David Camp, Senior Policy Advisor

For decades, the NOSSCR community has had to help clients while they wait months for a “reconsideration” decision that everyone knows will be a near-verbatim copy of the initial denial. We have called it a “rubber stamp,” a “redundant step,” and a “built-in delay.”

Last week, our collective advocacy, fueled by your stories and the relentless efforts of our members, reached a milestone. On April 24, 2026, Congresswoman Valerie Foushee (NC-04) introduced the Respecting Every Claimant’s appeal Options Now (RECON) Act. This legislation represents a shift in our strategy—moving from a call for the total elimination of reconsideration to a more nuanced, “claimant-election” approach: making the process optional.

This is more than just a procedural change; it is an addition to the due process rights of the Americans who rely on the integrity of the disability claims system.

To understand why the RECON Act is necessary, we must look at the atrocious wait times currently facing our clients. As of 2026, Social Security still has a backlog of more than 800,000 pending applications. Currently, when an applicant receives an initial denial, they are required to complete the reconsideration review—a second look by the same state DDS office—before they can request a hearing before an ALJ. This step adds an average of roughly 8 months to the process, yet it produces a different outcome in under 20% of cases. For the overwhelming majority of claimants, reconsideration is simply a roadblock that keeps them away from the step where they have a genuine opportunity to be heard: a hearing before a judge.

The RECON Act: How it Works

The legislation is a focused and short amendment to the Social Security Act. The bill amends Title II and Title XVI, specifically Section 205(b)(1) (for SSDI) and Section 1631(c)(1)(A) (for SSI). The language is simple: “The Commissioner may not require reconsideration of the initial decision or determination prior to the hearing.” This one sentence transforms the entire claims process. It empowers the claimant to decide: “Do I want the DDS to take another look, or do I want to move directly to a hearing?” If passed, the amendments would apply to any initial decision or determination made on or after the date that is one year after the date of enactment. This gives the SSA a necessary “runway” to adjust its internal systems and staffing. There would be no change to the reconsideration step on termination/cessation cases.

Why Choice Wins

NOSSCR’s position on reconsideration has evolved. In 2023, we testified before the House Ways and Means Subcommittee, advocating for the total elimination of the stage. We pointed to the success of the 20-year pilot program (1999–2018) in 10 states where reconsideration was eliminated, which allowed claimants to receive benefits months sooner without sacrificing accuracy. However, by 2026, our advocacy strategy has refined. We now support optional reconsideration.

Why the Change?

Some cases are successfully resolved at reconsideration—roughly 7.8% of all awarded claims in FY 2024. For a claimant with new, definitive medical evidence, a quick “recon” award could be better than a wait for a hearing. By making it optional rather than eliminating it, we maintain every avenue of review while allowing most to bypass the delay. Social Security spends a billion dollars every two years on reconsideration–funds better allocated to quality. By allowing claimants to waive reconsideration, Social Security can redirect resources—and examiners—to the backlog of initial claims, where an increase in quality is so badly needed.

Our Allies and Advocates

NOSSCR is not alone in this fight. The RECON Act is a product of a broad coalition of advocates who recognize that the current system is failing our clients. We look ahead to working with our advocacy partners on this compelling improvement. A special shout-out is due to our North Carolina members, whose local advocacy was instrumental in Rep. Foushee’s leadership on this bill. Rick Fleming, NOSSCR Past President, noted that “Empowering claimants with the option to skip a year of unnecessary delay… will save lives.”  Ashley Sappenfield, NOSSCR Treasurer, echoed this, stating, “we enthusiastically endorse this effort to improve the due process options for disabled claimants.”

Collaboration with Social Security

As I wrote to Commissioner Frank Bisignano in 2025, NOSSCR views Social Security as a partner. We know the agency is struggling with operations improvements and the effects of decades of stagnated policy. The RECON Act is a constructive solution. It doesn’t ask for more money; it asks for more efficiency. By removing the mandatory nature of reconsideration, we can move DDS examiners from redundant reconsideration reviews to the initial claim backlog.

How You Can Help

The introduction of the RECON Act is the latest advance, but not the end. We have the bill text; now we need the votes. NOSSCR is organizing a multi-front advocacy push, and we need your expertise as practitioners. There is no substitute for an advocate explaining to a Congressional staffer exactly how an 8-month delay in a “rubber stamp” review prevents a disabled American from meeting their basic needs. If your local Representative isn’t yet on the bill, we need you to reach out. We can provide talking points and data specific to your state’s DDS wait times. We’re organizing advocacy days in Washington, D.C., later in 2026 and 2027. We want to bring our members to the Hill to meet with decision-makers face-to-face. Contact your Congressional offices in your home states. Let them know how the RECON Act would help your clients—their constituents.

Please email us at nosscr@nosscr.org if you are ready to help us move this legislation forward. The RECON Act is about more than just numbers and regulations. It is about due process.

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