How Long After a Denial Is the Appeal Decision in Louisiana?

If you are unable to work as a result of a disability, you may have filed a claim for disability benefits. You may have also received an initial denial of your claim. If this is the case, you may feel frustrated and discouraged – and that’s normal. The truth is, however, that many claims are denied on the first attempt. In fact, in Louisiana, more than 60% of claims are denied initially. While this is unfortunate, the good news is that an appeals process is available. Let’s take a closer look at the various stages of that process and how long it might take in Louisiana.

What Are the Various Stages of the Appeals Process?

Because the federal government administers Social Security disability benefits, the appeals process after an initial denial is similar in most states. It typically consists of four primary stages, which include:

• Filing a request for reconsideration: This is the first and most frequently utilized stage of the appeals process. It generally consists of an applicant reviewing the reasons for the initial denial of their claim and requesting that the Social Security Administration have another official review the claim. The applicant may submit supporting arguments and additional evidence that they believe will bolster their claim. The SSA will review the evidence and then decide whether to reverse or affirm the initial decision.
• Requesting a hearing with an ALJ: The next phase of the appeals process consists of asking for your claim to be reviewed by an administrative law judge. These hearings may take place in person, telephonically, or by video. During the course of the hearing, an opportunity will be provided to present arguments and evidence. The ALJ will then review all of the evidence and arguments and issue a decision affirming or denying the request.
• Seeking review by the appeals council: This third phase of the process consists of appealing to the highest level of authority within the Social Security Administration appeals process. At this phase, you may also submit any additional supporting evidence that you believe will help your case. After reviewing all previously issued decisions in the matter, the appeals council will render an opinion affirming or reversing the ALJ’s decision.
• Appealing to federal court: This is the last and final stage of the appeals process, which consists of filing an appeal with the federal district court in your jurisdiction. This phase of the appeals process can be time-consuming and expensive, depending on your situation. As a result, not all claims reach this stage of appeals.

If you believe that you may be interested in pursuing an appeal at any of these stages, consulting with an attorney regarding the reasons that your claim was initially denied and what type of evidence may best support your arguments on appeal is essential. Your attorney will also be able to assist you with gathering and organizing that evidence in a way that presents your case in the best possible light.

How Long Will the Process Take?

No one wants an unclear answer – but sometimes, in the law, timelines can be somewhat unclear. How long the appeals process will take will depend on a variety of factors, including the complexity of your case, how busy the Social Security Administration is at the time, and how far you choose to pursue the appeal. Obviously, an appeal that proceeds all the way to the federal district court will typically take much longer than one that stops after the reconsideration stage.

As a general rule, however, those pursuing an appeal have 60 days to move from one phase of the appeals process to the next. Therefore, if you receive a denial on your request for reconsideration, you will usually have 60 days in which to request a hearing before an administrative law judge. If an administrative law judge denies your claim, you will have 60 days to seek review by the appeals council, and so forth.

It goes without saying that every claim is different. As a result, consulting with an attorney regarding your particular claim and a realistic timeline is always advised.

Call American Disability Action Group Today

If you find yourself facing the possibility of appealing a Social Security claims denial, you may have many questions about the process and how your particular case might be handled. You may feel worried and even overwhelmed – and that’s understandable. The law can be complicated, and the last thing you need when you’re struggling with a disability is added stress. The good news is, we’re here to help. We know and understand every aspect of the disability claims process, and we’ll always pursue the best legal strategies on your behalf. If you’re ready to get started, give us a call today. We look forward to helping you soon.

Sources

• Social Security Appeals Process: https://www.ssa.gov/pubs/EN-05-10541.pdf
• Social Security Disability Benefits Overview: https://www.ssa.gov/disability