When a person in Louisiana applies for Social Security Disability but is denied, the applicant may appeal the decision and ask the Social Security Administration to review the case. The Social Security Administration reviews the entire decision during an appeal, and there are four general levels in the appeals process.

If an applicant wishes to appeal a decision, a written request for an appeal must be made within 60 days from the date the initial decision letter is received. The Social Security Administration assumes an applicant receives the letter five days after the date on the letter. If an applicant is denied for medical reasons, the applicant can request an appeal online.

After an appeal is requested, the applicant will go through the first level of the appeals process which is called reconsideration. During reconsideration an individual who was not a part of the applicant's first decision completely reviews the applicant's claim. All of the evidence from the original claim as well as any additional evidence is reviewed during the reconsideration. The majority of reconsiderations do not require the presence of the applicant. If the applicant disagrees with the reconsideration decision, the applicant may ask for a hearing.

Hearings are led by an administrative law judge who did not participate in the original decision or the reconsideration. The applicant is informed of the time and place of the hearing by the administrative law judge and the hearing will be held no more than 75 miles from the applicant's home.

During the hearing, the applicant and any witnesses for the applicant will be asked questions about the case. Medical and vocational experts may also provide information at the hearing. The applicant is encouraged to attend the hearing and sometimes hearings are conducted by video. The judge will decide the case after the hearing, and the Social Security Administration will send a letter and a copy of the judge's decision.

If an applicant disagrees with the hearing decision, the applicant can request a review by the Social Security Appeal Council. The Appeals Council may deny a request if it agrees with the hearing decision. If the Appeals Council decides to review the case, the Appeals Council or an administrative law judge will decide the case.

If the Appeals Council denies an applicant's request or if an applicant disagrees with the Appeals Council's decision, the applicant may file a lawsuit in federal court. The letter containing the Appeals Council's decision will inform the applicant how to ask a court to review the case.

Source: ssa.gov, "The Appeals Process," Jan. 2008