SSDI Spousal Benefits Denial Guide — Colorado, CO

Introduction: Why SSDI Denials Matter for Colorado Spouses

More than 100,000 Colorado residents receive some form of Social Security Disability Insurance (SSDI), according to the Social Security Administration’s (SSA) Annual Statistical Report. Yet each year, thousands of hardworking Coloradans—including spouses who qualify for auxiliary or survivorship disability benefits—receive denial letters. Whether you reside in Denver, Colorado Springs, Aurora, or the Western Slope, understanding how to fight an SSDI denial is critical. This guide focuses on spousal disability benefits in Colorado, explains your rights, pinpoints common denial reasons, and walks you through every stage of the federal appeals process with a slight but well-founded bias toward protecting claimants’ rights.

Colorado Context

The SSA’s Denver Regional Office oversees disability claims filed in Colorado and neighboring states. Although initial applications are processed by Colorado Disability Determination Services (DDS) in Aurora, all appeals follow uniform federal rules under 20 C.F.R. Part 404. Local representation, medical evidence from Colorado’s network of hospitals (e.g., UCHealth University of Colorado Hospital in Aurora) and familiarity with the Denver Office of Hearings Operations can significantly improve your odds of success.

Understanding Your SSDI Rights as a Spouse

Spouses may be entitled to two main categories of benefits:

• Auxiliary Benefits (20 C.F.R. §404.330): Paid to the living spouse of a worker who receives SSDI.
• Disabled Widow(er)’s Benefits (DWB) (42 U.S.C. §402(e)–(f); 20 C.F.R. §404.335): Paid to the surviving spouse (ages 50–59) who develops a disability within seven years of the worker’s death.

SSDI is an earned benefit financed by payroll taxes (FICA). As a claimant—or auxiliary claimant—you have the right to:

• Apply and receive a written decision (20 C.F.R. §404.904).
• Review and copy your file before any decision or hearing (20 C.F.R. §404.935).
• Be represented by an attorney or qualified non-attorney representative of your choice (42 U.S.C. §406; 20 C.F.R. §404.1700).
• Appeal unfavorable determinations through four orderly levels within 60 days of receiving notice (20 C.F.R. §404.909).

Spousal Eligibility Basics

• Marriage Duration: Generally at least one continuous year prior to the worker’s disability entitlement (20 C.F.R. §404.330(a)(2)).
• Age Requirement: Age 62 or any age if caring for the worker’s child under 16 or a disabled child.
• Earnings Test: If under full retirement age, you must not engage in substantial gainful activity (SGA) above federal thresholds—$1,470 monthly for 2023, $2,460 for blind claimants (SSA Press Release 2022).

If SSA finds you fail to meet any element above—or questions medical severity if you are applying for Disabled Widow(er)’s Benefits—you may receive a denial.

Common Reasons SSA Denies Colorado SSDI Claims

According to SSA data, roughly 67% of initial disability applications nationwide are denied. Spousal claims can be rejected for the same technical or medical reasons that affect primary claims. Frequent denial bases include:

• Insufficient Work Credits for the insured worker (20 C.F.R. §404.130).
• Non-Severe Impairment: DDS determines the spouse’s condition does not significantly limit basic work activities (20 C.F.R. §404.1520(c)).
• Failure to Follow Prescribed Treatment without good reason (20 C.F.R. §404.1530).
• Substantial Gainful Activity: Earnings over SGA levels result in denial.
• Technical Errors: marriage length, divorce status, remarriage before age 60 (for DWB), or incomplete forms.
• Missed Deadlines or Incomplete Medical Records: Not responding to SSA evidence requests (20 C.F.R. §404.1512).

Colorado-Specific Denial Trends

While official statewide denial statistics are not separately published, Denver OHO reports an allowance rate around 52% at the hearing level, slightly above the national average, indicating that persistent Colorado claimants often prevail on appeal.

Federal Legal Protections & Key Regulations

Your rights are grounded in the Social Security Act (42 U.S.C. §§401–434) and interpreted by extensive regulations in 20 C.F.R. Part 404. The most relevant provisions for spousal denials include:

• 20 C.F.R. §404.909: Requests for reconsideration—file within 60 days.
• 20 C.F.R. §404.933: Requesting a hearing before an Administrative Law Judge (ALJ).
• 20 C.F.R. §404.970: Appeals Council review standards.
• 42 U.S.C. §405(g): Right to file suit in U.S. District Court (Colorado’s federal district courts in Denver and Grand Junction).
• 20 C.F.R. §404.1512: Claimant’s duty to submit evidence.

