Social Security Disability Blog

Most Colorado residents who file an initial claim for Social Security disability benefits are blissfully unaware of how complicated the process can be.  If you plan on going it alone without legal representation, there are many important things to learn before you get started.  In many cases, Colorado SSI claims are denied the first time around because claimants didn’t present enough evidence of their disability. Working with a local Denver Social Security Disability Lawyer can dramatically improve your chances of winning.

Before you file a Social Security Disability Insurance claim in Colorado, it is important to learn the legal basics.  First of all, there are two programs in the US that administer Social Security payments.  One of these is Social Security Disability Insurance (SSD or SSDI) and the other is Social Security Income (SSI).  Both were designed to provide monthly income and benefits to disabled individuals who have either worked to contribute to the fund (SDI) or who can prove they have both a disability and a financial need (SSI).

Filing for these benefits can be a tedious and frustrating process, which explains why so many Colorado claimants work with a Social Security Disability Lawyer.  Claims can be filed at your local field office (Denver, Colorado Springs, etc), but in many cases they are quickly rejected.  This is because they lack sufficient evidence of the claimant’s medical condition, or the records don’t sufficiently prove a disability.

Filing a claim for Social Security Disability compensation isn’t as easy as it seems.  Many people find that a judge denies their petition, but that doesn’t mean they should give up.  A Denver Social Security Disability Lawyer can help if you are denied by an Administrative Law Judge (ALJ) at a Social Security hearing.  Remember, you do have the right to appeal to the Social Security Appeals Council.

In order to do this, you must fill out the form HA-520-U5, which is a formal request for a review of your hearing decision.  But don’t wait too long to file.  You only have 65 days after the date stamped on the judge’s decision to get the appeal to the Appeals Council.  Please note – your appeal must be delivered to the Appeals Council by the 65th day, not merely postmarked.

Remember, the Appeals Council will not actually hold a hearing for your appeal; they will do a paper review of your file instead.  This means your appeal must contain every reason for your appeal and why you disagree with the decision.  Your attorney will often add a supplemental brief. 

Because the council will look for legal arguments, such as misapplication of the law or errors in process, an attorney should really be involved at this stage.  The council will be less interested in questioning the facts of your case as long as there is a legal basis for the judge’s decision unless there is a significant factual error not supported by the evidence. 

If you want to succeed in your claim with the Social Security Disability Appeals Council, do not wait until you are denied at a hearing to hire an attorney. A Denver Social Security Disability lawyer present your case to a judge in a professional, legally sound manner. 

Studies have shown that  working with an attorney for your disability claim has a much higher disability acceptance rate than going on without one. Clawson & Clawson attorneys are experienced in handing disability claims and will give you a much better shot at getting accepted by the DDS, not to mention also taking care of the tedious paperwork. Contact us for a quick consultation.

Brief overview of Social Security Disability Benefits

The Social Security Administration's (SSA) program covers those who are unable to work due to a disability. This is in keeping with the organization's general theme of ensuring that those who cannot provide for themselves are taken care of. The payments are made to individuals monthly and accounts for one of the most significant proportions of government expenditure.

Understandably, the issue of disability eligibility is one of the more contentious problems that the SSA faces. This is because the intuitive understanding of who is disabled can vary greatly from person to person. In the interests of fairness however, the same standards are laid down for all.

Eligibility Criteria for Social Security Disability

The DDS makes an evaluation of disabililty based on three basic criteria. It first looks at whether or not you're able to do work that you were able to perform before your condition arose. It also examines whether or not you will be able to adjust to a new work style. And finally, it makes a determination of whether of not your condition is likely to last for over a year. The SSA operates on the principle that any disability occurring for a period shorter than a year can be handled by other family members, investments, savings or other support systems.

There are lines drawn for each criteria. For example, if you're working at a job and earn over $1000 a month, the SSA is likely to rule that you're not disabled. Similar constraints hold for all other parameters.

DDS and ODAR - Two arms working side by side

There are two branches of the SSA which compliment each other while determining and reviewing disability claims. The DDS (Disability Determination Services) is responsible for making the initial objective judgement of disability based on medical records as well as Consultative Exams (CE). In case a person doesn't agree with the findings of the DDS, they can file a claim for reconsideration.

The ODAR (Office of Disability Adjudication and Review) however, is where you want to go if you're still not happy with the determination of the DDS and want a hearing before an Administrative Law Judge (ALJ). And finally if a person wishes to contest the judgement of ODAR, they can go before the Appeals council and then the Federal District Court.

Hiring a Social Security Disability Attorney

Based on statistical data, it has been shown that having an attorney handle the proceedings for you results in a much higher disability acceptance rate than going on without one. Our Clawson & Clawson attorneys are experienced in handing disability claims and will give you a much better shot at getting accepted by the DDS, not to mention also taking care of the tedious paperwork. Contact us for a quick consultation.

As a Denver Social Security Disability Lawyer, I also handle a number of cases where non-custodial parents receiving disability payments are held responsible for paying child support.  This is a tough position to be in for any parent, especially if their individual health issues have caused them to fall into arrears on child support.

As a Denver Colorado Social Security attorney, I see a lot of clients who are in a panic about their financial future.  That’s because by the time they see me, they are already in a position where they need help right away.  Most parents try to avoid the subject, but cannot help but wonder what would happen to them financially if their spouse were to die prematurely.  Raising kids can be an expensive ordeal, and without child support or their spouse’s income, most Colorado parents cannot maintain their lifestyle for very long.  Even life insurance payments are not enough to last until the children are self-supporting.  That is where Social Security parents’ benefits are needed.

If your spouse were to die, leaving you to take care of your children alone, you may be entitled to more than just the standard Social Security payments for the children.  In many cases, you will also be able to collect a Mother’s or Father’s benefit.

The guidelines for determining this are as follows: