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Denver Social Security Disability
Alpha Disability Advocates
Disabled?
How to receive up to $2,000
a month in Social Security Disability benefits . . .
Be represented by a pro
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Did you know that . . .
- Without representation, the odds of having your initial
Social Security disability benefits application approved
are only about 33%; the application process is designed
to deny most requests.
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- On your own, you would have to fill out many confusing forms.
And, if you submit too much or too little information the odds
are you would be denied.
- In order to win your case, a significant amount of medical,
legal, and Social Security disability knowledge is required.
Advocate or attorney?
| There is definitely an advantage to hiring a disability
advocate. Many disability advocates use techniques and tools
not available to most attorneys. This allows them to complete
cases faster and with the same high level of wins as attorneys.
Also, attorneys often take many types of cases. At Alpha Disability
Advocates, we specialize in Social Security disability cases.
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We provide every client with superb personalized attention, responsive
communications, detailed analysis, and greater specialization.
Experience is the key
Linda Whitton PA-C will be your personal representative. Her 26
years of medical experience as a Physician Assistant (PA), Navy
Hospital Corpsman and Emergency Medical Technician (EMT) has uniquely
equipped her to handle your case exceptionally well.
As a Physician Assistant, she has provided many of the services
that physicians offer. She’s performed exams, maintained accurate,
comprehensive medical records, diagnosed and treated conditions,
ordered and interpreted tests, prescribed medications, prepared
case summaries, and counseled patients on their physical and mental
health.
Linda is equipped to navigate the complex requirements of the Social
Security disability benefit system and works with a team of industry experts who have
many years of experience in processing and managing Social Security
disability benefit claims.
- Licensed PA by the CO Board of Medical Examiners
- Certified PA by the NCCPA
How a case is won
- We provide a FREE case assessment. If your case is winnable,
we represent you.
- We request all relevant medical and employment history
and compile your case.
- We write carefully crafted arguments and manage the flow
of information with the Department of Social Security.
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- We receive approvals and denials, rework case deliverables,
and meet with the Administrative Law Judge (ALJ) as necessary.
- Department of Social Security pays you and our usual fee is
a percentage of your back benefits check. If we don’t win
– you don’t pay.
Call us at 303.290.6384
FAQs
- I am 50% disabled. Do I get 50% of my Social Security disability
benefits?
- I am disabled by mental illness. Can mental illness serve as the
basis for a Social Security disability claim?
- Will it help if I ask my Congressional Representative to help me
get Social Security disability benefits?
- How long does it take before Social Security makes a decision once
I file a claim for Social Security disability benefits?
- How long does it take for Social Security to make a reconsideration
determination on my Social Security disability claim?
- I am disabled. I need help with medical bills even more than I need
a cash income. How do I get help with medical bills?
- What is the difference between Medicare and Medicaid?
- If I get Social Security disability benefits will I get Medicare?
- Q: If I get Social Security disability benefits will I get Medicaid?
If you are approved for SSI you will get Medicaid. It is possible to get both
Medicare and Medicaid if you are entitled to SSI and some other type of Social
Security disability benefit. Also see 2nd above this (difference between
Medicare & Medicaid).
Q: How many different types of Social Security disability benefits are
there?
There are at least five major types of Social Security disability benefits.
Disability Insurance Benefits (SSDI) is the most important type of Social
Security disability benefits. It goes to individuals who have worked in
recent years (five out of the last 10 years in most cases) and are now
disabled.
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Disabled Widow's and Widower's Benefits are paid to individuals who are
at least 50 and become disabled within a certain amount of time after
the death of their husband or wife. The late husband or wife must have
worked enough under Social Security to be insured. Disabled Adult Child
Benefits (if they became disabled before age 22) go to the children of
persons who are deceased or who are drawing Social Security disability
or retirement benefits.
The child must have become disabled before age 22. For Disability Insurance
Benefits, Disabled Widow's or Widower's Benefits and Disabled Adult Child
benefits, it does not matter whether the disabled individual is rich or
poor. Benefits are paid based upon a Social Security earnings record.
Supplemental Security Income (SSI) benefits, however, are paid to individuals
who are poor and who are disabled. It does not matter for SSI whether
an individual has worked in the past or not. SSI child's disability benefits
are a variety of SSI benefits paid to children under the age of 18 who
are disabled. The way in which disability is determined is a bit different
for children.
