Questions for a Social Security Lawyer

04/14/09

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. 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. It can also happen when Social Security does not process your change in status quickly enough, and delays the change in your monthly check.

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).

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 will often tell you to do this if you were not at fault for the over payment. 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. You may want to speak to a social security lawyer to learn more.

Q: I am legally blind. Am I eligible for Social Security Disability?

A: If you speak to a social security lawyer, he or she will give you this simple answer: maybe. Those people who are legally blind qualify for social security disability under the same general rules as those with any other disability. 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 Social Security Administration has set up some special rules to deal with the blind. 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. It may be a good idea to speak to your social security lawyer for a better idea of how this works.

Q: Do I have to wait 12 months before I file for SS benefits?

A: In short, no. 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.