Q: How do I handle a Social Security Disability overpayment issue?
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. 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).
Another option is to ask the SSA for a waiver. This means that you acknowledge that you received an overpayment, but cannot pay the amount back. A social security lawyer or advocate will likely suggest this if the overpayment wasn’t 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. 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. 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. If unsure, it is best to talk to your social security lawyer or advocate about qualifying for legal blindness.
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. In 2008, the monthly earnings limit was $1,570. 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.
January 21st, 2009 at 8:10 pm
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January 31st, 2009 at 8:16 pm
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February 4th, 2009 at 8:19 pm
A good social security lawyer will also be useful to you when you are denied a claim, and will therefore have to make an appeal for reconsideration before a judge. When you consider that many SSD applicants are often denied benefits two times or more, and the appeals process can take up to two years to complete, the reasons for hiring a social security lawyer become even more apparent. With a social security lawyer, this process can be speeded up considerably.
It is important for you take your benefits claim seriously and to do what your social security lawyer suggests at all times. Many social security lawyers have had difficulties with clients that do not fulfill the terms of the medical requirement prescribed by their doctor.
February 6th, 2009 at 8:20 pm
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February 10th, 2009 at 8:23 pm
If you did not know you had a hearing because you did not receive notification, contact your claim representative immediately. Make sure that all representatives handling your case have your address and phone number during all reviewing processes. A social security lawyer would have assured that you knew about your scheduled hearing. A notice of hearing date is sent to your lawyer and you. The administration may dismiss your case, if you willingly failed to show up for your hearing.
February 17th, 2009 at 8:24 pm
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February 18th, 2009 at 8:26 pm
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February 19th, 2009 at 8:26 pm
Can people that are only partially disabled apply for Social Security Benefits?
The Social Security Administration has some pretty rigid guidelines in place regarding who is eligible for Social Security benefits. The SSA rules clearly state that they only grant Social Security benefits for applicants that are totally disabled. People who only have cases of partial disability or short term disability are not eligible for Social Security benefits.
My doctors say that there is no treatment that can help me, so why do I have to keep going to doctors?
Even if you are suffering from a condition that doctors have deemed untreatable, you should still keep seeing a doctor in order to avail of medications that may help alleviate any symptoms or pain that you are experiencing. This is all the more important if you are still currently receiving Social Security benefits, since the SSA will check on your status from time to time and decide if you are still considered disabled.
February 21st, 2009 at 8:26 pm
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February 23rd, 2009 at 8:27 pm
Social security regulations are labyrinthine, and working out which social security benefits you are allowed to receive can be challenging. To smooth the process, here are answers to some of disability applicants’ most common questions.
SSA is only for people whose disability is complete and who have been disabled (or are expected to be disabled) for one year or more, so there are no partial disability social security benefits. If you wish to file for partial disability, you will need to do so through a state or local program. You will still be able to receive state and local disability benefits if SSA denies your application because you are not completely disabled.
February 28th, 2009 at 8:29 pm
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March 4th, 2009 at 8:30 pm
To help you, here are some answers to common questions about disability benefits received through Social Security.
There are no partial disability social security benefits, since SSA is designed only for people who are completely disabled and who have been (or are expected to be) disabled for at least a year. If you need partial disability, you will have to apply through a state or local disability program. You will still be able to receive state and local disability benefits if SSA denies your application because you are not completely disabled.
However, you can continue to work while receiving disability social security benefits as long as you are able to work only at a low level or for short periods of time.
March 10th, 2009 at 7:33 pm
There are several benefits for disabled persons as provided by the Social Security System. A good social security lawyer can help you better understand the rules of each one, as they can be quite complex. A social security lawyer can help you differentiate between the various kinds so you can choose the one that is right for you. In this article however, we will focus on two major types: Social Security Disability Insurance or SSDI, and Supplemental Security Income or SSI. SSDI considers factors such as work history and disability, and SSI considers factors such as income, old age and blindness.
March 13th, 2009 at 7:33 pm
Q: I am considered to be legally blind. Can I get social security benefits?
A: A social security lawyer will tell you that, yes, you may in some cases be eligible for benefits. 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 if you are not “legally” blind, you may be eligible for benefits.
March 19th, 2009 at 7:35 pm
Doctors that know you and know what you are going through.
If, however, you have no access to medical insurance, you have two different options for obtaining care. One of these is the county clinic in your county, and the other is a vocational rehabilitation center. County clinics are there for people who do not have medical insurance. If you decide to use a county clinic, the best way to go about it is quietly: it is best not to tell them about your current disabilities.
March 25th, 2009 at 7:37 pm
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March 31st, 2009 at 7:39 pm
Under SSA rules, you are classified as disabled if you cannot work in the same job as before, and your condition prevents you from working at another job. You will also be considered disabled if your condition is expected to last for a period of one year or more OR if it is expected to result in your death.
Social Security is designed to work on the principle that members can rely on family members to support them during their illness or that they have other sources of income. These resources may include compensation from your place of employment, insurance programs, and personal savings.
