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Eligibility and Benefits Questions for a Social Security Lawyer

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by: albert.tobega
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Q: Social Security says they paid me too much. What should I do next?
A: If you have one, your social security lawyer will explain your options when you have received a notice of overpayment. Your first option is to ask the SSA for what is called a "reconsideration." You will do this when you believe that Social Security has made a mistake in considering you an overpayment. When requesting a reconsideration, you are essentially asking the SSA to give your file another look. If you meet with them, you may want to take a social security lawyer along, just in case.
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 Securitys mistake, not yours.
Lastly, if you think that the overpayment was your mistake, you will generally be required to repay the overpayment. Your social security lawyer or advocate will suggest you talk to Social Security about a payment schedule. With a schedule, you can pay bit by bit instead of all at once. Dont know whether to choose the first, second, or third option? Speak to a social security lawyer.
Q: As somebody who is legally blind, am I eligible for social security?
A: The SSA defines "legally blind" as vision that cant 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.
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: A friend told me that everybody has to wait until theyve been disabled one year to apply. 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 dont work with a social security lawyer often take this to mean they have to wait until theyve 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.

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