DISQUS

Colorado Social Security Disability Benefits Law: Getting Social Security disability benefits before you turn 50

  • Debbie · 3 months ago
    this is so true having just gone through this myself...I am 49 and was 48 at the time of filing. At the time of hearing I was 49 1/2 so even being just that close to 50 I had to fight the age rule and my condition
  • TomaszStasiuk · 3 months ago
    Whoops! This article went out a bit too early and a bit underdone. Thank you for your patience while the finishing touches were put on!
  • Michael T. McDonald · 3 months ago
    My spouse receives Social Security Disability Benefits for Lupus. She obtained benefits after she could no longer work for the State of Texas. Employees Retirement System of Texas has denied short and long term disability benefits claiming my wife, does not meet THEIR definition of "Disabled". Thus far, final hearing is scheduled in Austin on 08 DEC 2009, ERS does not recognize the United States Social Security Disability office or the benefits my spouse receives from same. My question is "Is not recognizing Social Security Disability Benefits to an individual an act, in itself, of "Discrimination"? If anyone has any case law you could site, my wife, a Navy Veteran and disabled with Lupus would appreciate it. Thank you for listening to this Traveling man. Michael T. McDonald
  • TomaszStasiuk · 3 months ago
    Generally speaking, that is, not addressing your wife's case because I cannot provide legal advice through this website, it is often the case that different state and federal programs dealing with disability have different definitions and ways of proving disability. It is not unusual for an individual to be "disabled" under one program and "not disabled" under another program.

    That simply means an individual usually can't trade one decision of disability (under one program) for another decision of disability (under a different program).

    That said, the findings and evidence (if not the ultimate decision) from one disability case is often very useful in another disability case.

    You should strongly consider talking to an attorney who handles the type of state disability benefit claims which your wife is applying for.

    Good luck!
  • Michael T. McDonald · 3 months ago
    Thank you, we will look for an attorney immediately. Mike