Questions You Might Ask a Social Security Lawyer
Posted 08/10/09
Q: Social Security says they paid me too much. What do I do?A: If you have one, your social security lawyer will explain your options when you have received a notice of overpayment. Your first option is to ask the SSA for what is called a "reconsideration." This is generally what you should do if you believe that the SSA is incorrect in defining you as overpaid. In this case, Social Security will look over your file again. If you meet with them, you may want to take a social security lawyer along, just in case.
If you do not believe that the SSA made a mistake when they calculated your overpayment, you can ask them to waive the overpayment. When you do this, you admit that you received too much money, but request to be allowed not to pay it back. This is the course of action a social security lawyer might suggest if the overpayment was due to Social Security's mistake, not yours.
Lastly, if you think that the overpayment was your mistake, you will generally be required to repay the overpayment. Your social security lawyer or advocate will suggest you talk to Social Security about a payment schedule. This will allow you to repay the money as you are able. Don't know whether to choose the first, second, or third option? A social security lawyer can help you make the right choice.
Q: Is somebody who is legally blind eligible for Social Security Disability?
A: The SSA defines "legally blind" as vision that can't be corrected to better than 20/200 in at least one eye. And just as with most other disabilities, the legally blind are eligible for benefits in many cases. Though it's always a good idea to speak to a social security lawyer or advocate about your specific case, the same overall rules will generally apply to you as to a person with another disability.
In general, the legally blind are treated by Social Security in the exact same way as other disable persons. But some special benefits are set aside for the legally blind, as this condition is particularly disabling. If you are legally blind, you may want to speak to a social security lawyer about any extra benefits you may be eligible for.
Q: A friend told me that everybody has to wait until they've been disabled one year to apply. Is this really true?
A: You do not have to wait 12 months to apply for benefits. The SSA defines a SSD eligible disability as one that keeps you from earning a substantial gainful income. That disability must also be expected to be fatal or to last at least 12 months. If you don't speak to a social security lawyer, it can be easy to assume that you have to wait until the year has passed to apply for disability. But a social security lawyer will tell you to apply right away.
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