Questions for a Social Security Lawyer
11/16/08
Q: How do I handle a Social Security Disability overpayment issue?
A: A social security lawyer will tell you to expect to receive a Notice of Overpayment from the SSA if they feel they have paid you too much. Overpayment happens for many reasons, like letting a change in your lifestyle/earnings go unreported. Overpayment also occurs when the SSA does not quickly apply any reported changes to you account, and waits to adjust your monthly benefits.
While you may want to talk to your social security lawyer about your best choice, there are generally three options when you are overpaid. First, if you believe the overpayment is incorrect, you can ask for a reconsideration. When you do this, you are essentially requesting Social Security to look over your file again and perhaps meet with you to work out the problem (when this happens, it is a good idea to bring your social security lawyer).
Another option is to ask the SSA for a waiver. This means that you acknowledge that you received an overpayment, but cannot pay the amount back. A social security lawyer will often tell you to do this if you were not at fault for the over payment. On the other hand, if you feel you were overpaid and it was at least partly your fault, you will generally work with the SSA to arrange to pay the money back. Social Security will generally allow you to make repayment in installations. You may want to speak to a social security lawyer to learn more.
Q: I am legally blind. Am I eligible for Social Security Disability?
A: If you speak to a social security lawyer, he or she will give you this simple answer: maybe. If you are legally blind, you essentially follow the same rules as applicants with other disabilities. You will be considered legally blind if your sight cannot be corrected to 20/200. Even if you are not "legally" blind, you may be eligible for benefits. If unsure, it is best to talk to your social security lawyer or advocate about qualifying for legal blindness.
The Social Security Administration has set up some special rules to deal with the blind. Because blindness has such a huge effect on a person's ability to work, the blind are generally given a higher monthly earnings limit than other disabled persons. As of the year 2008, the highest benefit for the blind was $1,570 monthly. It may be a good idea to speak to your social security lawyer for a better idea of how this works.
Q: Do I need to wait a year after the start of my disability to apply for benefits?
A: In short, no. A social security lawyer will tell you that the SSA defines disability as an inability to make a gainful income due to a disability that is either fatal, or has lasted 12 months, or is expected to last at least 12 months. While some take this to mean they cannot apply for benefits for 12 months, that is simply not true. Your social security lawyer will encourage you to apply on day one.
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