Working on SSDI: Colorado, Colorado Denial Guide

Working on SSDI After a Denial: A Colorado, Colorado Claimant’s Guide

If you live in Colorado, Colorado and your Social Security Disability Insurance (SSDI) claim was denied, you are not alone—and you still have options. SSDI is a federal program governed by the Social Security Act and detailed regulations in Title 20 of the Code of Federal Regulations (CFR). Even though the rules are federal and apply the same in every state, where you live matters for practical reasons, like which field offices serve you, where hearings may be scheduled, and the local resources available to help. This guide explains your appeal rights, how working can affect eligibility during your case, and the exact steps Colorado residents can take to protect their claims.

We take a slightly claimant-forward approach: you earned your SSDI coverage by working and paying into Social Security, and you deserve a fair, lawful review. At the same time, this guide stays strictly factual and cites the binding rules that govern SSDI decisions and appeals. Because many workers in Colorado’s largest cities such as Denver, Colorado Springs, Fort Collins, and Pueblo may try to return to work during the process, we clarify how work activity interacts with key eligibility standards like substantial gainful activity (SGA), trial work periods (TWP), and extended periods of eligibility (EPE).

SSA’s appeals process is structured and deadline-driven. Most appeal deadlines are 60 days from receiving a decision, and the agency presumes you receive notices five days after the date on the notice unless you prove otherwise. See 20 CFR 404.909(a)(1) (reconsideration), 20 CFR 404.933(b) (hearing), 20 CFR 404.968(a) (Appeals Council), and 20 CFR 404.901 (five-day receipt presumption). If the Appeals Council denies review or issues an unfavorable decision, you generally have 60 days to file a civil action in federal district court under section 205(g) of the Social Security Act, 42 U.S.C. 405(g). This guide walks you through each stage and offers practical steps to build a stronger record in Colorado.

Primary search phrase note: We address the concerns of SSDI denial appeal colorado colorado filers by outlining both the legal standards and the real-world next steps to help you move your case forward.

Understanding Your SSDI Rights (Colorado, Colorado)

What SSDI requires

To qualify for SSDI, you must meet work credit and medical requirements. The Social Security Act defines disability as the inability to engage in any substantial gainful activity (SGA) by reason of a medically determinable impairment expected to result in death or last at least 12 months. See Social Security Act § 223(d), 42 U.S.C. 423(d). SSA applies a five-step sequential evaluation to every adult claim. The rules for this process are primarily found at 20 CFR 404.1520 and related sections, including:

• Step 1: Work Activity (SGA) — If you are working and your earnings are over the SGA level, SSA generally finds you not disabled at Step 1. See 20 CFR 404.1571–404.1576.
• Step 2: Severity — Your impairment(s) must significantly limit basic work activities for at least 12 months. See 20 CFR 404.1520(c).
• Step 3: Listings — SSA compares your condition to the Listing of Impairments in appendix 1 to subpart P of part 404. If you meet or equal a listing, you are found disabled. See 20 CFR 404.1520(d).
• Step 4: Past Relevant Work — SSA assesses your residual functional capacity (RFC) to decide if you can return to past relevant work. See 20 CFR 404.1520(f), 404.1560(b).
• Step 5: Other Work — If you cannot do past work, SSA considers age, education, work experience, and RFC to decide if you can adjust to other work that exists in significant numbers. See 20 CFR 404.1520(g), 404.1560(c), 404.1563 (age categories).

Your core procedural rights

• Right to appeal — You have the right to request reconsideration, a hearing before an Administrative Law Judge (ALJ), review by the Appeals Council, and judicial review in federal court. See 20 CFR 404.900(a).
• Right to representation — You can appoint a representative (attorney or qualified non-attorney). See 20 CFR 404.1705. Fees must be approved by SSA. See 20 CFR 404.1720–404.1725.
• Right to review and submit evidence — You may review your file and submit medical and non-medical evidence. See 20 CFR 404.1512 (evidence and deadlines) and 20 CFR 404.935 (evidence submission at the hearing level).
• Right to a fair hearing — At hearing, you can testify, present evidence, and question witnesses (such as vocational or medical experts). See 20 CFR 404.929–404.944.

Working while your case is pending

Colorado residents often try to work while waiting for decisions. Work can affect your case in several ways:

• SGA threshold — Earnings at or above SGA level may lead to a denial at Step 1 for periods you are working at that level. SSA publishes SGA amounts annually; check current figures on SSA’s site.
• Unsuccessful Work Attempt (UWA) — Brief work that stops or drops below SGA due to your impairments may be disregarded for SGA purposes. See 20 CFR 404.1574(c) (employees) and 20 CFR 404.1575(d) (self-employed).
• Subsidies and special conditions — If you work with extra help or at reduced productivity, part of your pay may not count toward SGA. See 20 CFR 404.1574(a)(2).
• Impairment-Related Work Expenses (IRWE) — Out-of-pocket costs for items/services you need to work due to your impairment can reduce countable earnings. See 20 CFR 404.1576.

