Approximately 20% of adults in Colorado have some form of disability. This is about 5% lower than the national average of 25%. Most people living with disability in Colorado are likely to smoke, have high blood pressure and are physically inactive compared to their counterparts without disabilities.
It is estimated that at least $4.4billion is spent on disability-related healthcare costs in the Centennial State. Social Security Disability Income (SSDI) can help recipients with living costs and treatment.
This post discusses everything you need to know about Social Security Local to Colorado. Read on to find out everything you need to know.
How To Qualify for Social Security Disability Benefits in Colorado
To qualify for SSDI in Colorado, you must first have worked in jobs covered by Social Security. Then you must have a health complication that meets Social Security’s definition of disability. In general, you are considered disabled under Social Security rules if:
- You can no longer complete the tasks that you were able to complete before.
- Colorado’s Disability Determination Services decide that you cannot adjust to other work because of your medical condition(s); and
- Your disability has lasted or is expected to last for at least one year or to result in death.
Typically, SSSDI is only available to Colorado residents who have paid a sufficient amount of Social Security taxes, also referred to as FICA taxes, over the course of their employment.
The number of years you have paid into the system will generally dictate whether you qualify for benefits.
The Social Security Administration (SSA) determines eligibility using a comprehensive work credit system where every $1,470 in covered earnings is worth one credit. The number of credits you need to qualify for benefits depends on your age when you become disabled or blind.
For example, if you become disabled at the age of 31 or younger, you will need six credits; between 31 and 42, you will need nine to 10 credits; 43 to 62, you will need 20 credits; 63 or older, you will need 40 credits.
Generally, you will meet this requirement if you have worked and paid Social Security taxes for at least five of the last ten years before your disability began.
Other Eligibility Factors for Social Security Disability Benefits in Colorado
In addition to meeting the credit requirements discussed above, you must also have a medical condition that meets Social Security’s definition of disability. Your condition must be expected to last for at least one year or result in death, and it must prevent you from doing any “substantial gainful activity.”
Substantial gainful activity is defined as work that involves doing significant physical or mental activities. For 2022, the substantial gainful activity limit is $1,350 per month for non-blind disabled applicants and $2,260 for blind-disabled applicants.
Colorado residents who are earning more than these monthly limits are generally not considered to be eligible for benefits.
To determine whether your condition meets or equals one of Social Security’s listed impairments, the first step is to visit your doctor or other medical provider and get a complete description of your symptoms, signs, and laboratory test results.
Your doctor will then give you a physical or mental examination, depending on the nature of your condition. The doctor will document their findings in a “Medical Source Statement.” Social Security will use this statement to evaluate the severity of your impairment.
You will also need to provide information about your education, employment history, and other background information that will help us determine whether there are other types of work you can do, given your medical condition.
Once Colorado’s Disability Determination Services (DDS) have this information, they will review your case and decide.
How to Apply for Social Security Disability Benefits in Colorado
Colorado residents do not have to leave the house to file their SSDI claims. They can file for the claim right on the SSA website or by calling 1-800-772-1213.
If you want to apply in person, you can visit one of the 16 different SSA field offices located in different parts of the state.
Some of the offices include Social Security Office Colorado Springs, Social Security Office Pueblo, Colorado, Denver, Colorado Social Security office, and Social Security Office Grand Junction, Colorado.
When you apply for Social Security Disability benefits in Colorado, you must have sufficient evidence and documentation proving your disability. This includes:
- Your birth certificate
- Proof of U.S. Citizenship or lawful alien status if you are not a U.S. Citizen
- W2 Forms and/or self-employment tax returns for the past two years
- Information about any medical conditions you have – doctor & hospital names, addresses, phone numbers, dates of treatment & test results
- A list of medications you are taking
- If you have ever applied for SSDI before, information about your previous claim.
You will also need to provide the names, addresses and phone numbers of people who can verify how your medical condition has affected your ability to work. These people may include your spouse, parents, children, friends, co-workers, pastors, or clergy members.
Appealing an SSDI Claim Denial in Colorado
Unfortunately, approximately 70% of SSDI applications are denied initially. You have the right to appeal the decision if your claim is denied.
The first step in appealing a denial is to request a “reconsideration.” This is where your claim will be reviewed by someone who did not take part in the original decision.
You must file a written request within 60 days of receiving your denial notice to request a reconsideration.
Your written request should include any new evidence or information that was not previously considered. It is important to note that most claims are also denied at the reconsideration level.
If your claim is denied again, do not give up hope. You still have two more levels of appeal. The next level is a hearing before an administrative law judge.
This is where you can present your case in person and question witnesses who testify on behalf of the SSA. Approximately 50% of claims are approved at this level.
If your claim is denied again, you can appeal to the SSA’s Appeals Council. The Appeals Council will review your claim to decide if the administrative law judge’s decision was correct.
If the Appeals Council decides that the judge’s decision was wrong, they will either issue a new decision or send your case back to be reheard by another administrative law judge.
If the Appeals Council denies your claim, you can file a civil lawsuit in a federal district court. This is the last resort for most people, as it is both time-consuming and expensive. However, it may be the only option if you feel you’ve been wrongfully denied benefits.
Appeal Hearings in Colorado
If your initial claim is denied and you decide to file an appeal against the decision, you will have to attend a hearing in front of an administrative law judge.
These hearings are conducted by the Office of Disability Adjudication and Review (ODAR), which is part of the SSA.
There are 16 ODAR offices throughout Colorado in cities such as Denver, Fort Collins, Pueblo, and Colorado Springs.
At your hearing, you will have the opportunity to present evidence and testimony to support your claim. This may include witness testimony, medical records, and other documentation.
The average wait times for a hearing vary depending on the location of the ODAR office, but they range from 10-18 months.
It is important to note that you have the right to representation at your hearing. This can be either an attorney or a non-attorney representative.
If you choose to be represented by an attorney, you will need to complete and sign a form authorizing the SSA to pay your attorney’s fees.
The SSA will only pay attorneys’ fees if they approve your claim. The amount they will pay is capped at 25% of your back pay, up to a maximum of $6,000.
You will not need to sign a fee authorization form if you decide to be represented by a non-attorney representative.
However, the SSA may only pay non-attorney representatives if they are working for a state or local government agency, a nonprofit organization, or are otherwise authorized by the SSA.
Some examples of non-attorney representatives who may be authorized to receive payment include disability claim advocates, paralegals, and social workers.
Seek Legal Help
If you live in Colorado and your initial Social Security disability benefits claim has been denied, you may feel overwhelmed and frustrated.
The appeals process can be complex and confusing, and it’s important to make sure that you understand your rights and options.
An experienced disability attorney can help guide you through the appeals process and ensure that your claim is presented in the strongest possible light.
Additionally, a lawyer can help you navigate the complex rules and regulations surrounding Social Security disability benefits, and represent you at your hearing if necessary.
At Legal Giant, we have a team of experienced disability lawyers dedicated to helping Colorado people get the benefits they need and deserve.
Contact us today for a free consultation if you’ve been denied benefits. We’ll review your claim and advise you on the best course of action moving forward.
