Questions for a Social Security Lawyer

01/09/10

Q: What should I do when Social Security says I've 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. Overpayment also occurs when the SSA does not quickly apply any reported changes to you account, and waits to adjust your monthly benefits.

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 can't pay the SSA back. A social security lawyer or advocate will likely suggest this if the overpayment wasn't your fault. 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. Speak to a social security lawyer for details.

Q: I am legally blind. Can I get social security benefits?

A: If you speak to a social security lawyer, he or she will give you this simple answer: maybe. Those people who are legally blind qualify for social security disability under the same general rules as those with any other disability. You will be considered legally blind if your sight cannot be corrected to 20/200. Even if you are not "legally" blind, you may be eligible for benefits. You may want to speak with a social security lawyer about qualifying as legally blind.

The SSA has special guidelines when working with legally blind applicants. Because blindness has such a huge effect on a person's 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 need to wait a year after the start of my disability to apply for benefits?

A: Here's the simple answer: no, you don't. 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. Any social security lawyer will tell you to apply for benefits from the first day of your disability.