Always report work activity promptly. See 20 CFR 404.1588 (reporting requirements). If you are already entitled to SSDI, SSA’s trial work period (TWP) and extended period of eligibility (EPE) may allow attempts to work without immediately losing entitlement. See 20 CFR 404.1592 (TWP) and 20 CFR 404.1592a (EPE). These rules can interact with your appeal; careful documentation preserves your credibility and claim strength.

Common Reasons SSA Denies SSDI Claims

Understanding why claims are denied helps you correct the record on appeal. Frequent reasons include:

1) Substantial gainful activity (SGA)

If you are working above SGA in the period at issue, SSA usually denies the claim at Step 1. However, if your work was short-lived due to your impairment, it may qualify as an unsuccessful work attempt under 20 CFR 404.1574(c). Evidence such as employer statements, performance reviews, write-ups related to your symptoms, and time-off records can show why the work ended.

2) Insufficient medical evidence or gaps in treatment

SSA relies on objective medical evidence from acceptable medical sources (e.g., licensed physicians, psychologists). Lack of diagnostic testing, specialist evaluations, or longitudinal records can lead to denial. SSA may schedule a consultative examination if needed. See 20 CFR 404.1519a–404.1519t.

3) Conditions not severe for 12 months

The impairment must be expected to last at least 12 months or result in death. Short-term limitations typically do not meet the statutory definition. See 42 U.S.C. 423(d)(1)(A) and 20 CFR 404.1509.

4) Ability to do past relevant work

At Step 4, SSA decides whether your residual functional capacity (RFC) allows you to perform the job tasks of your past relevant work as actually performed or as generally performed in the national economy. See 20 CFR 404.1560(b). Detailed job descriptions and employer statements help clarify why you cannot return.

5) Ability to adjust to other work

At Step 5, SSA may find you can perform other jobs based on vocational expert (VE) testimony and the Medical-Vocational Guidelines. See 20 CFR 404.1560(c) and 404 subpart P, appendix 2. Functional limits (e.g., off-task time, absenteeism, need to elevate legs) can change the outcome if well supported.

6) Noncompliance or limited credibility

Missed appointments or inconsistent statements may harm your case. Provide good-cause explanations when appropriate. See 20 CFR 404.911 (good cause for late filing) and 20 CFR 404.1518 (failure to follow prescribed treatment, with exceptions).

7) Drug or alcohol involvement

If drug addiction or alcoholism (DAA) is a contributing factor material to disability, SSA must deny the claim. The key question is whether you would still be disabled if you stopped using. See 20 CFR 404.1535.

Federal Legal Protections & Regulations You Can Use

SSDI claimants in Colorado benefit from firm federal safeguards. Among the most important:

• Right to sequential evaluation and evidence-based decisions — SSA must apply the five-step process and base decisions on the record. See 20 CFR 404.1520; 20 CFR 404.1512.
• Appeal deadlines and five-day presumption — Generally 60 days to appeal, with the date of receipt presumed five days from the notice. See 20 CFR 404.909(a)(1), 404.933(b), 404.968(a), 404.901.
• Good cause for late filing — If circumstances beyond your control prevented timely filing, SSA may extend deadlines. See 20 CFR 404.911.
• Right to representation — You may retain an attorney or qualified non-attorney; fees require SSA approval. See 20 CFR 404.1705, 404.1720–404.1725.
• Judicial review — After the Appeals Council, you may file in federal district court within 60 days. See Social Security Act § 205(g), 42 U.S.C. 405(g).

Work incentives during and after entitlement

• Unsuccessful work attempts — 20 CFR 404.1574(c), 404.1575(d).
• Subsidies and special conditions — 20 CFR 404.1574(a)(2).
• IRWE — 20 CFR 404.1576.
• TWP and EPE — 20 CFR 404.1592 and 404.1592a.

Colorado claimants who try part-time or accommodated work should preserve records that demonstrate reduced productivity, special supervision, extra breaks, or medical flare-ups that prevented sustained work. This documentation can be pivotal under the cited regulations.

Steps to Take After an SSDI Denial

After a denial, follow the required order of appeals. Each step has a specific deadline and evidentiary expectations. Adhering to these rules in Colorado, Colorado will protect your rights and maximize your chance of success.

