How to file for disability, Filing for SSI
Disability Requirements, Disability Status
How long is the wait?, Disability Application
The Social Security List of Impairments
Qualifying for Disability, Mental Disability
Disability Lawyer Info, Disability Back Pay
Hiring a Qualified Disability Lawyer in Colorado
Claimants who have representation in Colorado have a higher percentage likelihood of being approved, often need to file fewer appeals, and very often have more favorable "dates of onset" (the date the disability is proven to have begun) which is especially important since it can result in higher back pay amounts.
Representation may be through a disability lawyer or a specialized non-attorney disability representative. Many non-attorney reps are former Social Security Administration Claims Specialists and Disability Examiners.
A qualified representative will have a knowledge of Social Security administrative law and procedures, especially with regard to how claims are approved through the Social Security listings and the medical vocational grid rules. A qualified and competent representative or lawyer will also be skilled in the ability to obtain the most relevant case evidence, analyze it correctly, and incorporate it as part of a winning strategy for a claim.
Representatives win claims by proving that the claimant has a specific condition that meets the SSA definition of disability, or by proving that the claimant has physical or mental functional limitations resulting from one or or more medically diagnosed conditions.
To learn about fees for representation, see: "How do disability lawyers get paid?"
It can be difficult to win disability benefits in Colorado. In recent years, less than a third (about 26%) of all claims for Social Security Disability (SSD) and supplemental security income (SSI) that are filed in Colorado have been approved by the state disability determination services agency (DDS performs determinations for the Social Security Administration at the first two levels of the system).
Even fewer appeals of denials at the disability application level were won. Mirroring most states, approximately 80% of all first appeals, or requests for reconsideration, to the Colorado disability determination services agency (requests for reconsideration) were unsuccessful as well.
Having said that, if you have been enied disability benefits and your first appeal didn’t work out, you can appeal again. This second appeal, however, will not be decided by the state disability examiner, but will instead involve a hearing before a federal administrative law judge. Statistically this is the best chance to win SSD or SSI benefits in Colorado, especially if you are represented by a disability attorney or a non-attorney disability representative.
Disability claimants in Colorado are typically 50% more likely to prevail before a judge when they are represented by an attorney than when they represent themselves. Perhaps this points in some measure to a bias on the part of judges, in that they give more credence to a claim when it is presented by a professional legal representative.
It is more likely, however, that a good disability lawyer or representative can help to craft a stronger case than you would be able to put together on your own. Few, if any claimants will know which regulations (from title 20 of the code of federal regulations), which SSRs (social security rulings), and which medical vocational grid rules will pertain to a case based on the medical and vocational evidentiary aspects of the case.
Moreover, few claimants will be able to analyze why an individual's claim was previously denied, mistakenly or not, and what types of evidence need to be brought to the attention of a disability examiner or judge in order win an allowance for a claim.
In fact, given the low rate of approval for SSD and SSI cases filed in Colorado, many claimants may want to consider consulting a disability representative or attorney even earlier in the case, if not at the outset, as opposed to after the initial application has been turned down. In some cases, a representative will able to provide advice or assistance that reduces the amount of time spent on a case.
In other instances, a representative who is proactive may be able to win a case at the disability application or reconsideration appeal level without the need for a disability hearing--simply requesting a hearing can easily add an additional year of waiting to a case.
A disability lawyer or disability representative may also be able to help point out weaknesses in your initial claim, and direct you to either supply other useful documentation or to take additional tests needed to prove your disability.
Other advantages to getting an attorney or representative at this point include the fact that, once the social security administration has been notified that an attorney is representing you, they will automatically forward all updates and notices pertaining to your case to your representative. This is a useful safeguard, especially when it comes to filing a notice to appeal (appeals must be received within 60 days of your denial, and if you miss this deadline you have to start all over again, adding months to what is already a lengthy determination process).
One thing is for certain: If the Colorado disability determination services agency denies your initial claim, it is highly unlikely that you will win disability benefits from a reconsideration appeal, and at this point you should be planning to at least consult for representation services.
In Colorado, getting someone involved in your case can have a big impact on the outcome, and you should ensure that you are ready to present the strongest possible argument to win disability benefits at a hearing before a federal judge, if one is required.
Note: The request for reconsideration appeal step is currently suspended in the state of Colorado as Colorado is one of 10 prototype states testing a system in which denied claims move immediately to the hearing level upon appeal. Reconsideration may be reinstated at some point and many consider this likely. In the meantime, a claimant who is denied on a disability application should request, and prepare, for a hearing before a federal administrative law judge.
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Can you work while getting or applying for Disability?
How Often Does Social Security Approve Disability The First Time You Apply?
Tips for getting Social Security Disability or SSI benefits approved
What medical conditions will get you approved for disability?
What kind of Mental Problems Qualify for Disability?
Receiving a Disability Award Letter
Conditions Social Security will recognize as a disability
Previously answered questions regarding SSD and SSI
Applying for disability in your state
Most popular topics on SSDRC.com
Social Security Disability SSI Questions
The listings, list of disabling impairments
Can a mental illness qualify you for disability?
Disability Lawyers prevent unnecessary denials
How much Social Security Disability SSI back pay?
How to apply for disability for a child or children
Filing a Social Security Disability SSI application
Filing for disability - when to file
How to apply for disability - where to apply
Qualifications for disability benefits
How to Prove you are disabled and Win your Disability Benefits
Qualifying for Disability - The Process
How to get disability for depression
Getting disability for fibromyalgia
SSI disability for children with ADHD
What is the Application Process for Social Security Disability and SSI?
Common Mistakes to avoid after being denied for Disability
Social Security Disability SSI Exam tips
More Social Security Disability SSI Questions
Social Security Disability SSI definitions
What makes you eligible for Social Security Disability or SSI?
New and featured pages on SSDRC.com
Who can help me file for disability?
Individual Questions and Answers
For the sake of clarity, SSDRC.com is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by former caseworker and former disability claims examiner, Tim Moore, who was interviewed by the New York Times on the topic of Social Security Disability and SSI benefits in an article entitled "The Disability Mess" and also by the Los Angeles Times on the subject of political attempts to weaken the Social Security Disability system.
The goal of the site is to provide information about how Social Security Disability and SSI work, the idea being that qualified information may help claimants pursue their claims and appeals, potentially avoiding time-consuming mistakes. If you find the information on this site helpful and believe it would be helpful to others, feel free to share links to its homepage or other pages on website resource pages, blogs, or social media. Copying of this material, however, is prohibited.
To learn more about the author, please visit the SSDRC.com homepage and view the "about this site" link near the bottom of the page.