New Orleans Disability Lawyer

When your disability benefits are denied or delayed, the financial and emotional strain can be overwhelming. Insurance companies and government programs often use complex rules and technicalities to minimize payouts or deny valid claims. That’s where Daly & Black, P.C. comes in.

As your New Orleans disability lawyer, we combine aggressive litigation skills with deep knowledge of Social Security Disability and ERISA-governed long-term disability policies. Our goal is simple: help you pursue the benefits and compensation you may be entitled to so you can move forward with confidence.

Free Consultation—We’re ALL IN. ALL THE TIME.

What We Handle in New Orleans

Disability law in Louisiana doesn’t look the same for everyone. Some people rely on Social Security programs, while others depend on insurance-based benefits. Each path carries its own rules, deadlines, and obstacles, and understanding these differences is key to protecting your rights.

Social Security Disability (SSDI/SSI)

Qualifying for Social Security Disability Insurance (SSDI) requires enough work credits and proof that your medical condition prevents substantial gainful activity. Supplemental Security Income (SSI) is based on financial need.

Common reasons for denial include insufficient medical records, errors in residual functional capacity assessments, or missed deadlines. Appeals must be filed within 60 days, moving from reconsideration to an Administrative Law Judge (ALJ) hearing, then the Appeals Council, and ultimately federal court if necessary.

Most favorable decisions are secured at the hearing stage.

Long-Term & Short-Term Disability (Employer Policies & Individual Plans)

Many workers rely on long-term or short-term disability insurance, either through employer-provided plans or individual policies. Employer plans are often governed by ERISA, which imposes strict deadlines and requires appeals within 180 days of an adverse determination.

Insurers frequently use paper reviews, surveillance, or so-called “independent” medical exams to justify denials. Building a strong administrative record is critical, as courts often defer to what was submitted at the appeal stage.

Coordination Between SSDI and LTD (Offsets & Overpayments)

Long-term disability carriers frequently require claimants to apply for SSDI. If you receive both LTD and SSDI backpay, insurers often claim an overpayment due to offsets. Coordinating evidence and strategy across both claims is essential to prevent financial surprises and to maximize long-term recovery.

Why Disability Claims Get Denied (and How We Counter)

Even legitimate claims are often denied for reasons that have little to do with your actual disability. Below are some of the most common tactics and mistakes we encounter, and how Daly & Black pushes back against them.

• Medical evidence gaps: We work directly with your treating providers to ensure functional limitations are clearly documented.
• Vocational errors: Insurers and SSA may exaggerate your ability to work by misapplying vocational rules. We prepare rebuttals with vocational experts.
• Insurer tactics: Surveillance clips, cherry-picked file reviews, and daily activity logs are often used against claimants. We contextualize and challenge these tactics.
• Process mistakes: Missed deadlines or incomplete forms can end a case before it starts. Our team takes ownership of every filing to keep your claim alive.

Our Process: From Denial to Decision

Every disability case follows a journey, and how you navigate that journey can make all the difference. From the first call you make to our office through appeals and, if necessary, litigation, we focus on building strength into your claim at every stage while keeping you informed and supported.

Free Case Review (What to Expect)

Your consultation is free. We’ll assess your claim, identify deadlines, and explain our contingency fee structure in writing. You’ll leave with a clear roadmap of your options and an understanding of how fees are only collected if your case is successful.

Building the Record

We gather treating physician opinions, diagnostic results, and functional capacity evaluations. For SSDI hearings, we prepare testimony that aligns with medical and vocational standards. For LTD appeals, we draft comprehensive letters designed to strengthen the administrative record.

Hearings, Appeals & Litigation

• SSA Claims: We prepare you for ALJ hearings, cross-examine vocational experts, and submit persuasive briefs. If denied, we escalate within 60 days to the Appeals Council or federal court.
• ERISA/LTD Claims: We craft detailed appeals that preserve issues for litigation, then move to federal court if necessary. Success often hinges on the administrative record we build during the appeal stage.

Deadlines That Matter

Time limits are critical in disability law. Missing even a single deadline can jeopardize your entire case. Here are the key windows to be aware of.

• SSDI/SSI: Appeals must be filed within 60 days of denial (SSA presumes five days for mailing).
• ERISA/LTD: At least 180 days to appeal an insurer’s denial, though plans may allow more.
• Louisiana tort claims: If your disability stems from an accident, note that as of July 1, 2024, Louisiana extended many tort claim deadlines to two years for incidents occurring on or after that date. Timely action is critical.

Personal Injury and Disability

Sometimes a disabling condition is the result of an accident or negligence—such as a motor vehicle crash, a workplace injury, a dog bite, a slip and fall, or a truck accident. In these cases, you may have both a disability benefits claim and a personal injury claim.

Coordinating the two is critical to protecting your financial recovery. Our team is experienced in pursuing personal injury cases alongside disability claims, ensuring that nothing falls through the cracks.

If your disability stems from an accident, visit our New Orleans Personal Injury Lawyer page to learn more about how Daly & Black can help.

New Orleans & Gulf South Focus

We represent clients throughout Orleans, Jefferson, St. Bernard, and St. Tammany Parishes. Our familiarity with local hospitals, vocational opportunities, and regional insurers gives us insight into how claims are assessed in Louisiana. Whether you need an in-person meeting or prefer a virtual consultation, Daly & Black is accessible and ready to fight for you.

FAQs

Navigating disability claims raises a lot of questions. These are some of the most common ones our New Orleans clients ask.

When should I hire a disability lawyer in New Orleans?

You should consult a lawyer as soon as you receive a denial—or earlier if you need help organizing medical records, completing forms, or understanding deadlines.

How can a New Orleans disability lawyer help with a denied claim?

We build strong evidentiary records, prepare you for hearings, challenge vocational assessments, and ensure appeals are filed within strict 60-day (SSA) and 180-day (ERISA) windows.

What types of disability benefits are available in Louisiana?

Federal SSDI and SSI programs, employer-sponsored or private LTD/STD policies (often ERISA-governed), and certain public-sector disability retirement programs. Each has unique eligibility rules and deadlines.

Ready to Talk to a New Orleans Disability Lawyer?

If your disability claim has been denied, don’t wait until deadlines close the door on your recovery. Daly & Black, P.C. is ready to fight for your rights and help you pursue the benefits and compensation you may be entitled to.

Schedule your FREE consultation now.