1) Reconsideration (60 days)

• Deadline — File within 60 days of receiving the denial. See 20 CFR 404.909(a)(1); 20 CFR 404.901 (five-day presumption). If late, request good cause under 20 CFR 404.911.
• What happens — A different SSA reviewer re-evaluates your claim. You can and should file updated medical evidence and statements from treating sources describing your functional limits. See 20 CFR 404.1512.
• Working during reconsideration — Report any work. If your earnings fluctuate or you need special conditions, submit proof (e.g., employer statements). Cite UWA or subsidies when applicable under 20 CFR 404.1574 and 404.1575.

2) Hearing before an Administrative Law Judge (60 days)

• Deadline — Request your hearing within 60 days. See 20 CFR 404.933(b), 404.929.
• Preparation — Organize exhibits, medical source statements, and a pre-hearing brief addressing the five-step framework, with citations to 20 CFR 404.1520. Identify listing criteria if relevant (appendix 1 to subpart P of part 404). Provide a detailed function report and third-party observations.
• At the hearing — You can testify, present witnesses, and cross-examine vocational experts. See 20 CFR 404.929–404.944. Clarify why work attempts failed (UWA), how accommodations or subsidies were necessary, or how IRWEs reduce countable earnings (20 CFR 404.1576).
• Submission deadlines — SSA can set evidence submission deadlines. See 20 CFR 404.935. If new evidence emerges late, explain why and request admission for good cause.

3) Appeals Council review (60 days)

• Deadline — File within 60 days of the ALJ decision. See 20 CFR 404.968(a), 404.967.
• Grounds — The Appeals Council may review if the ALJ made an error of law, findings are not supported by substantial evidence, or there is a broad policy issue. Provide pinpoint citations to the hearing record and controlling regulations.
• Outcomes — The Council may deny review, issue its own decision, or remand for a new hearing. See 20 CFR 404.979–404.984.

4) Federal court (60 days)

• Deadline — File a civil action within 60 days after receiving the Appeals Council decision or denial of review. See 42 U.S.C. 405(g).
• Forum — For Colorado residents, suits are filed in the U.S. District Court for the District of Colorado. Federal court reviews the administrative record to decide whether SSA’s decision is supported by substantial evidence and free from legal error.
• Counsel — To represent you in district court, an attorney must be admitted to that federal court’s bar. You can still retain counsel earlier for administrative stages.

Practical Evidence Tips That Carry Weight

• Diagnoses + function — Diagnoses alone are not enough; tie symptoms to work-related limits like lifting, standing, focus, pace, and attendance. Ask treating providers for detailed medical source statements using vocationally relevant terms (e.g., off-task percentage, need to lie down).
• SSA-consistent language — Frame evidence in terms of the five-step analysis and RFC. Cite objective test results, longitudinal records, and specialist opinions.
• Document work attempts — Keep pay stubs, schedules, performance notes, accommodation emails, and records of medical absences. If you had help or worked below standard productivity, request an employer statement identifying the subsidy or special conditions (20 CFR 404.1574(a)(2)).
• IRWE receipts — Maintain receipts for impairment-related work expenses to reduce countable earnings (20 CFR 404.1576).
• Consistency matters — Be consistent across forms, medical visits, and testimony. If something changes, explain why (e.g., new diagnosis, medication side effects).

Key Deadlines and the Federal “Statute of Limitations” for Appeals

• Reconsideration — 60 days from receipt of the initial denial. 20 CFR 404.909(a)(1).
• ALJ Hearing — 60 days from receipt of the reconsideration denial. 20 CFR 404.933(b).
• Appeals Council — 60 days from receipt of the ALJ decision. 20 CFR 404.968(a).
• Federal Court — 60 days from receipt of the Appeals Council’s action to file a civil action. Social Security Act § 205(g), 42 U.S.C. 405(g).
• Five-day presumption — SSA presumes you receive notices five days after the date on the notice unless you show otherwise. 20 CFR 404.901.
• Good cause — You may ask SSA to extend time for good cause. 20 CFR 404.911.

How Working Affects Your SSDI Appeal in Colorado

Because the topic for this guide is working on SSDI, here is a consolidated view of how work fits into different stages:

• Before approval — If your current earnings are at or above SGA, SSA may deny at Step 1. However, if your earnings are below SGA, or the work qualifies as an UWA, your claim can still succeed. See 20 CFR 404.1574(c) and 404.1575(d).
• During appeals — You can continue working if you are able; keep SSA updated. Use evidence to show why earnings should not count as SGA (e.g., subsidy, IRWE) or why the work stopped due to impairment.
• After entitlement — If you win, TWP and EPE rules allow attempts to work with guardrails before cash benefits stop due to SGA-level earnings. See 20 CFR 404.1592 and 404.1592a. Always report work promptly (20 CFR 404.1588).

