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: 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. One of these is requesting a reconsideration when you think the SSA has made a mistake. 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. 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. Social Security will generally allow you to make repayment in installations. 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. 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 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 Social Security Administration has set up some special rules to deal with the blind. Because blindness has such a huge effect on a persons ability to work, the blind are generally given a higher monthly earnings limit than other disabled persons. 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 have to wait 12 months before I file for SS benefits?
A: In short, no. Your social security lawyer will define an eligible disability as one that is either fatal, or has lasted or will last one year. While some take this to mean they cannot apply for benefits for 12 months, that is simply not true. Your social security lawyer will encourage you to apply on day one.
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