Eligibility and Benefits Questions for a Social Security Lawyer
Q: The SSA says they have paid me more money than they should have. What should I do 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." This is generally what you should do if you believe that the SSA is incorrect in defining you as overpaid. 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. This is the course of action a social security lawyer might suggest if the overpayment was due to Social Security's mistake, not yours.
If, on the other hand, you believe that you were overpaid due to your own mistake, you will probably need to pay the money back. A social security lawyer will tell you that your best option is to speak to the SSA about scheduling payments. With a schedule, you can pay bit by bit instead of all at once. Aren't sure whether you should request a reconsideration, waiver, or payment schedule? Speak to a social security lawyer.
Q: Is somebody who is legally blind eligible for Social Security Disability?
A: The SSA defines "legally blind" as vision that can't be corrected to better than 20/200 in at least one eye. And like other disabilities, those who are legally blind may be eligible for social security disability. 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 some special benefits are set aside for the legally blind, as this condition is particularly disabling. If you are legally blind, you may want to speak to a social security lawyer about any extra benefits you may be eligible for.
Q: A friend told me that everybody has to wait until they've been disabled one year to apply. Is this true?
A: No, you do not have to wait to apply. 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. If you don't speak to a social security lawyer, it can be easy to assume that you have to wait until the year has passed to apply for disability. But a social security lawyer will tell you to apply right away.
References
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