SSA updates SGA dollar thresholds annually. To verify the current SGA level and how it differs for statutorily blind claimants, consult SSA’s published SGA amounts.

When to Seek Legal Help for SSDI Appeals in Colorado

You have the right to representation at all stages. Representatives can help frame the record under the controlling regulations, obtain persuasive medical opinions, prepare you to testify effectively, and brief legal issues for the ALJ or Appeals Council.

• Administrative representation — Attorneys and qualified non-attorneys may represent you before SSA. See 20 CFR 404.1705. Fees are subject to SSA approval, and fee agreements or fee petitions are governed by 20 CFR 404.1720–404.1725.
• Colorado attorney licensing — Only attorneys licensed and in good standing in Colorado may provide legal advice about Colorado law. For federal court review of an SSDI case under 42 U.S.C. 405(g), an attorney must also be admitted to practice in the U.S. District Court for the District of Colorado.
• When to call counsel — If your medical provider supports significant limitations, if a vocational expert is expected at hearing, or if work attempts or earnings complicate your SGA analysis, representation can be especially valuable.

Local Resources & Next Steps for Colorado, Colorado Claimants

Colorado’s SSA footprint and how to find your office

Colorado SSDI claimants are served by SSA field offices located throughout the state and by the Denver Regional Office. To confirm the address, hours, and services for the office that serves your ZIP code, use SSA’s official office locator. The Denver regional website also posts region-specific information and contacts for Region 8 (which includes Colorado). Hearings for Colorado cases are scheduled by SSA and may be held in person, by video, or by telephone; your Notice of Hearing will identify the method and location.

Medical and documentation tips close to home

• Keep a Colorado care team — Continuity of care with local primary and specialty providers strengthens your longitudinal record, which SSA weighs heavily under 20 CFR 404.1520c (supportability and consistency of medical opinions).
• Emergency and urgent care records — Colorado claimants should request records whenever flare-ups lead to ER or urgent visits. These entries can corroborate frequency and severity of symptoms.
• Functional documentation matters — Ask providers to translate clinical findings into specific work-related restrictions (e.g., lift/carry limits, need for unscheduled breaks, time off-task, likely absences).

Your next steps, in order

• Read the denial letter carefully — Identify whether the denial was based on SGA, medical severity/duration, RFC, or vocational findings.
• Mark your 60-day deadline — Use SSA’s five-day mailing presumption to calculate when the clock starts. See 20 CFR 404.901, 404.909, 404.933, 404.968.
• File the appeal online or with your local office — Keep confirmation receipts. If late, include a good-cause statement under 20 CFR 404.911.
• Update evidence — Add recent treatment notes, imaging, labs, therapy records, and detailed opinion letters. Ensure sources are acceptable under 20 CFR 404.1502 and the evidence rules at 20 CFR 404.1512.
• Prepare for hearing — Draft a pre-hearing brief tying evidence to listing criteria or RFC limitations. Anticipate VE hypotheticals and prepare cross-examination points.
• Report work activity — If you work or attempt to work, notify SSA and document UWA, subsidy, IRWE, or special conditions per 20 CFR 404.1574–404.1576.

Frequently Asked Questions (Colorado, Colorado)

Can I appeal if I missed the 60-day deadline?

Possibly. Request an extension citing good cause under 20 CFR 404.911. Provide documentation (e.g., hospitalization, significant mail delays, or other circumstances beyond your control).

Do Colorado hearings happen in person?

Hearings may be in person, by video, or by telephone. The Notice of Hearing identifies the format and location for your case and how to object if you have a preference. See 20 CFR 404.936.

Will part-time work ruin my case?

Not necessarily. SSA evaluates whether earnings meet SGA and whether the work reflects subsidies, special conditions, or an unsuccessful work attempt. Provide detailed proof as allowed by 20 CFR 404.1574–404.1576.

What if I already tried to return to work after an award?

SSA’s TWP and EPE rules may protect your entitlement while you test your capacity for work. See 20 CFR 404.1592 and 404.1592a. Always report work promptly (20 CFR 404.1588).

Authoritative Resources

• SSA: How the Disability Appeals Process Works
• eCFR: 20 CFR Part 404 (Disability Insurance Benefits)
• SSA: Substantial Gainful Activity (SGA) Amounts
• SSA: Local Office Locator (by ZIP Code)
• SSA Denver Region (Region 8) Information

Legal Disclaimer

This guide is for informational purposes only and is not legal advice. Laws and regulations change, and application to individual facts varies. Consult a licensed Colorado attorney about your specific situation.

Get Help

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