Have You Been Denied AND Benefits?
Authored By: Colorado Legal Services
Answers to Frequently Asked Questions
What can I do if I have been denied Aid to the Needy Disabled (AND) benefits?
You may appeal or fight this denial by requesting a hearing before an administrative law judge. Read any written notice you receive very carefully. If you do not have a written notice, you should contact your county Department of Human Services for one. You should file your appeal as soon as possible. If you have been receiving AND, you may be able to receive benefits until an administrative law judge (ALJ) makes a decision.
Your appeal must be in writing. Mail your appeal to:
Office of Administrative Courts
633 17th Street, Suite 1300
Denver, CO 80202
You may use the appeals form provided by the Office of Administrative Courts found here - go to OAC Menu > Forms > Appeals to find links to the forms. The appeal must be received by the Division of Administrative Hearings within 90 days of the date on the notice denying your application for AND benefits.
What are the reasons that I may be denied this benefit?
Most AND applications are denied because the applicant's doctor has not indicated on a form called a "MED-9" that the applicant's disability is a total disability and will prevent them from working for six months or longer. If this is the reason that your application was denied, and you believe that you will be unable to work for at least six months - file the appeal, then contact your doctor and ask him/her to reconsider their opinion. If your doctor agrees to complete a new MED-9 indicating that you cannot work for at least six months, your benefits should be approved. Submit the new MED-9 to your technician at your county department of human services office, and keep a copy for your file.
Who should I ask to fill out the MED-9?
The best doctor to fill out the MED-9 is usually a doctor familiar with your medical problems. However, if you do not have a doctor, or you cannot afford a doctor, you can go to one of the hospitals that participate in the Colorado Resident Discount Program. To find the facility closest to you, if you live in the City and County of Denver, call Denver Health Medical Center at 303-436-6000. If you live in the Denver metropolitan area but outside of the City and County of Denver, call University Hospital, 303-372-0000.
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This communication is made available by Colorado Legal Services, Inc., (CLS), as a public service and is issued to inform not to advise. No person should attempt to interpret or apply any law without the assistance of an attorney. The opinions expressed in this communication are those of the authors and not those of CLS or its funding sources.
If you need advice on this or any other legal problem, consult an attorney of your own choosing. If you cannot afford an attorney, talk to Colorado Legal Services, 303.837.1313. If you think you may qualify for Colorado Legal Services, go to applyonlinecls.org to complete your application online.