As Social Security Disability attorneys in Tampa, Florida, the attorneys at Stolberg & Townsend, P.A. regularly review our client’s favorable decisions and award notices to make sure the proper benefits are being paid. When a client is eligible for both Social Security Disability (Title II- DIB) and Supplemental Security Insurance (Title XVI- SSI) it is not uncommon for an overpayment to occur. An overpayment may also occur for those individuals who receive or have received Workers’ Compensation benefits. There are different rules that apply to the offset of future Florida Workers’ Compensation benefits and Federal Workers’ Compensation benefits, though both are offset retroactively. Even though all information may be provided to Social Security at the time of hearing, award notices frequently do not properly take into account receipt of other benefits. It may take several months for clients to be told they were overpaid. Therefore it is important to be sure you have received the proper amount after taking into account receipt of SSI and/or WC payments
In other news, Social Security is making a push to have more video hearings. As a general rule, most social security lawyers do not like video hearings since the administrative law judge cannot see our clients in person. Most social security attorneys want the judge to be able to get a feel for a client’s truthfulness. When your Social Security disability request for hearing has been received you will receive a letter asking you if you object to the use of video teleconferencing for you hearing. It is important that you call us right away so this form can be properly and timely returned.
It does not look like Social Security will be adding a lot more Administrative Law judges. The wait time for hearings from the time a Request for Hearing is filed is still running over a year and a half. No Social Security attorney can promise to be able to move your case faster than someone else’s case. However there are some rare situations where you can ask for expedited action. Situations such as homelessness or terminal medical conditions will be reviewed and considered by social security for possible expedited hearings. Cases which are deemed “critical” and eligible for special processing include: Terminal illness; Veterans who have received a 100 percent permanent and total disability compensation rating from the Department of Veterans Affairs; (note: this does not apply to claimant’s with a 100% P&T disability pension); military casualty/Wounded Warrior cases; Compassionate Allowances; and dire need cases. If you think any of these situations apply to you, please make sure to let us know.
If you have questions about social security disability in Tampa, Hillsborough County or surrounding areas, please feel free to call us at Stolberg & Townsend, P.A.
