Q: The SSA says they have paid me more money than they should have. What do I do? See also this article.

A: Any social security lawyer will tell you that you have a few different options when you are told that you have been overpaid. 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. In this case, Social Security will look over your file again. 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 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.

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

A: No, this is not true. According to the Social Security Administration, an eligible disability is one that prevents you from making a sufficient 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. But a social security lawyer will tell you to apply right away.

What can I do if the SSA finds that I am no longer disabled and wants to cut off my Social Security benefits?
All disability cases are subjected to regular reviews by the Social Security Administration. These review periods vary depending on the particular condition. If the member’s condition is expected to improve, he or she will be up for review in 6 to 30 months. If a possibility that the condition will improve remains, the review will be undertaken after 3 years. If the condition is deemed permanent, a review will be done in 5 to 7 years.

When the time for the review comes, the case will be forwarded to the Disability Determination Services department in order to determine the member’s continued eligibility for Social Security benefits. The member will go through an interview process and will be asked about his or her condition since being granted Social Security benefits. A medical examiner will then determine the present state of the member’s medical condition. If it is determined that the member is able to return to work, the Social Security benefits will stop.

If you disagree with the findings of this review process, an appeal may be filed with the office of the Social Security Administration. A hearing will then be done, in which your case will be subject to a reconsideration. If you are found to be ineligible for further Social Security benefits, you have the option of filing for an appeal with an administrative law judge, take your case to an Appeals Council, or file a lawsuit in the federal district court.

Can I receive any benefits for caring for my spouse who is disabled?
While the SSA does not pay caregivers of disabled spouses directly, they may be able to receive benefits of their own. These benefits are given monthly and can be equal to 50 percent of the disabled spouse’s benefits. It is important to note however that the SSA imposes a limit to the amount of social security benefits that a family can receive.

If the VA finds that I am disabled, should I expect to SSA to find me disabled as well?
Unfortunately, the SSA system does not gauge varying levels of disability, unlike the VA system. Therefore, while you may be eligible for benefits under the VA system even if you are only partially disabled, there is still a chance that you may be turned down by the SSA.