New Orleans SSI and SSDI Denial and Appeal Lawyers
Strong representation when the SSA denies your SSI or SSDI claim
For both SSI and SSDI claims, the applicant should consult with our experienced Social Security lawyers as soon as possible. Many individuals who file on their own don’t succeed, even though they should be eligible for benefits, because they fail to provide the correct information. The good news is that if your claim is denied, you can request a reconsideration and a formal hearing before an administrative law Judge.
At the Law Office of James A. Graham, our skilled New Orleans SSI lawyers and New Orleans SSDI lawyers help claimants before they file their initial claims. We often help claimants after the Social Security Administration has denied their claim. Our lawyers will review the reason for the denial. We’ll work with your doctors to verify your disability or the disability of your child. We’ll review all your other eligibility requirements including work history, income, and assets. Call us as soon as your claim is denied. Many claims are successful on appeal.
How can we help?
- Can I appeal a denial of an SSI or SSDI application for benefits in New Orleans?
- What is a reconsideration request?
- What does it mean to request a hearing before an Administrative Law Judge?
- What happens at an SSI or SSDI appeals hearing in New Orleans?
- How does the Appeals Council review process work?
- Do you have an SSI or SSDI appeals lawyer near me?
Can I appeal a denial of an SSI or SSDI application for benefits in New Orleans?
Normally, you have 60 days from the date of the denial (the date should appear on your written notice) to file an appeal. There are four categories of appeal:
- Reconsideration
- Hearing by an administrative law Judge
- Review by the Appeals Council
- A federal court review
We’ll explain the proper way to file the appeal, including online appeals and appeals in writing.
What is a reconsideration request?
When you request a reconsideration, you’re asking for a new claims examiner to review your claim. The examiner will review the documentation you already submitted and any new document you submit, such as updated medical information about a disability. The reconsideration request gives you an opportunity to explain why you disagree with the denial, and why you are eligible for federal benefits.
Generally, reconsideration requests are categorized as medical appeals (denials that you have a disability or blindness) and non-medical appeals (other eligibility criteria denials such as denials because you have too much income for an SSI claim or don’t have enough work credits for an SSDI claim).
What does it mean to request a hearing before an administrative law Judge?
If your reconsideration request is denied, SSI and SSDI applicants can request a hearing. The right to request a hearing applies to denials of an initial claim or to decisions by the SSA to terminate your benefits because you no longer qualify.
The hearing process can take time, and you must file a proper request. The appeal is often your best chance at obtaining a favorable decision, but only if you provide the correct evidence and make the correct arguments. The best course of action is to speak with our experienced New Orleans SSI and SSI denial and appeals lawyers.
You have 60 days after the previous determination (such as the denial of your reconsideration request) to file a request for a hearing. The request for a hearing can be filed in writing or online.
Our SSI and SSDI appeals lawyers will review the reasons for your denial. We’ll review each of the requirements for eligibility and work to ensure that you have the correct evidence to support each requirement. For example, if your SSI or SSDI claim is based on having a disability, we’ll work with your physicians to show that your disability prevents you from engaging in substantial gainful activity, and that your disability is expected to last for at least a year, or that your disability is likely to result in death.
What happens at an SSI or SSDI appeals hearing in New Orleans?
The hearing before the administrative law Judge (ALJ) involves you, our firm, and the Judge. The ALJ may have a doctor or a vocational expert testify at the hearing. We have the same right to have a doctor or vocational expert testify on your behalf (either in person or through written testimony).
You also have the right to bring witnesses to the hearing. A witness may, for example, help support your claim that you’re disabled.
The Judge will normally ask questions of you and any witnesses. Our SSI and SSDI appeals lawyers will also ask you and any other witnesses questions to help support your claim. Don’t worry. We’ll review the questions that are likely to be asked beforehand at our office. The hearing is fairly informal though it may be recorded.
The ALJ will issue a written decision. If the ALJ rules in your favor, then you receive the SSI or SSDI benefits you filed for. If the ALJ denies your appeal, you can file a request for review with the Appeals Council.
We’ll let you know where the hearing is held.
How does the Appeals Council review process work?
SSA requires that you request an Appeals Council review within 60 days of receipt of the hearing denial. We’ll file the appeal for you after discussing your claim and its merits with you. The Appeals Council reviews the decision of the ALJ to determine if the hearing decision was correct. If the Appeals Council thinks a review is necessary, it will either decide your case on its own or send it to another ALJ for review.
The decision is made based on the Judge’s decision. There is no hearing and no oral argument. We can also submit our reasons why we think the Judge’s decision was wrong.
Do you have an SSI or SSDI appeals lawyer near me?
The Law Office of James A. Graham is located in New Orleans and serves all of South Louisiana.
For clients who are unable to travel, we can schedule phone or video conferences when needed.
Talk with an experienced New Orleans SSI and SSDI denial and appeals attorney now
At the Law Office of James A. Graham, we understand how frustrating and complicated applying for SSI and SSDI can be. Even when you’re sure you’ve done everything right, the Social Security Administration may deny your claim. Our skilled lawyers calmly and clearly review the reasons for the denial. Often, some additional documentation and additional arguments can help you win your claim on appeal. Don’t lose hope. If your claim for benefits was denied, please call us or complete our contact form to schedule a free consultation with a Social Security denial and appeals lawyer in New Orleans today. Many claims are successful on appeal.