Overpayment, Blindess, and Other Issues for a Social Security Lawyer
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by: albert.tobega
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Q: What should I do when Social Security says Ive received overpayment?
A: Any social security lawyer will tell you that, if the Social Security Administration determines that they have paid you more than they should, they will probably send you a Notice of Overpayment. 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. 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 cant pay the SSA 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 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. Those people who are legally blind qualify for social security disability under the same general rules as those with any other disability. 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 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 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. In 2008, the monthly earnings limit was $1,570. 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: Heres the simple answer: no, you dont. Your social security lawyer will define an eligible disability as one that is either fatal, or has lasted or will last one year. You may take this to mean that you have to wait until you have been disabled a year to apply; but you should not. Any social security lawyer will tell you to apply for benefits from the first day of your disability.
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