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Old 03-29-2010, 11:55 PM #1
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Default Benefit computation.

I am new here and although I realise there are many threads similar to this I am going to throw actual numbers in here in hopes someone can help.
My husband was given a bench decision today! Yay! His claim was started in 2007 so it has been a very long, very hard, very broke road. No news there. I think that all of this go through that. Fortunately, I have been able to work to keep us afloat. Sorta.
Anyway this is going by his most recent benefit statement.
The disability amount listed for himself is $1200 something per month. Then maximum family benefits are listed as $1800 something.

He is in his mid 40's and made decent living roughly 48,000-50,000 as a journeyman in a skilled trade.

We have 4 kids. They are his only children the oldest is 12.
So we are confused. Is the maximum family benefit including his benefit or is it separate from his? I hope that makes sense. So would it be $1800 maximum for him and the children or just the children?

Anyone that can shed some light on this I truly would appreciate it. No one has said anything to him about his benefit at any point. All we have had to go on is the annual statement. LOL

Also I have seen where people ask about back problems and that is what he was awarded for. He has 4 ruptured disks that actually are separate in his back with one in the neck, one in the shoulder region, and two in his lower back. So basically all surgeons we have seen will not bother stating if they fuse it will just make him immobile and if they do traditional surgery the scar tissue would only cause more pain and immobility.
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Old 03-30-2010, 04:22 AM #2
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So sorry to hear about the problems your husband is having. My husband had surgery for one herniated disc a couple of years ago. Before the surgery the pain was excruciating. I hate to think the pain your husband must be in with four.

The $1800 is the maximum for your husband and children. The formula is 50% of his monthly benefit split among all children. So, his benefit amount is $1200, and the children receive $600.
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Old 03-30-2010, 12:00 PM #3
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What they will do is split the $600 between all the childred under 18. As they get older you will still get a total of $600 but it will get dispersed differently. You may eventually only have 1 under 18. When this happens they will get the whole 600. I am shocked he is only getting $1200 per month. I worked for Ford Motor for 18 ears and made roughly that amound and am getting somewhat more. He may want to look into this.
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Old 03-30-2010, 12:04 PM #4
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I am not sure how accurate that is, it is the amount listed on his statement though. Thanks for your help. At this point it is still a significant amount over what we have had.
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Old 03-31-2010, 05:43 AM #5
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I am going to say the same thing I always say, the smartest thing to do is call his case worker at your local SS office. Ask them why he is only getting $1200 and why he isn't receiving any backpay. He should get a sizable amount every 9 months. Since his time of application. Tell them you would like a detailed review of his benefits.
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Old 03-31-2010, 08:16 AM #6
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I'm going to jump in here. I think Mkb623 is referring to the benefit statement that SSA sends every year just before your birthday that gives the approximate amounts a person will receive at 62, 65 and disability now.

My final computation was about $150 more than the last annual benefit statement showed. The Disability Award Letter will reflect the actual benefit. I have been told that it can take the local offices anywhere from 30-60 days to calculate the actual benefits after an award, but my case worker was able to tell me the same day. It was another 30 days before I received the actual letter.

So, Mkb623, if you want to know sooner, try calling your case worker. And, here is a hint: My case worker never, never, never returned my phone calls. I finally started going through the main switchboard, and choosing the option for questions about your claims. That put me in a hold pattern, but the people there got tired of taking my calls, telling me I needed to talk with my case worker, and me telling them my case worker never returned calls. Those people have to log all calls, and they could see that I called in every day. One of them must have finally reported it to the supervisor, because a very petulant case worker finally called me back.

Good luck.
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Old 04-01-2010, 06:56 PM #7
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Quote:
Originally Posted by legalmania View Post
I am going to say the same thing I always say, the smartest thing to do is call his case worker at your local SS office. Ask them why he is only getting $1200 and why he isn't receiving any backpay. He should get a sizable amount every 9 months. Since his time of application. Tell them you would like a detailed review of his benefits.
This response has some incorrect information. The original poster didn't say anything about not getting backpay.

Bench decision 3/29/10. ALJ's do not make money appear in bank accounts. That is the job of Benefit Authorizers in the Payment Center, not the claims rep in the local office. So, there is no award notice yet, just speculation about the possible amount based on the outdated Social Security Statement.

Your husband will get an award notice in which the actual amount of the monthly benefit will be spelled out. Should be within 30-60 days from the written decision. The award notice will explain how much will be paid and for what months. Retroactive benefits for an SSDI claim are sent in one lump sum, not every 9 months. Retroactive benefits for an SSI claim can be sent six months apart, unless an exception is met. You are referencing an SSDI claim so there may not be an SSI claim. Separate claims will need to be taken for children's benefits by your local office, but there is not point in doing that until your husband's benefits are determined by the payment center.

There is nothing for your local office to review until the payment center makes a decision. If you think the computation is incorrect in the award notice, you should explain why. The Social Security statement gives a list of his lifetime earnings. Compare those numbers to his W-2's and see if anything is missing. If the earnings are posted correctly and there are no offsets, there is nothing you can really appeal. I will try to find a reference for the computation formula.

If there ever was any worker's comp or public disability benefits paid since he became disabled, the dollar amounts of those payments will have to be verified by the payment center before the retroactive benefits are computed. If there is a pending SSI claim, a decision will have to be made about the SSI before any retroactive SSDI benefits are paid.

Home stretch, but not yet at the finish line.
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Old 04-01-2010, 06:59 PM #8
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Default How benefits are computed

http://www.socialsecurity.gov/OACT/COLA/Benefits.html
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Old 04-03-2010, 02:16 AM #9
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I'm so happy for your family that his claim has been accepted !

Additional info on backpay.......I am in Massachusetts and I got mine in a lump sum within a few weeks of the judgement. The kids' backpay was seperate and came in each of their names. Others on here have said if it is a larger sum it is broken up into installment payments. My backpay was for $52,000 and I got it all at once, so it may depend on where you live.

The $1200 amount sounds low to me too. Is he just starting out in his career ? Or his he also getting WC or insurance disability payments ? I have a 20 year work history ranging from $20K to $50K (just in the last 2 years before my injury). I was collecting WC and still get $1800 a month from ssdi. My kids only get $66 a month each because of the WC. WC has just ended for me so the kids' benefit (I have 2) will be $450 a month each.

I would check that $1200 figure and if the backpay will be all at once when you call SSA.

Congrads again. Sounds like this will sure help the financial squeeze.
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Old 04-03-2010, 02:12 PM #10
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Quote:
Originally Posted by Janke View Post
This link talks about retirement mostly. For those of you who don't feel like reading the whole thing here is the short version. Click the ss link below then click on spouses and children, then scroll down to disability worker and auxiliary beneficiaries.
http://www.socialsecurity.gov/OACT/C...familymax.html

Last edited by legalmania; 04-03-2010 at 02:43 PM.
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