Q: The SSA says they have paid me more money than they should have. What should I do next?
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. When requesting a reconsideration, you are essentially asking the SSA to give your file another look. 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.
If, on the other hand, you believe that you were overpaid due to your own mistake, you will probably need to pay the money back. 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. Don’t know whether to choose the first, second, or third option? Speak to a social security lawyer.
Q: Is somebody who is legally blind eligible for Social Security Disability?
A: According to Social Security, “legally blind” means your vision cannot be corrected to more than 20/200. 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.
In general, the legally blind are treated by Social Security in the exact same way as other disable persons. But because their disability is so severe, the legally blind can also get some extra benefits. 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: I’ve heard I can’t file for Social Security for 12 months after my disability. Is this really true?
A: No, this is not true. The SSA defines a SSD eligible disability as one that keeps you from earning a substantial gainful income. That disability must also be expected to be fatal or to last at least 12 months. Those that don’t work with a social security lawyer often take this to mean they have to wait until they’ve been disabled 12 months to apply. In fact, however, your social security lawyer or advocate would tell you to apply immediately after your disability begins.