Colorado Attorney for Social Security Disability Benefits

Applying for Social Security Disability (SSD) benefits in Colorado can be a complex and frustrating process. Many initial claims are denied, and navigating the appeals process requires knowledge of the Social Security Administration (SSA) rules and procedures. Whether you're filing a first-time application or fighting a denial, working with an experienced Social Security Disability attorney can make a significant difference in the outcome of your claim.

At Heritage Law Office, we assist individuals in Colorado with their Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) claims. Our goal is to help you secure the benefits you need to support yourself and your family. Contact us by calling 414-253-8500 or filling out our online contact form for legal assistance.

Understanding Social Security Disability Benefits

The Social Security Administration (SSA) provides two main types of disability benefits:

Social Security Disability Insurance (SSDI): Available to workers who have paid into the Social Security system through payroll taxes and have a qualifying disability.
Supplemental Security Income (SSI): Designed for disabled individuals with limited income and resources, regardless of their work history.

Both programs require you to prove that you have a severe, long-term disability that prevents you from engaging in substantial gainful activity (SGA). The SSA evaluates disabilities based on their official Listing of Impairments, but even if your condition is not on the list, you may still qualify if you can prove your inability to work.

Key Differences Between SSDI and SSI

Feature	SSDI (Social Security Disability Insurance)	SSI (Supplemental Security Income)
Eligibility	Must have worked and paid into Social Security	Based on financial need (low income & assets)
Work Requirement	Requires sufficient work credits	No work history required
Medical Eligibility	Must meet SSA's definition of disability	Must meet SSA's definition of disability
Income Limits	No strict income limit but cannot engage in Substantial Gainful Activity (SGA)	Strict income and resource limits apply
Benefit Amount	Based on prior earnings	Fixed amount, varies by state
Medicare/Medicaid	Eligible for Medicare after 24 months	Eligible for Medicaid immediately
Dependent Benefits	Available for certain family members	No dependent benefits

Common Reasons Social Security Disability Claims Are Denied

The SSA denies the majority of first-time applications, often due to:

Insufficient medical evidence to support the disability claim
Failure to follow prescribed treatment from doctors
Earning too much income while applying for SSDI or SSI
Failure to cooperate with SSA's requests for additional information
Errors or missing information in the application

If your claim has been denied, don't lose hope-many applicants are approved on appeal with the right legal representation.

The Social Security Disability Application Process

Applying for SSD benefits involves multiple steps, and each stage requires strong medical and legal evidence to support your case.

1. Initial Application

Your claim begins by filing an initial application with the Social Security Administration. You will need to provide:

Medical records from doctors, hospitals, and clinics
Employment history to show your work credits (for SSDI)
Income and financial records (for SSI applicants)
Statements from medical professionals supporting your disability claim

2. Reconsideration (First Appeal Stage)

If your initial claim is denied, you can request reconsideration within 60 days. At this stage, a different SSA examiner will review your case. Many reconsiderations are also denied, making legal assistance crucial.

3. Administrative Law Judge (ALJ) Hearing

If your reconsideration is denied, the next step is requesting a hearing before an Administrative Law Judge (ALJ). This is often the best opportunity to win your case, as you can:

Present new medical and vocational evidence
Call expert witnesses, such as medical specialists
Testify about how your disability affects your daily life

Having an experienced Colorado Social Security Disability attorney represent you at this stage significantly increases your chances of approval.

4. Appeals Council Review

If the Administrative Law Judge (ALJ) denies your claim, you can request a review by the Social Security Appeals Council. The Appeals Council does not hold a new hearing but will examine the ALJ's decision for errors. If they find that legal mistakes were made, they may:

Approve your claim outright
Send your case back to the ALJ for further review
Deny your request for review, in which case you may take further legal action

At this stage, having strong legal representation is crucial, as appeals often require detailed legal arguments about procedural mistakes and SSA regulations.

5. Federal Court Appeal

If the Appeals Council denies your claim, the final option is filing a lawsuit in federal court. This step is complex and requires an attorney who understands Social Security law at an advanced level. While relatively few cases reach this stage, federal court appeals can result in a favorable ruling or a remand for further proceedings.

