Social Security Lawyer Help
Posted 07/01/09
Q: What should I do when Social Security says I've received overpayment?A: Any social security lawyer will tell you that, if the Social Security Administration determines that they have paid you more than they should, they will probably send you a Notice of Overpayment. This can happen for a variety of reasons, such as a failure to report a change in your lifestyle or status to the Social Security Administration. Overpayment also occurs when the SSA does not quickly apply any reported changes to you account, and waits to adjust your monthly benefits.
You may want to speak to a social security lawyer about your options, but in general, there are three different things you can do when you receive a notice of overpayment. 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).
If you do not request a reconsideration, you can request a waiver. This means that you acknowledge that you received an overpayment, but cannot pay the amount back. A social security lawyer or advocate will likely suggest this if the overpayment wasn't your fault. 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. This allows you to pay back the amount owed in installments. Speak to a social security lawyer for details.
Q: I am considered to be legally blind. Am I eligible for Social Security Disability?
A: A social security lawyer will tell you that, yes, you may in some cases be eligible for benefits. 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 those that do not fall under the category of legal blindness can receive some benefits. If unsure, it is best to talk to your social security lawyer or advocate about qualifying for legal blindness.
The SSA has special guidelines when working with legally blind applicants. 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. You may want to speak to a social security lawyer to understand how this affects you.
Q: Do I need to wait a year after the start of my disability to apply for benefits?
A: Here's the simple answer: no, you don't. Your social security lawyer will define an eligible disability as one that is either fatal, or has lasted or will last one year. While some take this to mean they cannot apply for benefits for 12 months, that is simply not true. Any social security lawyer will tell you to apply for benefits from the first day of your disability.