Q: How do I apply for Social Security disability benefits?
There are three options. 1) You can go to the nearest Social Security office
in person and wait (often for a few hours) to see someone to file the claim
in person. 2) Alternatively, you can apply over the internet at www.ssa.gov/disability ,
or 3) contact Social Security by telephone and arrange for a telephone interview
to file the claim. If you have a representative, he or she can also be on the
phone when you apply. It is best to review your case with a representative before
you apply. This will allow the representative time to create a strategic approach
to your case.
Q: I am disabled, but I have plenty of money in the bank. Do I have to
wait until this money is gone before I apply for Social Security disability
benefits?
No. If you have worked in recent years or if you are applying for Disabled
Widow's or Widower's benefits or Disabled Adult Child benefits, it does
not matter how much money you have in the bank. There is no reason to
wait to file the claim.
Q: I used to work but lately I have been staying home taking care of
the kids. I have now become sick. Can I get Social Security disability
benefits?
Possibly. If you have worked five out of the last 10 years under Social
Security before becoming disabled, you will have enough earnings in to
potentially qualify for Social Security disability benefits. For individuals
31 or less, the requirements are a little different, since such individuals
have not had such a long time to work. Unless a person has been staying
home and taking care of their children for quite a long time, however,
it is very possible that they will qualify for Social Security disability
benefits based upon their own earnings. Also a homemaker, if poor enough,
can qualify for Supplemental Security Income (SSI) whether she has worked
in the past or not.
Q: How long do I have to wait after becoming disabled before I can file
for Social Security disability benefits?
Not even one day. You can file for Social Security disability benefits
on the very same day that you become disabled. Many individuals make the
mistake of waiting months and even years after becoming disabled before
filing a Social Security disability claim. There is no reason to file
a Social Security disability claim if one has only a minor illness or
one that is unlikely to last a year or more. However, an individual who
suffers serious illness or injury and expects to be out of work for a
year or more should not delay in filing a claim for Social Security disability
benefits.
Q: I am still on sick leave from my employer. Can I file for Social Security
disability now or do I have to wait until the sick leave is exhausted?
No, you do not have to wait until the sick leave is exhausted. You should
file for Social Security disability benefits now, if you believe that
you will be out of work for a year or more.
Q: I got hurt on the job. I am drawing worker's compensation benefits.
Can I file a claim for Social Security disability benefits now or should
I wait until the worker's compensation ends?
You do not have to wait until the worker's compensation ends and you should
not wait that long. An individual can file a claim for Social Security
disability benefits while receiving worker's compensation benefits. It
is best to file the Social Security disability claim as soon as possible
because otherwise there may be a gap between the time the worker's compensation
ends and the Social Security disability benefits begin.
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Q: Can I get both worker's compensation and Social Security disability
benefits?
Yes. There is an offset, which reduces Social Security disability benefits
because of worker's compensation benefits paid, but in virtually all cases,
there are still some Social Security disability benefits to be paid. In
a few states the offset works the other way - - worker's compensation
benefits are reduced because of Social Security disability benefits.
Q: How can I tell if I will be found disabled by Social Security?
Unless your disability is catastrophic (such as terminal cancer, a heart
condition so bad that you are on a heart transplant waiting list, total
paralysis of both legs, etc.), there is no easy way for you to tell whether
you will be found disabled by Social Security. In the end, the decision
of whether or not to apply for Social Security disability benefits should
not be based upon whether or not the person feels that Social Security
will find them disabled.
Attorneys who specialize in Social Security and professional Disability
Advocates familiar with Social Security disability can make predictions
about who will win and who will lose, but even they can seldom be sure.
An individual should make the decision about whether or not to file for
Social Security disability based upon their own belief about their condition.
If the individual feels that he or she is disabled and is not going to
be able to return to work in the near future, the individual should file
for Social Security disability benefits. If denied, the individual should
consult with a [Disability Advocate or] attorney familiar with Social
Security disability to get an opinion as to the chances of success on
appeal.
Q: Can you receive Social Security disability benefits for any serious
impairment?
In almost every case, no matter what the disease is, the answer is the
same - "Maybe”. An affirmative disability decision depends
upon how badly you are affected by the disease. One example might be cancer.
