Questions for a Social Security Lawyer
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. It can also happen when Social Security does not process your change in status quickly enough, and delays the change in your monthly check.
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. 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).
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 or advocate will likely suggest this if the overpayment wasn’t your fault. If, however, you believe that the overpayment was your responsibility, you can set up a payment arrangement with the SSA. 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. The SSA will consider you to be legally blind if your vision cannot be corrected to 20/200 or better in your best eye. 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 being blind is so debilitating, many legally blind applicants can receive higher benefits than those with other disabilities. In 2008, the monthly earnings limit was $1,570. 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. 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.