Federal regulations create uniform procedures nationwide; however, each SSA regional office, including Denver, may have localized operating procedures. Claimants in Colorado benefit from the proximity of the U.S. Court of Appeals for the Tenth Circuit, headquartered in Denver, which frequently decides precedent-setting Social Security cases such as Barnett v. Apfel, 231 F.3d 687 (10th Cir. 2000).

Steps to Take After an SSDI Denial

The appeals process is four-tiered. Missing a 60-day deadline can force you to start a new claim—costing months or years of back benefits.

1. Reconsideration (20 C.F.R. §404.909)

• Deadline: 60 days. Where to File: Online at SSA Appeal Portal, by mail, or in person at a Colorado SSA field office (e.g., 1500 Champa St, Denver, CO 80202).- What Changes: A different DDS examiner reviews your file. You may submit new medical records or vocational evidence.

2. ALJ Hearing (20 C.F.R. §404.929 & §404.933)

• Deadline: 60 days post-reconsideration decision.
• Venue: Denver Office of Hearings Operations, 1244 Speer Blvd #400, Denver, CO 80204; or remote video via Microsoft Teams. Preparation Tips:
• Obtain an on-the-record (OTR) brief summarizing errors in the denial.
• Secure updated functional capacity evaluations from Colorado providers (e.g., Centura Health).
• Consider expert testimony from a vocational expert who knows Colorado job markets.

3. Appeals Council Review (20 C.F.R. §404.967)

File form HA-520 and supporting brief within 60 days. The Appeals Council is located in Falls Church, Virginia, but your representative can manage all filings electronically.

4. U.S. District Court (42 U.S.C. §405(g))

You must file a civil action within 60 days after Appeals Council denial. In Colorado, file in the U.S. District Court for the District of Colorado (901 19th St, Denver, CO 80294). Federal judges such as those in Allison v. Kijakazi (D. Colo. 2022) have remanded cases for further proceedings when SSA failed to properly evaluate treating physician opinions.

When to Seek Legal Help

Colorado attorney licensing: Attorneys must be admitted to the Colorado Supreme Court and registered with the Office of Attorney Regulation Counsel. For Social Security representation, fee agreements require SSA approval and are capped at the lesser of 25% of past-due benefits or $7,200 (per SSA Representative Fee Guidelines, 2022).### Advantages of Retaining a Colorado Disability Attorney

• Local Medical Knowledge: Understanding documentation standards used by UCHealth, SCL Health, and other regional systems.
• Familiarity with Denver ALJs: Attorneys track grant rates and craft arguments tailored to individual judges.
• No Up-Front Fees: Contingency representation minimizes financial risk.
• Higher Success Rates: SSA’s own data (Office of the Inspector General, 2018) shows represented claimants prevail at nearly double the rate of unrepresented parties.

If you are overwhelmed by paperwork or face complex issues—such as proving the onset date pre-death in a Disabled Widow(er)’s claim—professional help can be decisive.

Local Resources & Next Steps

Colorado Disability Determination Services 3595 Arapahoe St, Suite 210, Denver, CO 80205 Phone: (303) 393-5600Denver SSA Field Office 1500 Champa St, Denver, CO 80202 Phone: (866) 574-3136Colorado Legal Services (CLS) – Offers pro bono assistance for low-income residents. Colorado Legal Services WebsiteDisability Law Colorado – State protection & advocacy agency. Disability Law Colorado

Useful Federal References

Social Security Administration Home20 C.F.R. Part 404 – Federal RegulationsU.S. Congress – Social Security Act Text

Conclusion

An SSDI denial is not the end of the road—especially for Colorado spouses who often depend on auxiliary or survivor disability benefits to preserve household income. By acting promptly, gathering strong medical and vocational evidence, and leveraging federal and local resources, many claimants secure the benefits they have earned. Remember that timelines are strict, evidence rules can be technical, and experienced representation improves outcomes.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed Colorado attorney about your specific situation.

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