Social Security Disability Insurance & Supplemental Security Income Claims
If you need help recovering SSDI or SSI benefits, or if your claim has already been denied, reach out to Boesen Law today. Our Denver Social Security disability attorneys have decades of experience working with the SSD system. We have helped numerous clients recover the full benefits they were rightfully owed, allowing them to keep up with medical expenses, bills, and everyday costs of living. Whether you need assistance with a first-time claim, or you want to appeal a denied SSD claim, our firm is ready to protect your rights and help you seek the best possible outcome.
Reach out to our law firm for a no-cost, no-obligation consultation today. Call our personal injury lawyers in the state of Colorado at (303) 999-9999 or contact us online.
The U.S. federal government’s Social Security disability (SSD) program was established to provide financial assistance to individuals who cannot work due to disabilities. There are two main types of SSD benefits one can receive: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).
Unfortunately, many people—even those who are legitimately qualified to receive SSD benefits—have trouble navigating the complex Social Security system. To make matters worse, the Social Security Administration (SSA) frequently denies first-time claims. In fact, the SSA reports that, on average, more than half of Social Security disability claims are denied the first time they are submitted.
If you find yourself facing a denied claim or need assistance with the application process, our experienced Denver personal injury lawyers at Boesen Law can help. We understand the intricacies of the SSD program and are dedicated to advocating for your rights. Our team will guide you through the process, ensuring that you have the best chance of securing the benefits you deserve.
Schedule a free, in-person consultation today; call our firm at (303) 999-9999 or contact us online.
Defining Disability Under Colorado Law
To qualify for either Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits, you must meet a specific set of eligibility requirements. These requirements vary depending on the program, but both require that you have a qualifying “disability” as defined by the SSA.
What Constitutes a Disability?
A “disability” is defined as a medically determinable physical or mental impairment that prevents you from engaging in any substantial gainful activity (SGA) and is expected to last for at least 12 months or result in death. The impairment must be supported by medical evidence, and SSA considers any employment that generates income above a certain threshold to be SGA. For 2022, the SGA amount is $1,350 per month for non-blind individuals and $2,260 per month for blind individuals.
In Colorado, the SSA’s federal definition of disability is strictly followed for determining eligibility for SSDI and SSI. Partial or short-term disabilities do not qualify. Your condition must prevent you from performing not only the work you did previously but also any other work available in the national economy.
Understanding the Social Security Disability Process
Applying for Social Security Disability benefits can be a complex and daunting process. To navigate it successfully, you must follow specific steps and meet stringent requirements.
The Application Process
Initially, you will need to submit a comprehensive application that clearly demonstrates your eligibility. Unfortunately, many applications are denied during the first phase due to incomplete information or failure to meet specific criteria.
The Appeals Process
If your initial application is denied, you have the right to appeal the decision. The appeals process can involve several stages, including reconsideration, a hearing before an Administrative Law Judge, review by the Social Security Appeals Council, and even a federal court appeal if necessary. Each stage requires careful preparation and a solid understanding of the SSD system, which is why having an experienced attorney by your side can be invaluable.
Social Security Disability Insurance vs. Supplemental Security Income
While both SSDI and SSI provide financial assistance to disabled individuals, the programs serve different purposes and have different eligibility requirements.
Social Security Disability Insurance (SSDI)
SSDI benefits are available to disabled individuals who have earned sufficient work credits through employment or self-employment and who meet all other eligibility requirements. To qualify, you must have worked long enough and recently enough in jobs covered by Social Security.
Supplemental Security Income (SSI)
SSI is a needs-based program available to disabled individuals, those 65 or older, or individuals who are blind, regardless of work history. To qualify, you must have limited income, means, and resources. Unlike SSDI, there is no work credit requirement for SSI.
How to Determine Your Eligibility for SSD Benefits
Eligibility for Social Security Disability benefits involves meeting specific criteria set by the SSA. Understanding these requirements is crucial for a successful claim.
SSDI Eligibility
To qualify for SSDI, you must have worked and paid into the Social Security system for a sufficient period. Additionally, you must have a medical condition that severely limits your ability to perform substantial gainful activity (SGA) and is expected to last at least one year or result in death.
SSI Eligibility
To qualify for SSI, you must demonstrate that you have limited income and resources in addition to having a qualifying disability. SSI also serves individuals who are blind or aged 65 and older, provided they meet the financial criteria.
