C.R.S. Section 26-2-119.7
Federal disability benefits

  • application assistance
  • fund
  • rules
  • report
  • legislative declaration

(1)

Intentionally left blank —Ed.

(a)

The general assembly finds that:

(I)

Federal disability benefits, including supplemental security income and social security disability insurance, help Coloradans with the most significant disabilities achieve stability by providing income for necessities, including housing;

(II)

The state aid to the needy disabled program provides two hundred seventeen dollars per month to individuals who cannot work due to a severe disability while the individuals are applying for federal disability benefits. With only two hundred seventeen dollars per month in income, aid to the needy disabled program participants struggle to meet their most basic needs. As a consequence, these participants are often homeless, in crisis, and unable to engage in sickness prevention or health maintenance activities, resulting in high-cost emergency room visits or other high-cost medical treatment.

(III)

Completing the application process for federal disability benefits is onerous. The application is complex and requires applicants to compile past medical records from medical providers. Applicants must also navigate the process while contending with debilitating mental and physical health conditions, and, for aid to the needy disabled program participants, the additional barrier of extreme poverty.

(IV)

Despite the extreme need for federal disability benefits, applicants who are ultimately determined to be eligible for federal disability benefits are often denied multiple times;

(V)

Delayed access to federal disability benefits often creates or prolongs homelessness or puts individuals at risk of homelessness. Fifty-seven percent of Colorado’s chronically homeless population are persons with disabilities.

(VI)

Delayed access to federal disability benefits puts Coloradans with disabilities at increased risk of health crisis. Nationally, in federal fiscal year 2016, over ten thousand people died waiting to be approved for federal disability benefits.

(VII)

Assistance in applying for federal disability benefits significantly improves the rate of approval of initial applications and therefore reduces the time it takes for individuals to access federal disability benefits; and

(VIII)

Timely access to federal disability benefits improves the stability, health, and well-being of persons living with disabilities; reduces state spending on homeless services, preventable emergency health care, and other public programs; and boosts the state and local economies by providing federally funded support that recipients spend in Colorado cities and counties to meet their basic needs.

(b)

Therefore, the general assembly declares that it is necessary to help persons applying for or receiving aid to the needy disabled benefits in navigating the application process for federal disability benefits.

(2)

Intentionally left blank —Ed.

(a)

The state department shall administer a program that may be implemented by county departments that helps individuals with disabilities navigate the application process for federal disability benefits. The program must assist individuals who are applying for or receiving aid to the needy disabled benefits pursuant to section 26-2-119. A county department may choose whether to participate in the program created in this section.

(b)

The state department shall allocate money appropriated pursuant to this section from the disability benefits application assistance fund, created in subsection (6) of this section, to participating county departments pursuant to state department rules promulgated pursuant to subsection (3)(a) of this section.

(c)

The assistance provided pursuant to the program may include:

(I)

Referrals to appropriate medical providers and other professionals whose assessments are required as part of an application for federal disability benefits;

(II)

Outreach to applicants to provide reminders and track progress on application requirements;

(III)

Assistance with compiling and drafting supporting documentation for an application for federal disability benefits;

(IV)

Assistance with completing and submitting an application for federal disability benefits; and

(V)

Assistance appealing denials of federal disability benefits.

(3)

Intentionally left blank —Ed.

(a)

After receiving input from counties, a statewide association of county commissioners, and other relevant stakeholders, the state department shall promulgate rules establishing an allocation formula for money appropriated to the state department for purposes of this section. In establishing the allocation formula, the state department shall consider the number of aid to the needy disabled program participants in each participating county and the need to ensure that money appropriated for the program is available in every region of the state in which there are participating counties.

(b)

Repealed.

(4)

Pursuant to subsection (2) of this section, a county department allocated money pursuant to this section shall use the money to provide services to aid to the needy disabled program participants in the county or region. In implementing the program, a county department is permitted to collaborate with other counties or to contract with nonprofit organizations. Persons providing assistance to individuals with disabilities pursuant to this section shall have demonstrated expertise or receive adequate training in the federal disability benefits application process.

(5)

Intentionally left blank —Ed.

(a)

The state department shall evaluate the program one year after its implementation, and every five years thereafter, to determine if the program is meeting the goals of the program, including but not limited to:

(I)

Assisting federal disability benefit applicants in submitting timely and complete applications;

(II)

Increasing the percentage of eligible applicants awarded federal disability benefits;

(III)

Reducing the average time to qualify for federal disability benefits; and

(IV)

Reducing the length of time that individuals with disabilities participate in the aid to the needy disabled program.

(b)

The state department shall submit the program evaluation required pursuant to subsection (5)(a) of this section to the joint budget committee of the general assembly, the public health care and human services committee of the house of representatives, and the health and human services committee of the senate, or any successor committees. Notwithstanding the provisions of section 24-1-136 (11)(a)(I), reporting on the program evaluation pursuant to this section shall continue so long as the program is being evaluated.

(6)

Intentionally left blank —Ed.

(a)

The disability benefits application assistance fund, referred to in this subsection (6) as the “fund”, is created in the state treasury. The fund consists of money deposited in the fund in accordance with subsection (6)(b) of this section.

(b)

Any money appropriated from the general fund to the state department for grants for the aid to the needy disabled program that is unexpended and unencumbered as of the close of the applicable fiscal year reverts to the general fund.

(c)

The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.

(d)

Subject to annual appropriation by the general assembly, the state department shall expend money from the fund for the purposes described in this section.

(7)

Repealed.

Source: Section 26-2-119.7 — Federal disability benefits - application assistance - fund - rules - report - legislative declaration, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-26.­pdf (accessed Oct. 20, 2023).

