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Old 04-01-2010, 06:56 PM
Janke Janke is offline
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Join Date: Sep 2008
Posts: 686
15 yr Member
Janke Janke is offline
Member
 
Join Date: Sep 2008
Posts: 686
15 yr Member
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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 So, there is no award notice yet, just speculation about the possible amount based on the outdated Social Security Statement.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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