faster for your specific case.

Frequently Asked Questions

Can I file the Reconsideration Waiver Form if I already have a representative?

Yes. Your representative can file the form on your behalf, and they should do so if you both agree that skipping reconsideration makes sense for your case. Make sure your representative understands the important date and the tradeoffs before they file.

What if I file the waiver but then change my mind and want reconsideration instead?

You cannot withdraw the waiver once it is filed. You are committed to the hearing path. If you are unsure whether to file the waiver, talk to your representative or call your local Social Security office before submitting the form.

Does filing the Reconsideration Waiver Form may provide a faster hearing date?

No. The waiver skips the reconsideration step, but it does not move you ahead in the hearing queue. Your hearing date depends on the backlog at your local office. In Massachusetts, backlogs are significant, so you may wait many months for a hearing regardless of whether you filed a waiver.

Can I submit new medical evidence after I file the waiver?

Yes. Send new evidence to the address on your waiver acceptance notice and request a receipt. The evidence will be added to your file before your hearing. However, do not assume the judge will see it—submit it early and follow up to confirm receipt.

What is the difference between the Reconsideration Waiver Form and a standard reconsideration request?

A standard reconsideration request asks Social Security to review your denial again before you see a judge. The Reconsideration Waiver Form skips that step and sends your case directly to a hearing. Use the waiver if you want to move toward a judge quickly; use standard reconsideration if you want Social Security to take another look at your medical evidence first.