Form SSA-561 Request for Reconsideration: When and How to File

What Form SSA-561 Does

Form SSA-561 is your formal request asking SSA to take a second look at a decision you believe is wrong. It's the first rung of the appeals ladder — and it's free to file.

You might need it because SSA denied your survivor benefits claim, calculated your monthly amount incorrectly, or used the wrong application date to calculate retroactive payments. Since the Social Security Fairness Act (H.R. 82) repealed the GPO and WEP retroactive to January 2024, this form is relevant for public-sector survivors who believe SSA miscalculated their adjustment or award.

The Six-Month Retroactivity Problem

The Social Security Fairness Act did not change the usual retroactivity rules for people who never applied because of the Government Pension Offset. Survivor benefits are generally limited to six months before the month an application is filed, so a new claim may not reach back to January 2024. If you disagree with an award, you can request reconsideration within 60 days after you receive the notice; SSA generally presumes receipt five days after the notice date unless you show that you received it later.

Use Form SSA-561 to explain the specific error you believe SSA made in deciding your claim. The Fairness Act's January 2024 effective date by itself does not override the six-month retroactivity rule for a new application.

How to File

1. Get the form. Download SSA-561 from ssa.gov or pick one up at your local Social Security office.
2. Fill in the basics. Your name, SSN, the decision you're contesting, and — this is the critical part — a clear, specific explanation of why you disagree. Don't write "I think it's wrong." Explain the specific eligibility, calculation, or other decision error you believe SSA made.
3. Attach evidence. W-2s, the award notice you're contesting, tax transcripts, the relevant statute — anything that supports your case.
4. Submit within 60 days after receipt. SSA generally presumes you receive the notice five days after its date unless you show that you received it later. If you mail the form, use certified mail. If you submit online through SSA's non-medical appeal service, you'll get a digital timestamp.

What Happens After You File

SSA assigns your case to a different examiner than the one who made the original decision. Processing typically takes 30 to 90 days, though complex cases can stretch longer.

If you are contesting an overpayment, request an appeal or waiver within 30 days of the notice date; SSA says collection pauses while it reviews the request.

If reconsideration is denied, the next step is requesting a hearing before an Administrative Law Judge — a more formal proceeding where you can present evidence and testimony.

Filing Tips for Survivor Benefit Cases

Keep a copy of everything you submit. Note the date, the method of submission, and the name of anyone you speak with at SSA. If you established a protective filing date when you first called to report the death, reference that date in your reconsideration request — it locks in when your retroactive payments should start.

The Social Security Survivor Benefits Navigator includes a pre-formatted SSA-561 preparation worksheet and a retroactive pay audit template to help you calculate exactly how much SSA owes you.