Qualifying for Disability in Colorado
If you have a disabling condition, you know how challenging it can be to just get through the day. No matter how small, every task can feel like a significant undertaking.
And if you have a disability that prevents you from working, financial resources can dry up in a heartbeat. Fortunately, federal programs like Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) can provide you with a steady income even if you can't work.
Criteria You Must Meet to Qualify for SSDI Benefits
Have Earned Enough Work Credits
The number of work credits you need depends on your age. Generally, if you're younger, you'll need fewer credits to qualify for SSDI because you haven't had as much time to work. Older applicants usually need more.
Most people will need 40 work credits to qualify for this disability program. 20 of these must have been earned in the last 10 years, ending with the year you became disabled.
Have a Disabling Medical Condition
Your medical condition must be severe enough to limit your ability to perform substantial work. The Social Security Administration (SSA) maintains a list of conditions it considers disabling. However, even if your condition isn't on the list, you may still qualify if it prevents you from working.
Have a Long-Term Disability
Your disability must be expected to last at least one year or result in death. Temporary or short-term conditions typically don't qualify for SSDI.
Have an Income That Doesn't Exceed Established Limits
If you're still working, your monthly income can't exceed the limits allowed under Social Security guidelines. However, the SSA lets you test your ability to return to work without immediately losing your monthly benefits through a "trial work period." During this phase, you can work and still receive your full SSDI benefits, regardless of how much you earn.
In 2024, any month you earn over $1,110 before taxes counts towards this trial. This period lasts up to 9 months within a rolling 60-month (5-year) period.
The months do have to be consecutive. For example, if you work for three months, stop, and then work again a year later, each month you earn above the threshold still counts toward your nine-month limit.
After your nine-month trial ends, an "extended period of eligibility" (EPE) kicks in. During these 36 months, you can work without getting your benefits slashed. In 2024, the EPE earnings limit is $1,550 per month ($2,590 if you're blind). If your income exceeds the earning limit in any month, you won't get a disability payment for that period.
Once the EPE is over, your monthly payments will be discontinued if you continue to go over the limit.
How to Qualify for SSI Benefits in Colorado
Supplemental Security Income (SSI) is designed for individuals who have a disability but haven't worked enough to qualify for SSDI. Unlike SSDI, SSI is based on financial need rather than having a work history. To qualify for SSI in Colorado, you must meet the following criteria:
Assets Must Be Below Allowable Levels
You must also have limited assets. Individuals can own up to $2,000 in countable resources, while couples can have up to $3,000.
Countable resources include cash, bank accounts, stocks, and other property easily converted to cash. Some assets, such as your primary home and vehicle (if you have only one), don't count toward this limit.
You Must Have a Qualifying Disability
If you're younger than 65, you must have a disabling medical condition that prevents you from working and is expected to last for one year or result in death. If you're over 65, you might qualify even if you don't have a disability. Legally blind individuals and children with disabilities may also be eligible.
You Must be a United States Resident
You must be a US citizen or meet specific non-citizen eligibility requirements (like legal residency status). You must also be a resident of one of the 50 states, the District of Columbia, or the Northern Mariana Islands. People living in Puerto Rico, Guam, or other US territories generally don't qualify for SSI.
Common Conditions Qualifying for Disability in Colorado
The SSA has a "Blue Book" that lists medical conditions considered severe enough to qualify for Social Security disability benefits. Some of the common conditions that may qualify Colorado residents for benefits include:
Mental Health Conditions: Mental health conditions like anxiety disorders, depression, bipolar disorder, post-traumatic stress disorder (PTSD), and schizophrenia.
Musculoskeletal Disorders: Conditions like arthritis, back pain, spinal disorders, and severe joint pain that limit mobility.
Neurological Disorders: Epilepsy, multiple sclerosis (MS), disease, and other conditions affecting the nervous system.
Cardiovascular Conditions: Heart disease, hypertension, and other cardiovascular issues.
Chronic Illnesses: Cancer, diabetes, kidney disease, and other long-term illnesses.
Respiratory Conditions: Asthma, chronic obstructive pulmonary disease (COPD), and similar breathing disorders.
Even if your condition isn't on this list, you may still qualify if you can prove that your condition significantly limits your ability to perform basic work activities.
Frequently Asked Questions
How hard is it to get federal disability benefits in Colorado?
It can be pretty difficult to get disability benefits in Colorado. From 2010 to 2019, Only 21% of applicants were awarded SSDI benefits at the initial claims level. To boost your chances of getting a favorable decision, it's essential to make a compelling case. A Social Security disability lawyer working for a reputable law firm can help you do this.
Do I need a disability attorney to file for Colorado disability benefits?
There's no requirement stating that you must have an attorney to file for federal disability benefits. However, hiring a disability lawyer in Colorado can significantly boost your chances of approval, particularly if your initial application is denied.
How long does it take to get a decision on a disability claim?
The time it takes to receive a decision on a disability claim can vary. Initial applications can take anywhere from 3 to 6 months for processing.
If your SSI or SSDI application is denied and you need to appeal, the process could take much longer, sometimes over a year. Delays can happen if there are issues with your paperwork or if more medical evidence is needed.
What should I do if my disability application is rejected?
If your application is rejected, don't lose hope because most applications are denied on the first try. You have the right to appeal the decision, but you must do so within 60 days of receiving your denial letter. It's a good idea to consult with a disability attorney who can help you gather more evidence and represent you during the appeals process.
What kinds of medical evidence do I need to provide?
To prove your disability, you need to provide thorough medical evidence, such as reports, treatment records, test results, imaging (like X-rays or MRIs), and statements from healthcare providers. The more detailed and recent your medical records are, the better.
Will I still get benefits if my condition improves?
If your condition improves to the point where you can return to work, your benefits may be adjusted or stopped. The SSA conducts periodic reviews of your case to determine if you are still eligible for benefits. If you show improvement, they may decide that you no longer qualify.
The Secret to Getting the Social Security Benefits You Deserve
Filing for federal disability benefits in Colorado can be time-consuming and complex. So much can go wrong if you don't know what you're doing.
Because there are so many forms to fill out, it's easy to make mistakes or leave out crucial information. Even a tiny error can result in long delays or cause your SSDI or SSI application to be rejected.
Plus, you must convince a claims examiner or an administrative law judge that your medical condition prevents you from holding a job. This can be difficult to do if you've never done it before.
A qualified Social Security disability lawyer has extensive experience helping clients navigate the often headache-inducing process of securing federal disability benefits. Having one by your side can significantly boost the chances of a successful outcome.