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Questions for a Social Security Lawyer


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. One of these is requesting a reconsideration when you think the SSA has made a mistake. 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. Requesting a waiver means that you admit that you were given overpayment, but you cant pay the SSA 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. 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 considered to be 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. 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 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 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. You may want to speak to a social security lawyer to understand how this affects you.
Q: Do I need to wait a year after the start of my disability to apply for benefits?
A: In short, no. Your social security lawyer will define an eligible disability as one that is either fatal, or has lasted or will last one year. While some take this to mean they cannot apply for benefits for 12 months, that is simply not true. Any social security lawyer will tell you to apply for benefits from the first day of your disability.


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