Social Security Lawyer Help
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by: albert.tobega
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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.
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. 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 or advocate will likely suggest this if the overpayment wasnt 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 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. 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 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. 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 have to wait 12 months before I file for SS 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. While some take this to mean they cannot apply for benefits for 12 months, that is simply not true. Your social security lawyer will encourage you to apply on day one.
About the Author
Get more info about social security disability, visit www.HillandPonton.com.
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