Important Benefits Questions for a Social Security Lawyer
Q: Social Security says they paid me too much. What happens next?
A: If you have one, your social security lawyer will explain your options when you have received a notice of overpayment. Your first option is to ask the SSA for what is called a “reconsideration.” You will do this when you believe that Social Security has made a mistake in considering you an overpayment. When requesting a reconsideration, you are essentially asking the SSA to give your file another look. If you meet with them, you may want to take a social security lawyer along, just in case.
If you agree with Social Security that your overpayment status is legitimate, you can ask for a waiver. When you request a payment waiver, you acknowledge that you were given too much money, but would like to be exempt from paying it back. Your social security lawyer will probably suggest this course if the overpayment was due to a mistake made by the SSA.
Lastly, if you think that the overpayment was your mistake, you will generally be required to repay the overpayment. Your social security lawyer or advocate will suggest you talk to Social Security about a payment schedule. This will allow you to repay the money as you are able. Aren’t sure whether you should request a reconsideration, waiver, or payment schedule? A social security lawyer can help you make the right choice.
Q: As somebody who is legally blind, am I eligible for social security?
A: According to Social Security, “legally blind” means your vision cannot be corrected to more than 20/200. And just as with most other disabilities, the legally blind are eligible for benefits in many cases. While you may want to speak with a social security lawyer about your specific case, in general you can look over the guidelines for eligibility under any other disability to determine whether you may be eligible.
In general, the legally blind are treated by Social Security in the exact same way as other disable persons. But because their disability is so severe, the legally blind can also get some extra benefits. You should speak to a social security lawyer about any extended benefits you can get for legal blindness.
Q: I’ve heard I can’t file for Social Security for 12 months after my disability. Is this true?
A: You do not have to wait 12 months to apply for benefits. The SSA defines a SSD eligible disability as one that keeps you from earning a substantial gainful income. In the “small print” it goes on to say that your disability either needs to be fatal, or to have lasted or be expected to last one year or more. Those that don’t work with a social security lawyer often take this to mean they have to wait until they’ve been disabled 12 months to apply. But a social security lawyer will tell you to apply right away.