RECON Act
- Sponsor
- Rep. Foushee, Valerie P. [D-NC-4]
- Committees
- Ways and Means Committee (primary)
- Last action
- Apr 23, 2026
Bottom line
The RECON Act streamlines the Social Security and SSI appeals process by making the reconsideration step optional, potentially speeding up access to hearings for claimants.
What it actually does
This bill amends Titles II (Social Security benefits) and XVI (Supplemental Security Income) of the Social Security Act to eliminate the mandatory reconsideration review step in the appeals process. Under this bill, claimants whose initial applications for benefits are denied would have the option to bypass the reconsideration stage and proceed directly to a hearing before an Administrative Law Judge (ALJ).
Proponents argue
Proponents argue that the mandatory reconsideration step often delays claimants' access to a hearing before an Administrative Law Judge (ALJ) without significantly altering initial decisions, thus prolonging the appeals process unnecessarily. They contend that making this step optional would empower claimants to choose the most efficient path to resolution, potentially reducing wait times and improving access to benefits for those who are ultimately found eligible.
Opponents contend
Opponents might argue that eliminating the mandatory reconsideration step could overwhelm the ALJ hearing system, leading to new backlogs at that stage. They might also contend that reconsideration, while sometimes slow, does resolve some cases without the need for a formal hearing, thereby conserving judicial resources. Some might also express concern that claimants, especially those without legal representation, might inadvertently bypass a potentially beneficial review stage.
The bill is very short and clear, making it highly accessible for any reader to understand its direct impact.
Section 2(a) and 2(b) of the bill, amending 42 U.S.C. 405(b)(1) and 42 U.S.C. 1383(c)(1)(A)
Elimination of Mandatory Reconsideration Review for Social Security and SSI Benefits
This provision amends both Title II (Social Security benefits) and Title XVI (Supplemental Security Income) of the Social Security Act. It explicitly states that the Commissioner of Social Security 'may not require reconsideration of the initial decision or determination prior to the hearing.' This means that individuals appealing an initial denial of benefits will no longer be forced to go through an administrative reconsideration review before they can request a hearing before an Administrative Law Judge.
Supporters argue
Supporters argue that this change will reduce the overall time claimants spend in the appeals process, as the reconsideration stage often yields similar outcomes to the initial decision and merely adds delay. They believe it empowers claimants to pursue a more effective appeal path directly to an ALJ hearing, where they often have a higher success rate.
Critics contend
Critics might argue that while reconsideration may seem like an extra step, it serves as an important filter, resolving some cases and reducing the burden on the more formal ALJ hearing system. Eliminating it could lead to an influx of cases at the ALJ level, potentially creating new backlogs and increasing administrative costs for the SSA.
Tradeoffs
The bill balances the desire to streamline the appeals process and empower claimants with the potential for increased workload at the ALJ level and the loss of an intermediate review stage that might resolve some cases more informally.
The amendments made by this Act will apply to any initial decision or determination relating to entitlement to benefits under Title II or XVI of the Social Security Act made on or after the date that is one year after the date of enactment.
Section 2(c)
Why it matters:Standard legislative practice to provide lead time for implementation.
Case for: Provides agencies and claimants with a reasonable transition period to adapt to the new appeals process, allowing for necessary procedural adjustments and public awareness campaigns.
Case against: Delays the implementation of a potentially beneficial reform for claimants who might be experiencing significant hardship during the appeals process.
Estimated impact: Affects all initial decisions made one year post-enactment, ensuring a smooth transition for the SSA and claimants.