What You Might Hear in a Social Security Lawyer Consultation
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.
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. 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. On the other hand, if you feel you were overpaid and it was at least partly your fault, you will generally work with the SSA to arrange to pay the money back. This allows you to pay back the amount owed in installments. Speak to a social security lawyer for details.
Q: I am 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. As of the year 2008, the highest benefit for the blind was $1,570 monthly. You may want to speak to a social security lawyer to understand how this affects you.
Q: Do I have to wait 12 months before I file for SS benefits?
A: Heres the simple answer: no, you dont. 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.
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