When should I file a claim?

Colorado’s statute of limitations on filing a personal injury claim is two years. Colorado operates under the discovery rule, meaning that the clock starts ticking from the time the injury is discovered, not from when it initially occurred.

How can I prove negligence?

Colorado operates under the contributory negligence rule, which means that the person who injured you may file a counter-claim for damages if they believe that you, the injured, were also partially at fault.

When will the other person’s insurance contact me?

Colorado law stipulates that insurance is not allowed to contact you within 30 days of being injured. A release of liability, which is a statement that says you won’t sue the at-fault party for anything else, can’t be obtained by insurance within 30 days either.

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Appealing Social Security Disability Denials With Killian Law

SOCIAL SECURITY DISABILITY CLAIM DENIALS

People who have certain mental and/or physical impairments may be able to obtain financial support through federal disability benefits paid out by the Social Security Administration (SSA). Despite the fact that, for many impaired people, these benefits can help pay for essential medical care and their costs of living (when they aren’t working), the process of obtaining these benefits – namely, the application process with the SSA – is notoriously challenging.

What can make matters worse for impaired people who need benefits are the facts that:

Their impairments may make it extra challenging to keep track of everything they need to do when applying for SSI disability benefits.
Even just one seemingly simple mistake can result in the denial of federal disability benefits.
If benefits are denied, people will have to file an appeal, which can be equally (if not more) challenging in order to get the federal disability benefits they need and deserve.

If your SSA benefits claim has been denied or you are preparing to file a claim and want to minimize the chances of a denial, contact the Grand Junction Social Security disability lawyers at Killian, Davis, Richter & Fredenburg, PC.

WHY YOUR DISABILITY CLAIM MAY BE DENIED

1. YOUR IMPAIRMENT IS NOT SEVERE ENOUGH.

First and foremost, in order to qualify for federal disability benefits, you have to prove that you have some type of mental and/or physical impairment that prevents you from being able to work. In fact, according to the SSA, you have to be able to prove that your disability will:

Persist for a minimum of 12 months; or
Result in your death (i.e., you have some type of fatal condition or illness).
To this end, having documents and official diagnoses from a doctor can be critical supporting documentation for your disability claim application.

2. YOU HAVE A CRIMINAL CONVICTION OR ADDICTION ISSUE.

When people have a criminal record and/or their impairments may stem from addiction issues, they may not be eligible for Social Security disability benefits. How these issues can impact a person’s eligibility (and the approval or denial of their disability claims), however, will vary from case to case and will depend on the specifics of a given claim.

Therefore, if these types of complications may be a factor in your Social Security disability claim, contact a Grand Junction Social Security disability lawyer at the Killian, Davis, Richter & Fredenburg, PC. We can review the facts of your claim and provide you with professional advice regarding your best options for obtaining disability benefits.

3. YOU DON’T MEET THE INCOME REQUIREMENTS.

With federal disability claims, it’s not simply enough to prove that you have a “qualifying” disability. You must also make less than a set amount of money in order to qualify for these benefits. Although the maximum amount of income that people can make and still qualify for federal disability benefits changes every year, for 2014, the maximum amount of income a person can earn and still be eligible for disability benefits is $1,070 per month.

Here, it’s important to point out that:

The income a person earns from working may not be the only sources of income that the SSA will consider when reviewing an application (as certain other benefits may – or may not – impact the SSA’s calculations of an applicant’s income).
If a person earns less than the monthly maximum income, his benefits can be reduced by the SSA.
If a person ends up getting a job after being approved for benefits, his benefits can be reduced or stopped entirely.

Additionally, people should be aware that the SSA doesn’t always get these calculations right. Therefore, if your benefits claim has been denied due to income reasons and you believe that the SSA made a mistake, contact Killian, Davis, Richter & Fredenburg, PC.

4. THE SSA CAN’T OBTAIN YOUR MEDICAL RECORDS.

One of the critical steps in reviewing disability claim applications will typically involve SSA officials making an in-depth examination of a person’s medical records, which should include diagnoses, test results, etc. If the SSA can’t obtain or doesn’t receive your medical records for any reason, your disability claim will likely be denied.

Common reasons that the SSA may not be able to review a person’s medical records can include (but are not necessarily limited to):

An applicant refusing to grant the SSA permission to review his medical records
The medical records not being sent to the proper office within the given amount of time.

Coordinating the transmission of a person’s medical records can end up being far more complicated than it seems, particularly if a person has seen multiple doctors or specialists within a short period of time. Therefore, it’s advisable that applicants trust their cases to an attorney who can oversee and efficiently coordinate all aspects of their claims applications, including getting all of a person’s medical records sent to the SSA in a timely fashion.

5. YOU DON’T GET THE PRESCRIBED TREATMENTS IF YOU ARE ABLE TO DO SO.

When people apply for and obtain SSA disability benefits, they are generally required to undergo any and all prescribed treatments for their impairments. The notion behind this requirement is that people need to be making an effort to recover as much as possible and to at least try to get themselves well enough to possibly re-enter the workforce.

When people refuse comply with treatments their doctors have prescribed for their conditions or impairments, they could end up sabotaging their claims by giving the SSA a reason to deny them.

With this common reason for SSA claim denials, there are some exceptions. Specifically, the SSA may not deny people’s claims if they don’t seek medical treatments and if one of the following issues also applies to their case:

The individual’s condition will NOT improve with any additional treatments.
The person can’t follow through with the prescribed treatments because he doesn’t have the money to pay for the treatment, he has a specific fear of the treatment and/or his religion prevents him from following through with the treatment.
The individual has received conflicting treatment orders from different doctors.

There may be other exceptions to this issue, so it’s best to contact a Grand Junction Social Security disability lawyer at the Killian, Davis, Richter & Fredenburg, PC for more information and help appealing a denial based on this reason.

6. THE SSA BELIEVES THAT YOU HAVE COMMITTED FRAUD.

Lying about your condition, your income or any other matter that the SSA asks about on your disability benefits application can constitute fraud. If the SSA believes that you’ve committed fraud in applying for benefits:

Your benefits claim will likely be denied.
You could end up facing criminal charges.
Here, it’s important to point out that, in some cases:

People may make mistakes on their disability benefits applications, and these mistakes may be misperceived by an SSA official as being attempts a fraud. Clearing up these missteps and misperceptions early on will be critical to minimizing any future complications and possible denials of disability claims.
Issues of fraud may arise when a person may have been the victim of identity theft in the past. Again, having an experienced attorney on your side in these cases will be essential to clarifying the confusion and complications in these cases so that you are able to obtain the benefits you need and deserve.

YOU CAN COUNT ON OUR GRAND JUNCTION SOCIAL SECURITY DISABILITY ATTORNEYS

Was your Social Security disability claim denied? If so, contact the Grand Junction Social Security disability lawyers at Killian, Davis, Richter & Fredenburg, PC. We can review your claim, assist you in filing an appeal and ultimately help you obtain the disability benefits you need and deserve.

We are experienced at fighting for you and for your fair treatment and are committed to defending your rights in any legal setting. Our skilled legal team has proven time and again that our attorneys, who are dedicated to helping you personally at every stage of your case, are highly capable of bringing an experienced and successful approach to your case.