What to Do If Your SSD Claim Is Denied
The SSA denies approximately 60 percent of first-time SSD claims. If your claim has been denied, you have the option to appeal and seek a reversal of this decision.
The Importance of Filing an Appeal
It is strongly recommended that you appeal a denied SSDI or SSI claim rather than start the filing process over. Studies show that you are more likely to recover benefits by appealing than by filing a new claim. Discussing your options with an experienced attorney is crucial, as the SSD system is complex, and even small mistakes can result in a denial.
At Boesen Law, our Denver Social Security disability attorneys have successfully represented clients at all stages of the claims and appeals processes. We can review your case, identify errors in your application or the SSA’s review, and prepare you for your appeal hearing. We are committed to advocating for you and securing the benefits you deserve.
Why Are SSD Claims Denied?
There are many reasons why Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claims may be denied.
Some of the most common reasons why the Social Security Administration (SSA) denies SSD claims include:
- Insufficient medical evidence
- Condition does not meet the legal definition of “disability”
- Claimant earns above the substantial gainful activity (SGA) limit
- Application errors
- Missing documents and/or evidence
- Claimant has already had previous claims denied
- Failure to follow recommended treatment
- Failure to cooperate
While some claim denials are valid, many are the result of errors or omissions. If you believe your SSDI or SSI claim was denied unjustly, get in touch with our SSD attorneys in Denver for a free, in-person consultation today. We can discuss your options and provide you with the information you need to make empowered decisions about your future.
How Long Does It Take for SSDI or SSI Claims to Be Processed?
The time it takes for the SSA to process a Social Security disability claim varies widely. On average, it takes about three to five months from the date of application for the SSA to make a decision.
Expedited Processing
In some cases, claims may be expedited. The SSA’s Compassionate Allowances (CAL) program offers an expedited review of SSDI and SSI applications for individuals with severe disabilities. You do not need to file a special application or form to qualify for CAL; the SSA reviews all applications and determines eligibility for expedited processing.
Colorado Increases SSDI Benefits
In 2024, Colorado residents receiving Social Security Disability Insurance (SSDI) will see an increase in benefits, reflecting the 3.2% cost-of-living adjustment (COLA) applied nationwide. This adjustment raises the maximum SSDI benefit to $3,822 per month, up from $3,627 in 2023. The average monthly SSDI benefit for recipients in Colorado will now be $1,780, slightly higher than the national average. Additionally, Supplemental Security Income (SSI) recipients in Colorado will also see increases, with the federal SSI benefit rising to $943 per month for individuals.
This boost in benefits helps SSDI and SSI recipients keep pace with inflation and rising living costs, which is crucial for those who rely on these payments due to their inability to work. Furthermore, the income limit for SSDI recipients has been adjusted; now, an individual can earn up to $1,550 per month while still qualifying for benefits. For legally blind individuals, the threshold is higher at $2,590 per month.
These updates make it easier for disabled individuals to maintain financial stability while receiving the benefits they are entitled to. If you are considering applying for SSDI or have questions about these changes, it’s beneficial to speak with a disability lawyer for assistance with your claim or to ensure you’re receiving the correct benefits under the new guidelines.
Source: Atticus
Why Hire a Social Security Disability Lawyer?
Whether you have yet to file for benefits or your SSD claim has just been denied, there are many reasons to consider hiring a Social Security disability lawyer. The fact is, people who work with SSD attorneys tend to have greater success when it comes to having their initial applications approved. An attorney at our firm can review your application and ensure that you have not made any errors that could jeopardize your benefits. Our attorneys can even help you determine whether you qualify for SSDI, SSI, or both programs.
If your claim has been denied, it is even more important that you reach out to an experienced SSD lawyer. Appealing a denied SSD claim requires numerous steps, as well as various pieces of evidence, information, and documentation in support of your claim. At Boesen Law, our Denver SSD attorneys can assist you with all aspects of your denied SSD claim appeal.
There are no upfront or out-of-pocket expenses when you hire our firm. Instead, we only collect legal fees if/when we secure benefits on your behalf. Our multilingual staff can assist you in English, Spanish, and Russian, and we are happy to answer your questions and discuss your concerns during a no-cost, no-obligation consultation.
Our Law Office
5675 DTC Blvd., Suite 250, Greenwood Village, CO 80111
Phone: 303-999-9999
Reach out to our law firm for a no-cost, no-obligation consultation today. Call our personal injury lawyers in the state of Colorado at (303) 999-9999 or contact us online.
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