If you’re struggling to secure SSDI or SSI benefits, or if your claim has been denied, Boesen Law is here to help. Our experienced Denver Social Security Disability lawyers have decades of success navigating the SSD system, assisting countless clients in obtaining the benefits they deserve. These benefits can be essential for covering medical expenses, household bills, and daily living costs. Whether you’re filing an initial claim or appealing a denied application, our dedicated team is ready to advocate for your rights and guide you toward 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).
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.
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.
Schedule a free, in-person consultation today; call our firm at (303) 999-9999 or contact us online.
Types of Disability Benefits in Denver, CO
The Social Security Administration (SSA) offers several types of disability benefits, primarily categorized under Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Additionally, there are other specialized programs available for specific groups. Below are the key types of disability benefits:
1. Social Security Disability Insurance (SSDI)
- For individuals who have worked and paid Social Security taxes (FICA) long enough to earn sufficient work credits.
- Provides benefits to disabled workers and, in some cases, their dependents (spouses or children).
- Eligibility requires a qualifying disability that prevents substantial gainful activity (SGA).
2. Supplemental Security Income (SSI)
- A needs-based program for individuals with limited income and resources.
- Available to disabled adults, disabled children, and people over 65 years old without sufficient work history.
- Provides monthly financial assistance for basic needs like food, shelter, and clothing.
3. Disabled Adult Child (DAC) Benefits
- Available for adults who became disabled before age 22.
- Benefits are based on a parent’s Social Security earnings record.
- The parent must be receiving Social Security retirement/disability benefits or be deceased.
4. Disabled Widow(er)’s Benefits (DWB)
- Available for individuals aged 50 to 60 who become disabled within 7 years of their spouse’s death.
- The deceased spouse must have worked and paid into Social Security long enough to qualify.
5. Supplemental Security Income for Children (SSI for Children)
- Specifically designed for disabled children under 18 years old (or under 22 if still attending school).
- Based on the family’s income and financial resources.
- Helps cover medical care, therapy, and other essential services.
Each program has specific eligibility criteria, application requirements, and benefits. At Boesen Law, our experienced Denver Social Security Disability attorneys can help you determine which program applies to your situation and guide you through every step of the claims process.
Defining Disability Under Colorado Law
To qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits in Colorado, you must meet specific eligibility requirements set by the Social Security Administration (SSA). While the criteria vary slightly between the two programs, both require that you have a qualifying “disability” as defined by federal law.
What Constitutes a Disability?
The SSA defines a “disability” as:
- A medically determinable physical or mental impairment that prevents you from engaging in substantial gainful activity (SGA).
- An impairment expected to last at least 12 months or result in death.
- A condition supported by credible medical evidence, including documentation from licensed healthcare providers.
The SSA evaluates substantial gainful activity (SGA) based on monthly income thresholds. For 2022, these thresholds are:
- $1,350 per month for non-blind individuals.
- $2,260 per month for blind individuals.
Key Considerations for Disability Eligibility in Colorado:
- Federal Standard: Colorado strictly adheres to the SSA’s federal definition of disability for determining SSDI and SSI eligibility.
- No Partial or Short-Term Disabilities: Conditions that are temporary or partial do not qualify.
- Inability to Work: Your condition must prevent you from performing not only your previous job but also any other work available in the national economy, considering your age, education, and work experience.
At Boesen Law, our experienced Denver Social Security Disability attorneys understand the complexities of these eligibility requirements. We’re here to help you build a strong case, gather the necessary medical evidence, and guide you through the claims or appeals process to secure the benefits you deserve.
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.
SSDI and SSI Benefit Changes in Colorado for 2024
In 2024, individuals in Colorado receiving Social Security Disability Insurance (SSDI) will experience an increase in their monthly benefits due to a 3.2% Cost-of-Living Adjustment (COLA) implemented nationwide. This adjustment raises the maximum SSDI monthly payment to $3,822, an increase from $3,627 in 2023. On average, SSDI beneficiaries in Colorado will now receive approximately $1,780 per month, slightly exceeding the national average.
Additionally, recipients of Supplemental Security Income (SSI) will also see their monthly payments increase. The federal SSI benefit is now set at $943 per month for individuals.
These adjustments are essential in helping SSDI and SSI recipients offset rising living expenses and inflation, providing critical financial relief for those unable to maintain employment due to their disabilities.
Furthermore, the income threshold for SSDI recipients has been updated. Individuals can now earn up to $1,550 per month while maintaining their eligibility for benefits. For legally blind individuals, this threshold is higher, at $2,590 per month.
These changes aim to offer greater financial stability to those reliant on disability benefits. If you’re planning to apply for SSDI, need assistance appealing a denied claim, or have questions about these updates, consulting an experienced Social Security Disability lawyer can ensure you understand and receive the benefits you’re entitled to under the latest guidelines.
Why Choose Boesen Law for Your Social Security Disability Claim?
Whether you’re applying for SSDI or SSI benefits for the first time or appealing a denied claim, Boesen Law is here to guide you through every step of the process. Statistics show that individuals who work with experienced Social Security Disability attorneys are more likely to have their applications approved.
At Boesen Law, our Denver Social Security Disability lawyers will:
- Thoroughly review your application to identify and correct any errors that might delay or jeopardize your claim.
- Determine your eligibility for SSDI, SSI, or both programs to ensure you’re applying for the right benefits.
- Gather necessary documentation and evidence to build a strong, compelling case on your behalf.
If your SSD claim has been denied, the appeals process can feel overwhelming. Our attorneys understand the intricacies of SSD appeals and will:
- Handle all aspects of your appeal, including filing paperwork and meeting deadlines.
- Present supporting medical evidence and other critical documentation.
- Advocate for your rights in hearings and before administrative judges.
Why Clients Trust Boesen Law:
- No Upfront Costs: You only pay if we successfully secure your benefits.
- Multilingual Support: Our team can assist you in English, Spanish, and Russian.
- Personalized Attention: We offer free, no-obligation consultations to address your concerns and outline the next steps.
At Boesen Law, we are committed to helping you navigate the Social Security Disability system with confidence and clarity. Contact us today to schedule your free consultation and take the first step toward securing the benefits you deserve.
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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