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Find a Lawyer in DenverAbout Social Security Law in Denver, United States
Social Security is a federal program administered by the Social Security Administration - SSA - that provides several types of benefits, including retirement, survivors, and disability payments. In Denver, like elsewhere in the United States, the core eligibility rules for Social Security Disability Insurance - SSDI - and Supplemental Security Income - SSI - follow federal law. However, local offices and state agencies handle the practical steps of applying, developing medical records, and hearing appeals. Important local players include the Denver SSA field offices, the Denver hearing office that schedules administrative law judge hearings, and Colorado state agencies that make medical determinations and coordinate health coverage and other safety-net benefits.
Why You May Need a Lawyer
Many people can submit a basic application without an attorney, but legal help becomes important when cases are complex or denied. Common situations in which you may need a lawyer include:
- Your initial SSDI or SSI claim is denied and you need to appeal to a hearing before an administrative law judge.
- The medical evidence is incomplete, inconsistent, or needs expert interpretation to show how your condition limits your ability to work.
- You face a continuing disability review or a reconsideration that threatens benefit suspension or overpayment claims.
- You need help with benefit planning, such as how work activity, other income, or state benefits affect your monthly payments.
- There are disputes about representative payees, alleged overpayments, or capability to manage funds.
- You need to gather past-due benefits or pursue back-pay claims, where accurate calculation and negotiation can affect the amount you receive.
A lawyer experienced in Social Security often gathers medical records, obtains vocational and medical expert testimony, prepares you for hearings, files timely appeals, and ensures fee rules are followed. Most Social Security lawyers work on contingency - they are paid only if you win - and fees are subject to SSA approval.
Local Laws Overview
Because Social Security is a federal program, the eligibility tests for disability and the appeals process are governed by federal statutes and SSA regulations. Local law and practice affect how cases are processed in Denver in these ways:
- Application processing and medical development: Colorado Disability Determination Services - DDS - handles the medical review and initial determinations following federal rules. Timely and complete medical records from local providers help DDS make accurate decisions.
- Hearings and appeals: Administrative law judges in the Denver hearing office conduct hearings and issue decisions under federal law. Local hearing schedules, availability of medical or vocational experts, and backlog at the particular hearing office affect how long appeals take.
- Coordination with state programs: State programs such as Health First Colorado (Colorado Medicaid) and state vocational rehabilitation programs interact with SSA benefits. Eligibility for state benefits may depend on your Social Security status, and vice versa.
- Local procedural timelines: Appeals typically require prompt action. In most cases you must file for the next level of appeal within about 60 days of the date on the SSA notice - extensions are sometimes available for good cause. Missing deadlines can forfeit appeal rights unless an extension is granted.
- Local resources and advocacy: Denver has legal aid groups, disability advocacy organizations, and law school clinics that understand how federal Social Security rules are applied locally and can assist with evidence collection, appeals, and benefit planning.
Frequently Asked Questions
What is the difference between SSDI and SSI?
SSDI is an insured benefit for workers who paid Social Security taxes and earned sufficient work credits. SSDI pays a monthly benefit based on the worker's earnings record and may provide Medicare after a qualifying period. SSI is a needs-based program for people with limited income and resources - SSI pays a federal benefit that is the same nation-wide but can be affected by other income, living arrangements, and state supplements. Both programs use the same definition of disability for adults.
How does SSA define "disabled" for adults?
For adults, SSA considers you disabled if you cannot do any substantial gainful activity because of a medically determinable physical or mental impairment expected to last at least 12 months or result in death. SSA evaluates your ability to work through a five-step sequential review that looks at work activity, severity of impairment, whether impairment meets or equals a listed condition, ability to perform past work, and ability to perform other work given your age, education, and residual functional capacity.
What should I do if my claim is denied?
Read the denial notice carefully and follow the instructions. You generally have a limited time to request the next level of appeal - usually about 60 days. Common next steps are to request reconsideration or, if your state uses the hearing-first model or you are past that step, to request a hearing before an administrative law judge. Consider getting a lawyer early for an appeal, because attorneys can help collect medical records, prepare legal arguments, and represent you at hearings.
How long do appeals and hearings take in Denver?
Timing varies based on the stage of the claim and the backlog at local offices. Initial decisions may take weeks to months; hearings before administrative law judges can take many months or longer to schedule. After a hearing, decisions also take additional time. If your situation is urgent, an attorney can help with requests for expedited handling or medical-vocational strategies, but there is no guaranteed fast track except in narrowly defined emergency situations.
What evidence is most important for a disability claim?