26‑2‑101
Short title 26‑2‑102
Legislative declaration 26‑2‑102.5
Foster care - Title IV-E of the social security act - Title IV-E administrative costs cash fund - rules 26‑2‑103
Definitions 26‑2‑104
Public assistance programs - electronic benefits transfer service - joint reports with department of revenue - signs - rules 26‑2‑105
Federal requirements 26‑2‑106
Applications for public assistance 26‑2‑107
Verification - record 26‑2‑108
Granting of assistance payments and social services - rules 26‑2‑109
Right to own certain property 26‑2‑110
Repayment not required 26‑2‑111
Eligibility for public assistance - rules - repeal 26‑2‑111.5
Access to supplemental security income program benefits for old age pension applicants and recipients 26‑2‑111.6
Old age pension work incentive program 26‑2‑111.8
Eligibility of noncitizens for public assistance 26‑2‑112
Old age pensions for inmates of public institutions 26‑2‑113
Funds for old age pensions 26‑2‑114
Amount of assistance payments - old age pension 26‑2‑115
State old age pension fund - priority 26‑2‑116
Old age pension stabilization fund 26‑2‑119
Amount of assistance payments - aid to the needy disabled - rules 26‑2‑119.7
Federal disability benefits - application assistance - fund - rules - report - legislative declaration 26‑2‑120
Amount of assistance payments - aid to the blind 26‑2‑121
Expenses of treatment to prevent blindness or restore eyesight 26‑2‑122
Public assistance in the form of social services 26‑2‑122.3
Home care allowance - repeal 26‑2‑122.5
Acceptance of available money to finance the low-income energy assistance program 26‑2‑123
Removal to another county 26‑2‑124
Reconsideration and changes 26‑2‑125
Colorado works cases - vendor payments 26‑2‑127
Appeals 26‑2‑128
Recovery from recipient - estate 26‑2‑129
Funeral - final disposition expenses - death reimbursement - definitions - rules 26‑2‑131
Public assistance not assignable 26‑2‑132
Limitation 26‑2‑133
State income tax refund offset - rules 26‑2‑134
Checks, drafts, or orders for payment of moneys for public assistance - identification of bearer 26‑2‑135
Medically correctable program - fund established - rules 26‑2‑137
Noncitizens programs 26‑2‑138
Refugee services program - state plan - rules - definitions - repeal 26‑2‑139
Food pantry assistance grant program - created - timeline and criteria - grants - definitions - repeal 26‑2‑140
Colorado diaper distribution program - diapering essentials - report - rules - definitions 26‑2‑141
High-quality work management system - implementation - funding - repeal 26‑2‑142
Colorado teen parent driver’s license program - report - rules - definitions - appropriation 26‑2‑143
Colorado commodity supplemental food grant program - creation - appropriation - rules - definitions 26‑2‑144
Food bank assistance grant program - creation - rules - definition 26‑2‑201
Short title 26‑2‑202
Legislative declaration 26‑2‑203
Definitions 26‑2‑204
Mandatory minimum state supplementation of SSI benefits 26‑2‑205
Optional state supplementation 26‑2‑206
Interim assistance 26‑2‑207
Administration 26‑2‑208
Federal requirements 26‑2‑209
Limitations 26‑2‑210
State supplemental security income stabilization fund - creation 26‑2‑301
Food stamps - administration 26‑2‑301.5
Performance standards - incentives - sanctions 26‑2‑302
Federal requirements 26‑2‑304
Appeals - recoveries - rules 26‑2‑305
Fraudulent acts - penalties 26‑2‑305.5
Categorical eligibility - repeal 26‑2‑306
Trafficking in food stamps 26‑2‑307
Fuel assistance payments - eligibility for federal standard utility allowance - supplemental utility assistance fund established - definitions - repeal 26‑2‑308
Colorado employment first - supplemental nutrition assistance program - federal match - legislative declaration - definition - repeal 26‑2‑701
Short title 26‑2‑702
Legislative intent 26‑2‑703
Definitions 26‑2‑704
No individual entitlement 26‑2‑705
Works program - purposes 26‑2‑706
Target populations 26‑2‑706.5
Restrictions on length of participation - rules 26‑2‑706.6
Payments and services under Colorado works - rules 26‑2‑707.5
Community resources investment assistance 26‑2‑707.7
Information concerning immunization of children 26‑2‑708
Assistance - assessment - individual responsibility contract - waivers for domestic violence - rules 26‑2‑709
Benefits - cash assistance - programs - rules - repeal 26‑2‑709.5
Exit interviews and follow-up interviews of participants - reporting 26‑2‑710
Administrative review 26‑2‑711
Works program - sanctions against participants - rules 26‑2‑712
State department duties - authority 26‑2‑713
State maintenance of effort 26‑2‑714
County block grants formula - use of money - rules 26‑2‑714.5
Adjusted work participation rate - notification - county authorization - career and technical education 26‑2‑715
Performance contracts 26‑2‑716
County duties - appropriations - penalties - hardship extensions - domestic violence extensions - incentives - rules 26‑2‑717
Reporting requirements 26‑2‑718
Regionalization 26‑2‑719
Private contracting 26‑2‑720.5
County block grant support fund - created 26‑2‑721
Colorado long-term works reserve - creation - use 26‑2‑721.3
Colorado works program maintenance fund - creation - use - report 26‑2‑725
Outreach and engagement plan - family voice participation 26‑2‑1001
Short title 26‑2‑1002
Legislative declaration 26‑2‑1003
Definitions 26‑2‑1004
Individual development account program - rules 26‑2‑1005
Eligibility for participation in the individual development account program 26‑2‑1101
Legislative declaration 26‑2‑1102
Definitions 26‑2‑1103
Transitional jobs program 26‑2‑1104
Repeal
Green check means up to date. Up to date

Current through Fall 2024

§ 26-2-119.7’s source at colorado​.gov