The Social Security Administration has an extensive list of medical conditions that is used to determine if the person is eligible to receive benefits or not.
April 6th, 2009 at 7:41 pm
The fact is that you should apply for disability as soon as possible, even on the first day of your disability if you can manage to do so. The act of processing your claim can take much longer than expected and if you wait too long before doing so, you may miss out on some benefits, as well as run the risk of delaying the process even more. Keep in mind that even with the help of an experienced Social Security lawyer, the claim process can still take a long time. In addition, you will also have to be unable to work for at least 5 full months before you can begin receiving disability benefits.
Some people have also wondered why the entire process takes so long, in some cases lasting for more than a year.
April 22nd, 2009 at 7:50 pm
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May 12th, 2009 at 1:28 pm
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May 26th, 2009 at 7:13 pm
If you are confused about when or how to apply for disability insurance, it may be beneficial to speak with a social security attorney.
Q: Is a claimant eligible for Medicaid, while receiving disability benefits?
A: A person who is approved for social security disability insurance (SSDI) is eligible for Medicare. An individual cannot receive Medicare benefits until two years after the date of onset of the condition plus five months (the waiting period mentioned in the previous question). An individual who receives SSI benefits is eligible to apply for Medicaid. The distinction can get a bit confusing for those who may collect both SSI and SSDI for a certain period of time.
June 28th, 2009 at 7:44 pm
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? Speak to a social security lawyer.
Q: Is somebody who is legally blind eligible for Social Security Disability?
A: The SSA defines “legally blind” as vision that can’t be corrected to better than 20/200 in at least one eye. And like other disabilities, those who are legally blind may be eligible for social security disability. 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.
July 21st, 2009 at 1:43 pm
Following the appropriate next steps in the process and choosing to appeal your claim will improve your chances of being awarded benefits.
Q: Can not taking prescriptions recommended by your physician weaken your social security disability claim?
A: You will weaken your case when applying for social security disability when you choose to not follow recommended prescription regiments. By not taking prescriptions, it may appear to a reviewer that your injury is not severe enough to keep you from working. More importantly, it is difficult to determine the severity of your particularly case if you are not following prescribed treatments. To assure that a sound decision can be reached regarding your case, make sure you take all prescriptions and adhere to regiments recommended by your physician.
August 31st, 2009 at 4:02 pm
A: In most cases, a person currently receiving social security disability benefits will automatically receive retirement benefits when they reach full retirement age. For most recipients, this conversion requires little or no effort. Speak to the SSA or a social security disability lawyer for more information.
Q: I heard the everyone has their social security disability application denied by the SSA the first time they apply. Is that true?
A: While you may hear plenty of horror stories about constant rejection from the social security disability program, the truth is that not all first claims are denied.
September 3rd, 2009 at 4:12 pm
Social security benefits would also end if a person reaches retirement age and is eligible for retirement benefits. Disability benefits would be converted to retirement benefits. Your file will be evaluated regularly in order to verify the status of your injury. You do not, however, need to reapply for disability benefits, if the status of your injury and employment has not changed.
If a person has been notified of approval, when will he receive his first payment for social security benefits?
A: A person must be out of the workforce due to the medical condition for a minimum of five months before social security benefits can begin.
September 28th, 2009 at 10:04 pm
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September 29th, 2009 at 10:08 pm
This is extremely important since your future benefits are based on the information contained in this report.
The age at which you can receive full social security benefits is dependent upon the year in which you were born. For example, individuals born in 1937 or earlier can opt to receive their full social security benefits at the age of 65. You can refer to the SSA website or you local SSA office for complete information concerning when you are eligible to receive full social security benefits.
Many people opt to receive their social security benefits before their full retirement age, which is as early as age 62.
October 7th, 2009 at 12:09 am
But it also can happen due to delays in application, or a “disability onset date” which is adjusted by a judge or other official during the application process. In this case, you should speak to a social security lawyer to better understand you options for appeals, etc.
Q: If I have an SSD claim pending, can I still work?
A: A social security lawyer will define an SSD eligible disability as one that will prevent you from making a gainful income in your or any other field. Eligibility doesn’t, however, require you not to work at all. If the amount you earn falls below the income limit for “substantial gainful activity,” it may not affect your claim.
November 19th, 2009 at 6:19 am
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December 1st, 2009 at 6:24 am
You do not have to wait a certain period of time before you submit an application. A decision on a case can vary from months to years, so it is advantageous to submit your application for benefits as soon as you can. There is a required waiting time of five months after the onset date of your injury before you can receive your first benefits check, but there is no waiting period for applying.
Q: Can you work while your social security disability claim is pending?
A: You are allowed to be employed and receive social security disability benefits. The amount you earn, not the fact that you are working, is what will affect your entitlement to benefits.
December 22nd, 2009 at 6:30 am
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January 17th, 2010 at 7:47 am
Many Thanks.