Questions People Bring to a Social Security Lawyer
Posted by admin on May 12, 2009
Q: What should I do when Social Security says I’ve 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. It can also happen when Social Security does not process your change in status quickly enough, and delays the change in your monthly check.
You may want to speak to a social security lawyer about your options, but in general, there are three different things you can do when you receive a notice of overpayment. 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).
Another option is to ask the SSA for a waiver. Requesting a waiver means that you admit that you were given overpayment, but you can’t pay the SSA back. A social security lawyer or advocate will likely suggest this if the overpayment wasn’t your fault. If, however, you believe that the overpayment was your responsibility, you can set up a payment arrangement with the SSA. Social Security will generally allow you to make repayment in installations. You may want to speak to a social security lawyer to learn more.
Q: I am legally blind. Am I eligible for Social Security Disability?
A: If you speak to a social security lawyer, he or she will give you this simple answer: maybe. If you are legally blind, you essentially follow the same rules as applicants with other disabilities. 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 SSA has special guidelines when working with legally blind applicants. Because being blind is so debilitating, many legally blind applicants can receive higher benefits than those with other disabilities. As of the year 2008, the highest benefit for the blind was $1,570 monthly. You may want to speak to a social security lawyer to understand how this affects you.
Q: Do I have to wait 12 months before I file for SS benefits?
A: Here’s the simple answer: no, you don’t. 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.
If, for instance, your service connected disability has grown in severity since you began receiving benefits, you can apply for an increase in your percentage or rating, which will also increase the amount of your monthly benefits. Veteran Affairs also provides expanded benefits to those veterans who cannot work due to their service connected disability. If this is your situation, there is a second application that you need to fill out in order to apply. If you feel that your disability makes it impossible for you to work, and should therefore receive more benefits from the VA, you should either contact a VSO or a lawyer to answer your questions and help you through the process. The VA also has benefits for those individuals that are unable to care for themselves on a regular basis or those that are unable to leave their home most of the time.
A social security attorney will assure that all the details for your hearing are prepared and will know how to navigate the process.
Q: When should I apply for social security disability benefits?
A: It is recommended that you submit your application for disability benefits as soon as possible after you are no longer able to work. Although the current estimated time of application processing is 90 to 120 days, it is not uncommon for the process to take over 6 months. That is why you should apply for benefits as soon as possible. The process will take even longer, if your case is not initially approved and you wish to appeal.
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