The word "cancer" is scary to anyone, but there are many cancers
that can be treated and cured very quickly, with little or no lasting
effect. On the other hand, of course, there are cancers that cause great
suffering and ultimately death. The question in each individual case is
"How sick is this particular individual with cancer and how long
is this person going to remain sick?"
Skin diseases are another example. The vast majority of skin diseases,
while annoying, would not be considered to be disabling. On the other
hand, there are some uncommon and severe skin problems that are clearly
disabling. In extreme cases, psoriasis, which is not rare, may be disabling.
Thus, almost without exception, the mere fact that an individual has a
disease with a certain name does not guarantee that the individual either
will or will not be found disabled. It all depends upon how sick the person
is.
Q: Do you have to be permanently disabled to get Social Security disability
benefits?
No. You have to have been disabled for at least a year or be expected
to be disabled for at least a year or have a condition that can be expected
to result in death within a year.
Q: I have several health problems, but no one of them disables me. It
is the combination that disables me. Can I get Social Security disability
benefits?
Social Security is supposed to consider the combination of impairments
that an individual suffers in determining disability. Many, perhaps most
claimants for Social Security disability benefits have more than one health
problem and the combined effects of all of the health problems must be
considered.
Q: I got hurt in an automobile accident. I am disabled now, but I expect
that I will be able to return to work after I recover. Should I file for
Social Security disability benefits?
If you expect to be out of work for a year or more on account of illness
or injury, you should file for Social Security disability benefits.
Q: How does Social Security determine if I am disabled?
Social Security is supposed to gather your medical records and carefully
consider all of your health problems, as well as your age, education,
and work experience. In general, Social Security is supposed to decide
whether you are able to do your past work. If Social Security decides
that you are unable to do your past work, they are supposed to consider
whether there is any other work which you can do considering your health
problems and your age, education, and work experience.
Q: Who decides if I am disabled?
After an individual files a Social Security disability claim, the case
is sent to a disability examiner at the Disability Determination agency
in your state. The disability examiner working with a doctor makes the
initial decision on the claim. If the claim is denied and the individual
requests reconsideration, the case is then sent to another disability
examiner at the Disability Determination agency, where it goes through
much the same process. If a claim is denied at reconsideration, the claimant
may then request a hearing. At this point, the case is sent to an Administrative
Law Judge who works for Social Security. The Administrative Law Judge
makes an independent decision upon the claim. This is the only level at
which the claimant and the decision-maker get to see each other.
Q: Why does Social Security consider my age in determining whether I
am disabled?
Social Security has to consider age, because that is what the Social Security
Act requires. As people get older, they become less adaptable, less able
to switch to different jobs to cope with health problems. A severe leg
injury that might cause a 30y/o to switch to a job in which he or she
can sit down most of the time, might completely disable a 60y/o with the
same condition. A 60 y/o is less capable of making an adjustment to a
different type of work.
Q: Is there a list of illnesses that Social Security considers disabling?
Not really. Because most types of illness can vary from minor to severe,
there is no one simple list of illnesses that Social Security considers
to be disabling. However, if an illness has reached a very severe level
with certain medical hallmarks, Social Security will award benefits on
the basis of medical considerations alone.
Q: What can I do to improve my chances of winning my Social Security
disability claim?
Be honest and complete in giving information to Social Security or your
representative about what is disabling you. Many claimants, for instance,
fail to mention their psychiatric problems to Social Security because
they are embarrassed about them. In almost all cases, individuals who
were slow learners in school fail to mention this fact to Social Security,
even though it can have a good deal to do with whether or not the Social
Security disability claim is approved.
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Beyond being honest and complete with Social Security, the most important
thing that you can do is hiring an attorney or non-attorney representative
who specializes in Social Security. It is also important to appeal because
most claims are denied at the initial level, but may be approved at higher
levels of review.
It is important to hire an experienced person to represent you because
most people do not understand the way Social Security works. --------------------------------------------------------------------Statistically,
claimants who employ a professional representative to represent them are
much more likely to win than those who go through the process alone.
Q: If I am approved for Social Security disability benefits, how much
will I get?
