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ArticleChair » Education » Legal » Questions for a Social Security Lawyer


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Questions for a Social Security Lawyer

Author: albert.tobega Total views: 11 Word Count: 561

Q: What should I do when Social Security says Ive 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. 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. Overpayment also occurs when the SSA does not quickly apply any reported changes to you account, and waits to adjust your monthly benefits.
While you may want to talk to your social security lawyer about your best choice, there are generally three options when you are overpaid. One of these is requesting a reconsideration when you think the SSA has made a mistake. 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).
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 cant pay the SSA back. A social security lawyer or advocate will likely suggest this if the overpayment wasnt your fault. 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. You may want to speak to a social security lawyer to learn more.
Q: I am considered to be 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 those that do not fall under the category of legal blindness can receive some benefits. You may want to speak with a social security lawyer about qualifying as legally blind.
The Social Security Administration has set up some special rules to deal with the blind. Because blindness has such a huge effect on a persons ability to work, the blind are generally given a higher monthly earnings limit than other disabled persons. As of the year 2008, the highest benefit for the blind was $1,570 monthly. 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: In short, no. Your social security lawyer will define an eligible disability as one that is either fatal, or has lasted or will last one year. While some take this to mean they cannot apply for benefits for 12 months, that is simply not true. Any social security lawyer will tell you to apply for benefits from the first day of your disability.

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