Asked in Public Benefits for Colorado

Q: Hello, I need to know if having or dropping a disability lawsuit in one state will effect getting disability in another.

My friend has been trying to receive disability payments from the Idaho government for over 4 years now and they have refused to five way despite major surgery and genetic health issues. She has attempted and opened a lawsuit against the state, but has been barred from recognition and has been delayed at every turn. She hopes to address mishandling of her case alongside her arguments. In the meantime, for personal reasons, she has taken up residence in Colorado and hopes to move there. She would like to register in Colorado in order to receive disability over here instead. However, she believes that if she does not see the case resolved in Idaho, that will affect her capacity to get disability in Colorado. She emphasizes that she must complete her case and receive payment from the state, however I don't know whether or not she will actually see that goal all the way through due to the legal system. Will she be able to receive disability in Colorado regardless of the cases outcome?

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1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: Attorneys in Idaho and Colorado could advise best, but your question remains open for two weeks. Your friend should consider a consult with an attorney (or attorneys) familiar with the disability systems in Colorado and Idaho before taking any serious measures, such as dropping the Idaho lawsuit you ask about. As a general matter in any type of claim in civil litigation, there are different ways for dropping or withdrawing from lawsuits, and depending on how this is done, could have a different impact on future rights to file such claims, or claims involving identical/similar issues, again in other forums. This is only a generality - an attorney consult could examine issues between the two disability systems and prospective disability claims more meaningfully. Good luck

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