Objective medical records that document diagnosis, treatment, functional limitations, test results, imaging, and treating provider opinions are critical. Records should show how your condition limits your ability to sit, stand, walk, lift, concentrate, handle stress, or perform other job-related tasks. Work history, statements about daily activities, and documentation of treatments tried and their effects also matter. Vocational information, like past job descriptions and transferable skills, can be important for later steps in the disability review.
Can I work while receiving SSDI or SSI?
Both programs have rules that allow some work activity without automatic loss of benefits, but the limits differ. SSDI has a concept of substantial gainful activity - earning above a set monthly threshold generally indicates you are not disabled. SSA also has work incentives like trial work periods and extended periods of eligibility. SSI treats income and resources differently and can reduce monthly payment amounts. Always report work activity and income to SSA to avoid overpayments and penalties.
How are attorney fees handled in Social Security cases?
Attorneys typically work on a contingency basis and their fees must be approved by SSA. For many types of claims, fees are taken from past-due benefits rather than charged upfront. The fee amount is subject to SSA rules and review. Check any fee agreement carefully, and make sure fee approval is obtained through SSA procedures before the lawyer collects funds from benefits.
What if SSA says I was overpaid?
Overpayment notices explain the amount SSA believes you received incorrectly and why. You have rights to request reconsideration or to appeal, and to request waiver of the overpayment if you believe you were not at fault and repayment would cause financial hardship. Timely action and documentation of your finances are key. An attorney or local legal aid provider can advise on whether to request a waiver or appeal the determination.
Can children receive SSI and how do I apply?
Children with qualifying disabilities may be eligible for SSI if they meet the medical and financial criteria. The definition of disability for children focuses on functions appropriate to developmental age. Parents or guardians apply either online, by phone, or in person at an SSA office; local disability advocates and attorneys can assist with evidence collection and the application process.
How do I find local legal help or a representative in Denver?
Look for attorneys and advocates who specialize in Social Security disability claims. Sources include local legal aid organizations, disability law centers, the state bar association referral service, and law school clinics. When choosing representation, check experience with Social Security, whether they handle appeals and hearings, fee arrangements, and client reviews. You must sign a written fee agreement and SSA Form 1696 or similar form to authorize the representative.
Additional Resources
Below are types of organizations and offices that can be useful when you need information or assistance:
- Social Security Administration field offices and national SSA contact points for help with applications, appeals, and benefit questions.
- Denver hearing office where administrative law judge hearings are scheduled and decided.
- Colorado Disability Determination Services - the state agency that evaluates medical evidence for disability claims.
- Health First Colorado - Colorado's Medicaid program that coordinates with SSI and can provide health coverage to eligible recipients.
- Colorado Legal Services and local legal aid organizations that provide free or low-cost legal help for eligible applicants.
- Disability Law Colorado and other nonprofit disability advocacy organizations that provide legal advice, representation, and resources.
- Colorado Division of Vocational Rehabilitation for employment supports and planning that may affect Social Security case strategy.
- Local law school clinics and pro bono programs that sometimes assist with Social Security claims and appeals.
- Veterans service organizations if you are a veteran, to help coordinate VA benefits and Social Security issues.
Next Steps
If you think you need legal help with a Social Security matter in Denver, use these practical steps:
- Gather documentation: collect all SSA notices, medical records, treatment summaries, medication lists, test results, employment history, and statements about daily activities.
- Note deadlines: read any SSA notices carefully and calendar the appeal deadlines. If you miss a deadline, contact an attorney immediately to explore extensions or other remedies.
- Get an initial consultation: contact a Social Security practitioner, legal aid organization, or clinic for a case review. Many providers offer free or low-cost initial consultations.
- Ask the right questions: confirm the attorney or advocate has specific Social Security experience, whether they represent clients at hearings, how fees are handled, and what the likely timeline and strategy will be.
- Complete representation paperwork: if you hire a representative, sign the SSA-required authorization form so your lawyer can access records and file documents on your behalf.
- Stay engaged: respond promptly to requests for information, attend medical appointments, follow prescribed treatments, and keep your representative updated on any changes in your health or work status.
- Explore benefits coordination: ask about how other programs - Medicaid, Medicare, disability insurance, veterans benefits, and local support services - may interact with Social Security benefits and what planning can protect your resources and access to care.
Getting experienced help early, staying organized, and acting promptly on appeal rights will significantly improve your chances of a favorable result. If you are unsure where to start, reach out to a local legal aid or disability advocacy organization for an initial assessment of your situation.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.