For disability insurance benefits, it all depends upon how much you have
worked and earned in the past. For disabled widow's or widower's benefits,
it depends upon how much the late husband or wife worked and earned. For
disabled adult child benefits, it all depends upon how much the parent
worked and earned. For all types of SSI benefits, there is a base amount
that an individual with no other income receives. Other income that an
individual has reduces the amount of SSI that an individual can receive.
Q: How far back will they pay benefits if I am found disabled?
For Disability Insurance Benefits and for Disabled Widow's and Widower's
Benefits, the benefits cannot begin until five months have passed after
the person becomes disabled. In addition, benefits cannot be paid more
than one year prior to the date of the claim. For a Disabled Adult Child,
there is no five-month waiting period before benefits begin, but benefits
cannot be paid more than six months prior to the date of the claim. SSI
benefits cannot be paid prior to the start of the month following the
date of the claim.
Q: What do I do if Social Security denies my claim for Social Security
disability benefits?
First, do not be surprised. Only about 20% or so of Social Security disability
claims are approved at the initial level. If you are denied at the initial
level, unless you have already returned to work or expect to return to
work in the near future, you should appeal. That is, file a request for
reconsideration. You should also consider employing a professional representative
to represent you.
Q: Why does Social Security turn down so many claims for disability benefits?
There is no simple answer to this question. One reason is that there is
no simple way to determine whether an individual is disabled. Most people
who are disabled suffer from pain. There is no way of determining whether
or not an individual is really in pain, much less how much pain they are
in. A second reason is that Social Security over the years has been more
concerned with making sure that everyone who is receiving Social Security
disability benefits is "truly" disabled. An underlying reason
is that Congress has always believed that, given a chance, many people
will "fake" disability in order to get benefits.
Q: I only want to get back the money I put in Social Security. Why do
they make it so hard for me to get my own money back?
Actually, when you file a Social Security disability claim, you are not
trying to just get "your own money" back. The money that an
individual may have paid into Social Security over the years would not
last very long if that was all that an individual could draw from Social
Security.
Q: What is "reconsideration"?
When a claim for Social Security disability benefits is denied at the
initial level, the claimant may then request "reconsideration"
of that decision. Case is then sent to a different disability examiner
for a new decision. Unfortunately, about 80% of the time the reconsideration
decision is the same as the initial decision.
Q: Who makes the reconsideration determination?
A disability examiner at the Disability Determination Section makes the
reconsideration determination. Most of the time, the claimant does not
see the disability examiner or even know his or her name.
Q: What are my chances of winning at reconsideration?
Statistically, about 20 -30% of the time a claimant wins at reconsideration.
This win rate varies greatly from state to state.
Q: Do I have to go through reconsideration?
If you want to appeal a denial of Social Security disability benefits,
you have to go through reconsideration. There is no way to avoid it.
Q: How long does it take to get a hearing on a Social Security disability
claim?
There is much variation around the country. In a few areas of the country
the wait is only three months. In a few areas of the country the wait
is more than a year.
Q: What is the Social Security hearing like?
The hearings are fairly informal. The only people likely to be there are
the judge, a secretary operating a tape recorder, the claimant, the claimant's
representative, and anyone else the claimant has brought with him or her.
In some cases, the Administrative Law Judge has a medical doctor or vocational
expert present to testify at the hearing. There is no jury or spectators
at the hearing. There is no attorney at the hearing representing Social
Security trying to get the judge to deny the disability claim.
Q: What are my chances of winning at a hearing?
Statistically, over half of the claimants who have a Social Security disability
hearing win.
Q: If the Administrative Law Judge denies my claim, can I appeal?
Yes. You can appeal to the Appeals Council that is still within Social
Security. At this stage, you may want to hire an attorney.
Q: What is the Appeals Council?
The Appeals Council exists to review Administrative Law Judge decisions.
The Appeals Council is located in Falls Church, Virginia, and neither
the claimant nor the representative sees the people at the Appeals Council
who are working on the case.
Q: Can I appeal a case beyond Social Security to the Federal Courts?
Yes. After being denied by the Appeals Council, it is possible for a claimant
to file a civil action in the United States District Court, requesting
review of Social Security's decision. A Social Security disability claim
can go all the way to the Supreme Court. Perhaps once every year or two,
the United States Supreme Court actually hears an appeal about a Social
Security disability case. A disability advocate is not qualified to represent
a case at this level. An attorney would obviously be required to appeal
at this level. The chances of winning at this level are slim.
