Eligibility and Benefits Questions for a Social Security Lawyer
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.