What a Social Security Lawyer or Advocate May Tell You

05/03/09

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. The first thing you can do is request a reconsideration from Social Security. 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. You may be required to meet with an SSA representative, in which case it is a good idea to bring a social security lawyer or advocate with you.

If you agree with Social Security that your overpayment status is legitimate, you can ask for a waiver. When you do this, you admit that you received too much money, but request to be allowed not to pay 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. A social security lawyer will tell you that your best option is to speak to the SSA about scheduling payments. 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: The SSA defines "legally blind" as vision that can't be corrected to better than 20/200 in at least one eye. And just as with most other disabilities, the legally blind are eligible for benefits in many cases. Though it's always a good idea to speak to a social security lawyer or advocate about your specific case, the same overall rules will generally apply to you as to a person with another disability.

In most ways, blindness is treated by the SSA like any disability. 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 really true?

A: No, this is not true. The SSA defines a SSD eligible disability as one that keeps you from earning a substantial gainful income. That disability must also be expected to be fatal or to last at least 12 months. 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. In fact, however, your social security lawyer or advocate would tell you to apply immediately after your disability begins.