Things a Social Security Lawyer May Tell You
12/10/08
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.
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. One of these is requesting a reconsideration when you think the SSA has made a mistake. This means you will request that the SSA take another look at your case, and perhaps meet with you to speak with them (in which case you may want to speak with a social security lawyer).
If you do not request a reconsideration, you can request a waiver. Requesting a waiver means that you admit that you were given overpayment, but you can't pay the SSA 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. You may want to speak to a social security lawyer to learn more.
Q: I am considered to be legally blind. Can I get social security benefits?
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 those that do not fall under the category of legal blindness can receive some benefits. You may want to speak with a social security lawyer about qualifying as legally blind.
The SSA has special guidelines when working with legally blind applicants. Because being blind is so debilitating, many legally blind applicants can receive higher benefits than those with other disabilities. 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: Here's the simple answer: no, you don't. 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. You may take this to mean that you have to wait until you have been disabled a year to apply; but you should not. Your social security lawyer will encourage you to apply on day one.
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