Q: If I get on Social Security disability benefits and begin to feel
better and want to return to work, can I return to work?
Yes, you can return to work. Social Security wants individuals drawing
disability benefits to return to work and gives them every encouragement
to do so. For persons receiving Disability Insurance Benefits, Disabled
Widow's and Widower's Benefits, and Disabled Adult Child Benefits, full
benefits may continue for a year after individual returns to work. Even
thereafter, an individual who has to stop work in the following three
years can get back on Social Security disability benefits immediately
without having to file a new claim. In SSI cases, things work a little
differently, but there is still a strong encouragement to return to work.
Q: Do I really have to hire a lawyer to represent me in my Social Security
disability claim?
No. You can go through all of the levels of review on your own if you
wish, or you can hire a professional disability advocate. Statistically
claimants who are represented by a disability advocate win a good deal
more often than those who are not represented do.
Q: How do attorneys and non-attorney disability representatives get paid?
In almost all cases, the attorneys and non-attorneys both receive one-quarter
of the back benefits if the claimant wins and no fee if the claimant loses.
Q: Is there an advantage to hiring a disability advocate?
Yes. Disability advocates use techniques and tools not available to most
attorneys. This allows advocates to complete cases faster and with the
same high level of wins as that seen by attorneys.
Q: Can alcoholics and drug addicts really get Social Security disability
benefits?
No. There never were all that many people getting Social Security disability
benefits on account of alcoholism or drug addiction, but Congress has
now prohibited Social Security from paying disability benefits on the
basis of alcoholism or drug addiction. However, alcoholics and drug addicts
have heart attacks, get cancer or get sick in other ways just like everyone
else. Alcoholics and drug addicts who become disabled apart from their
alcoholism or drug addiction can become eligible for Social Security disability
benefits.
Q: I know someone who is on Social Security disability and he does not
look a bit disabled. Why do they put all of these freeloaders on benefits?
When it comes to disability, looks can be very deceiving. There are many
people who look quite healthy but who are quite disabled by anyone's standard.
For instance, many individuals who suffer from very severe psychiatric
illness are physically healthy and able to do things such as mow the lawn.
Q: I am disabled, but I have never worked at public work. Can I get Social
Security disability benefits?
If you are poor enough, you can qualify for Supplemental Security Income
(SSI) if you are disabled, even if you have never worked in the past.
It is also possible to qualify for Disabled Adult Child Benefits on the
account of a parent if you became disabled before age 22 or for disabled
widows or widower's benefits on the account of a late husband or wife.
Q: I am a widow. I have not worked in public work in many years. I am
disabled. Can I get Social Security disability benefits?
If you are over 50 and became disabled within seven years after your husband
or wife died or within seven years after you last drew mother's or father's
benefits from Social Security, you can get Disabled Widow's or Widower's
Benefits. Perhaps more important, if you are poor, you can draw Supplemental
Security Income benefits no matter what age you are or when you became
disabled.
Q: I have a daughter who has been disabled by cerebral palsy since birth
and has never been able to work. Can she get disability benefits from
Social Security?
Possibly. If the child is under 18 and you are poor enough, the child
may be able to qualify for SSI child's disability benefits. If the child
is over 18, she may be able to qualify for SSI disability benefits without
regard to the income of her parents. If her father or mother is drawing
Social Security benefits of some type or is deceased, the child may be
eligible for disabled adult child benefits.
Q: I am already on Social Security disability benefits, but I am worried
that my benefits will be stopped in the future. What are the chances of
this happening?
Social Security is not supposed to cut off disability benefits for an
individual unless his or her medical condition has improved. When Social
Security reviews a case of someone already on Social Security disability
benefits, they continue benefits in the vast majority of cases. In recent
years, Social Security has been doing few reviews to determine whether
or not individuals already on Social Security disability benefits are
still disabled. This is changing and Social Security should be doing far
more reviews in the next few years. However, the vast majority of individuals
who are reviewed will see their Social Security disability benefits continued.
Q: If Social Security tries to cut off my disability benefits, what can
I do?
