Social Security being a federal program, Social Security Disability law is federal law and all Social Security Disability appeals will be heard in a federal court.
The vast majority of Social Security Disability benefit claims are denied the first time you apply for the benefits. It is highly advisable, with so much at stake, to consult with a lawyer. There are many attorneys specializing in Social Security Disability Law In Colorado, who are familiar with the entire appeals process, and understand what information the Social Security Administration is looking for in an application for benefits, and can help you prepare your appeal.
Principles of Social Security Disability Law
In order to be eligible for benefits under the tenets of the Social Security Disability or Supplemental Security Income programs, you need to have a documented physical or mental health condition that prevents you from working full time for at least twelve months. The Social Security Administration, also known as the SSA, will determine whether you have any ability to work. If your ability to work is very limited, you will be deemed disabled, and therefore you will likely be eligible for benefits.
The federal Social Security Disability Act defines “disability” as the “inability to engage in any substantial gainful activity by reason of any medically determinable physician or mental impairment which can be expected to last for a continuous period of not less than 12 months or result in death."
Additionally, in order to be eligible for Social Security Disability Benefits or SSDI you have to have worked in recent years. Normally, you’ll have to have worked for five out of the last ten years. For individuals younger than thirty-one years old, the requirements are somewhat different, considering they’ve spent less time as part of the workforce.
Another form of Social Security disability benefit is Supplemental Security Income benefits or SSI. This is paid to individuals who are at a lower-level of income. SSI’s child’s disability benefits are paid to children who are eighteen years old or younger, disabled, and have parents or guardian(s) of a lower level of income.
Appealing a Denial of Social Security Disability Benefits
Most claims for Social Security Disability benefits are denied upon your first application. This does not in any way guarantee that you will be ineligible for, and therefore not receive, disability benefits, however. After you are denied Social Security Disability benefits, you will likely wish to consult with a seasoned attorney with experience in Colorado Social Security Disability law. You will have an excellent chance of winning your Social Security Disability benefits case if you appear at your hearing with a well-prepared and experienced attorney.