Steps in the Social Security Disability Appeals Process

Appeal Stage	What Happens?	Time Frame	Approval Rate
Initial Application	File SSDI/SSI claim with medical records	3-6 months	~35%
Reconsideration	Request a second review of your claim	3-5 months	~13%
ALJ Hearing	Present case before an Administrative Law Judge (ALJ)	9-18 months	~50%
Appeals Council Review	Review of the ALJ's decision for errors	6 months - 1 year	Varies
Federal Court Appeal	File a lawsuit in U.S. District Court	1-2 years	Varies

How a Colorado Social Security Disability Attorney Can Help

The Social Security Disability process can be overwhelming, but an experienced attorney can significantly increase your chances of approval by:

Helping you complete your application correctly to avoid common errors
Gathering and submitting strong medical evidence
Representing you in appeals and hearings
Cross-examining vocational and medical experts
Making persuasive legal arguments based on SSA regulations**

Our law firm understands the unique challenges of the Social Security Disability system and will fight to help you obtain the benefits you deserve.

Medical Conditions That Qualify for Disability Benefits

The SSA has a Listing of Impairments that outlines medical conditions that may qualify for disability benefits, including:

Musculoskeletal disorders (e.g., spinal injuries, arthritis, amputations)
Neurological conditions (e.g., multiple sclerosis, epilepsy, Parkinson's disease)
Cardiovascular diseases (e.g., heart disease, chronic heart failure)
Mental health disorders (e.g., depression, PTSD, schizophrenia)
Respiratory conditions (e.g., COPD, cystic fibrosis)
Cancer and immune system disorders (e.g., lupus, HIV/AIDS, rheumatoid arthritis)

Even if your condition is not on the SSA's list, you may still qualify if you can prove that your disability prevents you from working.

How Long Does It Take to Get Disability Benefits?

The Social Security Disability process can take several months or even years, depending on how many appeals are necessary.

Initial application decision: 3 to 6 months
Reconsideration decision: 3 to 5 months
ALJ hearing wait time: 9 to 18 months (varies by location)
Appeals Council review: 6 months to 1 year
Federal court appeal: 1 to 2 years

Due to these delays, it's critical to apply as soon as possible and work with an attorney to ensure your claim is processed efficiently.

Tips for Strengthening Your Social Security Disability Claim

To improve your chances of getting approved, consider the following:

Seek consistent medical treatment and follow doctors' orders
Document all symptoms and limitations affecting daily life
Obtain detailed letters from doctors explaining your disability
Avoid working above the substantial gainful activity (SGA) limit
Meet all SSA deadlines to prevent claim dismissal

Contact a Social Security Disability Attorney in Colorado

If you need help applying for Social Security Disability benefits or appealing a denied claim, we are here to assist you. At Heritage Law Office, we understand the challenges you're facing and will fight to secure the benefits you deserve.

Contact us today at 414-253-8500 or fill out our online contact form to schedule a consultation.

Frequently Asked Questions (FAQs)

1. What is the difference between SSDI and SSI?

Social Security Disability Insurance (SSDI) is for individuals who have worked and paid Social Security taxes but can no longer work due to a disability. Supplemental Security Income (SSI) is need-based and available to disabled individuals with limited income and resources, regardless of work history.

2. How do I prove my disability to the Social Security Administration?

You must provide medical records, doctor's statements, and evidence of how your condition limits your ability to work. The SSA evaluates your claim based on medical evidence, functional limitations, and the impact on your ability to perform substantial gainful activity.

3. What should I do if my Social Security Disability claim is denied?

If your claim is denied, you should file an appeal as soon as possible-usually within 60 days. Most claims are initially denied, but many are approved on appeal, especially with legal representation at the Administrative Law Judge (ALJ) hearing.

4. How long does the Social Security Disability application process take?

The time frame varies, but an initial decision typically takes 3 to 6 months. If appeals are necessary, the process can take a year or longer. Working with an attorney can help avoid delays and strengthen your case.

5. Can I work while receiving Social Security Disability benefits?

You may be able to work within certain income limits. The SSA allows "trial work periods" where you can test your ability to work without losing benefits. However, earning above the Substantial Gainful Activity (SGA) limit may result in a denial or termination of benefits.