Important Benefits Questions for a Social Security Lawyer
Posted by admin on Dec 25, 2008
Q: Social Security says they paid me too much. What do I do?
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. 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. 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 do this, you admit that you received too much money, but request to be allowed not to pay 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.
Lastly, if you think that the overpayment was your mistake, you will generally be required to repay the overpayment. A social security lawyer will tell you that your best option is to speak to the SSA about scheduling payments. This will allow you to repay the money as you are able. Don’t know whether to choose the first, second, or third option? A social security lawyer can help you make the right choice.
Q: As somebody who is legally blind, am I eligible for social security?
A: The SSA defines “legally blind” as vision that can’t be corrected to better than 20/200 in at least one eye. And just as with most other disabilities, the legally blind are eligible for benefits in many cases. 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 some special benefits are set aside for the legally blind, as this condition is particularly disabling. 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 they’ve been disabled one year to apply. Is this true?
A: You do not have to wait 12 months to apply for benefits. 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. But a social security lawyer will tell you to apply right away.
If it is determined that the member is able to return to work, the Social Security benefits will stop.
If you disagree with the findings of this review process, an appeal may be filed with the office of the Social Security Administration. You may then be asked to attend a hearing, upon which time a reconsideration decision will be made. If you are found to be ineligible for further Social Security benefits, you have the option of filing for an appeal with an administrative law judge, take your case to an Appeals Council, or file a lawsuit in the federal district court.
Can I receive any benefits for caring for my spouse who is disabled?
While there is currently no provision in the SSA that will directly pay you to care for your disabled spouse, you may be eligible to receive certain benefits once your spouse receives Social Security benefits.
To work out which disability benefits you may be able to receive, and to find out whether you will be able to earn an income while receiving disability, read on.
Can I get partial disability through SSA?
No, people with partial or short term disabilities are not eligible for disability benefits through Social Security. Only people whose disability is considered complete and is expected to last more than one year are eligible for social security benefits. (Note that people who qualify for disability benefits may collect benefits while working as long as their maximum possible income is lower than a SSA determined income cap. )
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Q: “Before I went to jail, I was receiving Social Security Disability. Why do I no longer receive my benefits?
A: When you are in jail or prison, you are a ward of the state and the state is paying for your food, clothes, and necessities. Because of this the Social Security Benefits are stopped and when you are released you often have to reapply for benefits. In this situation it may be a good idea to contact an attorney or professional that is familiar with this type of situation.
Q: “How long does this process take?”
A: This is different with every case.
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Given the duration some claims take, it is vital to examine and adjust your budget when possible. Try to eliminate all spending that is not mandatory. Regardless of what you can afford now, resist temptation to spend. Put any money you save by cutting discretionary spending aside to help you through the time it may take to reach a decision about your social security disability claim. Some claimants restructure their financial obligations to help them through.
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Most people, however, seek an attorney to help them through the process to assure that everything is completed fairly and correctly.
Q: What happens if you miss the hearing date for your social security disability claim?
A: Being absent from a scheduled hearing is not recommended. If a hearing was missed for a legitimate reason, you should be able to reschedule. Legitimate reasons are those that were not expected and emergencies. Some common emergencies include illness, family circumstances, medical circumstances and transportation issues.
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You must be younger than the retirement age in order to receive social security benefits via the disability program. Last, but not least, your injury needs to be such that you will not be able to join the workforce again for a minimum of 12 months. The Social Security Administration does not extend benefits to individuals with partial or short term disabilities.
Q: When will social security benefits stop?
A: Social security benefits will continue until a person no longer suffers from the medical condition that made him unable to work. The payments would end the second month after the injury is no longer present.
Q: “It’s my money! I worked and I paid into the system, why can’t I get my money back?”
A: This is a good argument but unfortunately this is not how Social Security works. You do have to be found medically disabled even for SSD benefits. Yes, you paid into the system and that is why you are able to apply for SSD benefits instead of SSI benefits.
Q: “I am already getting Social Security Disability but its not enough, I need to get more money. ”
A: This is a situation that many people find themselves in, and it is a frustrating one.
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