You should appeal immediately. If you appeal within 10 days after being
notified that your disability benefits are being ceased, you can ask that
your disability benefits continue while you appeal the decision cutting
off your benefits. You may also want to talk with a representative for
advice, but you should file the appeal immediately.
Q: My doctor says I am disabled so why is Social Security denying my
Social Security disability claim?
Social Security's position is that it is not up to your doctor to determine
whether or not you are disabled. It is up to Social Security and they
will make their own decision regardless of what your doctor thinks.
Q: VA says I am disabled, so why is Social Security denying my Social
Security disability claim?
It is Social Security's position that VA decisions are not binding upon
them. Social Security and VA have very different standards for approving
disability claims.
Q: I am 50% disabled. Do I get 50% of my Social Security disability benefits?
No. There are no percentages of disability in Social Security disability
determination. For purposes of Social Security disability benefits, you
are either disabled or not disabled. There are no percentages of disability,
nor any percentages of disability benefits.
Q: I am disabled by mental illness. Can mental illness serve as the basis
for a Social Security disability claim?
Yes. Mental illness is a frequent basis for awarding Social Security disability
benefits.
Q: Will it help if I ask my Congressional Representative to help me get
Social Security disability benefits?
Many Social Security disability claimants become frustrated with claim
delays and eventually ask their U.S. Representative or Senator to help.
The local Congressional office typically will have staffers who are experienced
with Social Security procedures and personnel. A “Congressional
Inquiry,” as it is called at Social Security, may help to get a
stalled process moving again. However, the inquiry will have no impact
on how Social Security decides the outcome of the case.
Q: How long does it take before Social Security makes a decision once
I file a claim for Social Security disability benefits?
In most cases, Social Security makes the first decision within three to
five months.
Q: How long does it take for Social Security to make a reconsideration
determination on my Social Security disability claim?
In most cases, Social Security makes the reconsideration determination
within three months.
Q: I am disabled. I need help with medical bills even more than I need
a cash income. How do I get help with medical bills?
Getting help with medical bills is usually tied up with getting cash benefits.
That is, you don't start getting help with medical bills until after you
start getting cash benefits, so you have to be found disabled before you
can get help with medical bills.
Q: What is the difference between Medicare and Medicaid?
The short answer is that Medicaid is a poverty program and Medicare isn't.
Many disabled people who get Medicaid get it because they are on Supplemental
Security Income (SSI). This is called “categorical” Medicaid
eligibility. To get SSI and thereby get Medicaid you have to be poor and
disabled. Medicaid pays doctors at very low rates. People who have only
Medicaid can have a hard time finding doctors willing to take them on
as patients. Medicaid does pay for prescription medications. Medicaid
can go back up to three months prior to the date of a Medicaid claim.
Note that it is possible to apply for Medicaid directly - through a local
Medicaid office - without having a companion claim for SSI.
For Medicare it does not matter whether you are rich or poor. If you
have been on Disability Insurance Benefits, Disabled Widows or Widowers
Benefits or Disabled Adult Child Benefits for 24 months you qualify for
Medicare. The good thing about Medicare is that it pays doctors at a higher
rate than Medicaid. Almost all doctors are happy to take Medicare patients.
The bad things about Medicare are that it doesn’t begin until after
a person has been on cash benefits for two years. It also doesn’t
usually pay for prescription medications. Blame Congress, they have been
sitting on the prescription drug measure for years.
Q: If I get Social Security disability benefits will I get Medicare?
If you are approved for any kind of Social Security disability benefit
other than SSI you will get Medicare after you have been entitled to Social
Security disability benefits for two years.
Q: If I get Social Security disability benefits will I get Medicaid?
If you are approved for SSI you will get Medicaid. It is possible
to get both Medicare and Medicaid if you are entitled to SSI and
some other type of Social Security disability benefit. Also see
2nd above this (difference between Medicare & Medicaid).
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Alpha Disability Advocates helps clients with Metro Denver social security disability claims. Whether you're submitting a first time social security application for social security disability benefits, ssa, or supplemental security income (ssi) to the Social Security Administration, or you've had a denial of claim or disability claims in Metro Denver, or if you're an injured worker and you're wondering about social security disability criteria, we can help. There are advantages of working with a disability advocate compared with a Colorado co atorney, attorny, attroney, laywer, lawer, or lawyer ssa.
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