Overpayment, Blindess, and Other Issues for a Social Security Lawyer
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by: albert.tobega
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Q: What should I do when Social Security says Ive received overpayment?
A: Any social security lawyer will tell you that, if the Social Security Administration determines that they have paid you more than they should, they will probably send you a Notice of Overpayment. 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.
While you may want to talk to your social security lawyer about your best choice, there are generally three options when you are overpaid. First, if you believe the overpayment is incorrect, you can ask for a reconsideration. 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. This means that you acknowledge that you received an overpayment, but cannot pay the amount back. A social security lawyer will often tell you to do this if you were not at fault for the over payment. 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. 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. The SSA will consider you to be legally blind if your vision cannot be corrected to 20/200 or better in your best eye. 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 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. 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.
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