SSDI Amount Appeals Guide for Colorado, Colorado

Introduction: Why SSDI Denials Matter in Colorado

Colorado is home to more than 5.8 million residents, and roughly 6 percent receive some form of Social Security disability benefit, according to the Social Security Administration’s (SSA) Annual Statistical Report. If you live in Denver, Colorado Springs, Fort Collins, or anywhere else in the Centennial State, a denial letter from the SSA can feel devastating. Your SSDI monthly amount is often the difference between paying the mortgage and losing your home. Fortunately, federal law offers several layers of protection—and multiple chances to challenge an unfair decision.This step-by-step legal guide slightly favors the rights of claimants while remaining strictly factual. It explains why claims are denied, lays out the Colorado-specific appeals process, cites controlling federal regulations such as 20 CFR §404.900 and 20 CFR §404.1520, and identifies local resources that can help you protect the SSDI amount you earned through years of work.

Understanding Your SSDI Rights

1. SSDI Is an Earned Benefit

SSDI is funded by the Federal Insurance Contributions Act (FICA) payroll tax. If you paid Social Security taxes long enough to achieve insured status, you have a legal right to apply for benefits if a medically determinable impairment keeps you from performing substantial gainful activity (SGA). That right flows directly from Title II of the Social Security Act, 42 U.S.C. §401 et seq.

2. The Five-Step Sequential Evaluation

Under 20 CFR §404.1520, SSA adjudicators must apply a five-step process:

• Are you working above SGA level?
• Is your condition “severe”?
• Does it meet or equal a Listing in Appendix 1, Subpart P?
• Can you perform past relevant work?
• Can you adjust to other work existing in significant numbers?

If the agency incorrectly applies any step, you may have grounds for appeal.

3. Your Right to Written Notice and Due Process

Section 205(b) of the Social Security Act and 20 CFR §404.904 guarantee written notice of any adverse decision and an opportunity for a de novo hearing before an Administrative Law Judge (ALJ). In the 1971 landmark case Goldberg v. Kelly, 397 U.S. 254, the U.S. Supreme Court affirmed that federal benefit recipients are entitled to due-process protections, including the right to present evidence, question witnesses, and obtain a written decision.

Common Reasons SSA Denies SSDI Claims

While every case is unique, SSA field offices in Colorado report that most denials fall into one of five categories:

• Insufficient medical evidence. Diagnostic imaging or specialist notes may be missing.
• Failure to follow prescribed treatment. 20 CFR §404.1530 enables SSA to deny if you did not comply without good cause. Work activity above SGA. In 2024 the SGA threshold is $1,550/month for non-blind claimants (SSA SGA table).- Alcohol or drug misuse contributing materially. See 20 CFR §404.1535.
• Paperwork errors or missed deadlines. Filing late or using the wrong form (e.g., SSA-561 vs. SSA-3441) often causes technical denials.

Knowing the precise reason helps you craft a targeted appeal to safeguard your SSDI amount.

Federal Legal Protections & Regulations

Key Statutes and Regulations

• Social Security Act §205(b) – guarantees hearings and written decisions.
• 20 CFR §404.900-.999d – sets out the four-tier administrative review process.
• 20 CFR §404.1512 – describes claimant’s burden to provide evidence.
• 20 CFR §404.1740 – governs representative conduct and fees.

Time Limits You Cannot Miss

60-day rule: Under 20 CFR §404.909, you normally have 60 days after receiving a denial to file the next appeal level. SSA presumes you received the decision five days after the date on the notice. Missing this deadline usually means starting over, which can cost months of back benefits.

Federal Court Oversight

If you exhaust all administrative remedies, 42 U.S.C. §405(g) authorizes you to file a civil action in U.S. District Court for the District of Colorado. The court can affirm, reverse, or remand an ALJ decision. Recent opinions such as Anderson v. Kijakazi, 2023 WL 1835721 (D. Colo. Feb. 8, 2023), show federal judges regularly remand cases for errors in RFC analysis or vocational testimony.

Steps to Take After an SSDI Denial

1. Re-Read Your Notice Carefully

The first page states whether the denial was medical or technical. Technical denials (e.g., insufficient work credits) often require filing a new application. Medical denials move through appeals.

2. File a Request for Reconsideration

In Colorado, reconsideration reviews are processed at the SSA Disability Determination Services (DDS) office in Aurora:

Colorado DDS 1999 Broadway, Suite 1300 Denver, CO 80202-5730 Phone: 303-844-2142Submit form SSA-561 (Request for Reconsideration) and the updated medical report form SSA-3441. Attach new evidence, such as MRI results from UCHealth or treatment records from Denver Health.

3. Request an ALJ Hearing

If DDS again denies your claim, you may request a hearing under 20 CFR §404.929. The Colorado hearing office is:

Office of Hearings Operations (OHO) 1244 Speer Blvd., Suite 400 Denver, CO 80204 Phone: 888-676-9051Average wait time in 2023 was about 11.5 months, per SSA’s OHO workload report.

4. Appeals Council Review

Unfavorable ALJ decisions go to the Appeals Council in Falls Church, VA (SSA Appeals Council). File form HA-520 within 60 days. The Council can grant review, deny, or remand.### 5. Federal District Court Litigation

If the Appeals Council affirms, your last administrative step is complete. File a civil complaint within 60 days in the U.S. District Court for the District of Colorado. Court filing fees are $402 (as of 2024), but you can move for in forma pauperis.

When to Seek Legal Help for SSDI Appeals

Why Representation Matters

The Government Accountability Office reported in 2018 that claimants represented by attorneys were nearly three times more likely to win benefits at the ALJ level. Attorneys licensed in Colorado must comply with Colo. RPC 1.5 regarding fees; SSA caps contingent fees at 25 percent of back pay or $7,200, whichever is lower (see SSA Fee Agreement Guidance).### Signs You Should Call a Lawyer

• You lack recent treatment records or cannot afford specialists.
• Your condition involves complex Listings (e.g., autoimmune disorders).
• A vocational expert testified unfavorably at your hearing.
• You are approaching the date last insured and need an onset amendment.

Cost-Benefit Analysis

Because attorney fees come from past-due benefits only, retaining counsel poses minimal financial risk while potentially increasing your ultimate SSDI amount.

Local Resources & Next Steps

Key Colorado SSA Field Offices

Denver Downtown 1500 Champa St., Denver, CO 80202 – Phone 866-574-5931Colorado Springs 1049 N. Academy Blvd., Colorado Springs, CO 80909 – Phone 888-880-0688Grand Junction 825 N. Crest Dr., Grand Junction, CO 81506 – Phone 866-758-1311

Medical Facilities That Often Provide Documentation

• UCHealth University of Colorado Hospital, Aurora
• Denver Health Medical Center, Denver
• St. Mary’s Medical Center, Grand Junction

Community Assistance

• Colorado Division of Vocational Rehabilitation – employment services and functional assessments.
• Disability Law Colorado – Protection & Advocacy organization.
• Mental Health Colorado – can supply supporting mental-health records.

Conclusion: Protect Your SSDI Amount

A denial does not mean the end of the road. By understanding federal regulations, meeting strict deadlines, supplementing the record with strong medical evidence, and considering skilled legal counsel, you can maximize your chances of overturning an adverse decision and securing the SSDI monthly amount you deserve.

Legal Disclaimer: This article is for informational purposes only and does not constitute legal advice. For advice on your specific situation, consult a licensed Colorado attorney.

If your SSDI claim was denied, call Louis Law Group at 833-657-4812 for a free case evaluation and claim review.