What a Social Security Lawyer or Advocate May Tell You

02/27/09

Q: The SSA says they have paid me more money than they should have. 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. You may be required to meet with an SSA representative, in which case it is a good idea to bring a social security lawyer or advocate with you.

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 request a payment waiver, you acknowledge that you were given too much money, but would like to be exempt from paying it back. Your social security lawyer will probably suggest this course if the overpayment was due to a mistake made by the SSA.

If, on the other hand, you believe that you were overpaid due to your own mistake, you will probably need to pay the money back. A social security lawyer will tell you that your best option is to speak to the SSA about scheduling payments. This will allow you to repay the money as you are able. Don't know whether to choose the first, second, or third option? Speak to a social security lawyer.

Q: As somebody who is legally blind, am I eligible for social security?

A: According to Social Security, "legally blind" means your vision cannot be corrected to more than 20/200. And like other disabilities, those who are legally blind may be eligible for social security disability. 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 most ways, blindness is treated by the SSA like any disability. But because their disability is so severe, the legally blind can also get some extra benefits. You should speak to a social security lawyer about any extended benefits you can get for legal blindness.

Q: A friend told me that everybody has to wait until they've been disabled one year to apply. Is this really true?

A: No, this is not true. 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. In fact, however, your social security lawyer or advocate would tell you to apply immediately after your disability begins.

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