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. :D
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.

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.

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.

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.

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.

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.

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.

How benefits are computed
 

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.

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

Wow finz that's a pretty good chunk of change, In Florida they say that you can get the whole amount of backpay if you have a good reason. But in Florida it's every 9 months you get a check depending on how much they owe you.

I've heard other posters here say larger amounts are broken up into increments where they are too.

We were very lucky to have my husband's income as well as my WC so we weren't in the dire straights that so many posters here have been in.

im waiting on my info too!
 

I'm in the same boat my atty told me that i would get my family max witch was almost double what my amount per month is!! mine was 1500 and then for my family it was 3050 but then i see people saying that for kids they only give you half of what the kids amount is ? so i don't know what to think lol, i hope my atty was right and i get the 3050 i have 2 kid's and a wife who is unemployed also i was told on jan 4th that my court date was april 20th but i told my atty i cold not wait that long or i would end up homeless so she told me to write a letter to the alj judge and to have my Dr. fill out a few pages stating why i could not work , So i did and sent it to my atty and she called me on feb 20th and said she had just sent it to the judge and 2 day's later she called me back and said i did not have to go to court that the judge ruled in my favor and all i had to do was wait for my check's it's been over 4 weeks and no word i called the alj office and asked if they hade a clue as to how long till i would see a check and she said that my file just went to a writer im not sure what that means? does it mean it will be to me in a week or in 6 months lol you have to laugh about it or you will go nut's you know i just hope its soon im super broke and don't know what to do if anyone has an idea of what a writer does and how long after they get your file it takes to get a check let me know i pace all the time and don't sleep much cuz I'm always thinking about it im sorry i went on so much im just like you ton's of questions i hope it all works out good for you

Good luck!:winky:

I don't mean to be the bearer of bad news Walker, but I would check those amounts. If your check is for $1500, the total for the kids would be $750 ($325 each) Could your lawyer have been mistaken about your amount ?

I remember thinking the kids would get more. On the thing SSA sends eveyone every few years that says how much you get if you retire, how much if you are disabled, and how much the kids get if you die. I thought the numbers for the kids if I died would be the same if disabled, but if I am disabled it's less......which makes sense because of the total family benefit. If I'm dead, SSA doesn't have to pay me so there would be more left to pay the kids.

Still waiting on my money help!!!!
 

Well it's been 8 weeks from the day my atty called and said I got a bench award in my favor and from what iv'e read it only takes like 30 to 60. Day to get your backPay I don't want to call the alj office agin cuz I've been told that if you bug them they can change your award i have like 3 weeks and I'm gonna be homeless with my wife and 2 kids this whole ssdi case has taken everthing else rom me my home my cars my credit all I hade left was a roof over my head but a guess that is also gonna be taken from me. Does anyone know how I can get them to pay me my money asap I got a hardship approved but all that did was get me out of my court date I call soc sec 2 times a week and they tell me nothing on file if anyone can help me I would be so greatfull to u please give me a clue to light a fire under them

thank you in advance
Walkerslbje

I would call SSA, not the AJL office.

Iatree ny to call alj
 

Yea I hade called the alj like 3 times the lady there was very nice and said it was at the writers office she did not seem upset but I'm not gonna push my luck so I have a call into my arty and the payment center I think I will just keep calling till I get an answer lol ugotta ask or go crazy
THanks walkerslbje

I would suggest you call no more than once a week or every 10 days. Hope you are not calling everyday. That is like the kid in the back seat asking "are we there yet?" every 10 miles. Doesn't make the decision happen any faster.

Your other post said it was 8 weeks from when the attorney called. What is the date of the written decision? Payment is generally 30-90 days from that date, not the verbal ok. Verbal approvals cannot be paid, only written decisions.

Still waiting
 

What happens was I hade a court date for april 20th after talking to my Atty she said if I wrote up a financail hardship letter that she would put a call into the judge and also send him a letter and all my records so the judge got my papers on Monday and on wensday my atty called me and said that I hade won my case and did not have to go to court and that because of the hardship I should have my check within 4 to 8 weeks and I was all set so after 3weels went by I called the judges office ans spoke to his manager she was nice but said that it could to up to 120 day to get my award I told her I was told it would be like 6 weeks because of the hardship she said she did not notice it was on my papers and to just check back in every so often so I called her 2 more tomes in 3 weeks then I read that if u make them mad they could change you ruling so I have not called agin but now I call my local soc sec office every week to see if they have any papers yet and nothing so I have put 3 calls into my atty and still have not got a call back so I will call her office every hour till she calls me tomarrow lol mabe that will work I have like 4 weeks nd I will be living in my car so I am very worried anddont get much sleep I prey every day and then go online to check my bank acct I just hope my Tty was right on the timeframe she gave me she has not lied to my yet but we will see I just am out of time and money at this point so any suggestions would be a big help take care to all

Walkerslbje

Hello....not sure that themax is 1800.00 per mnth. I receive 1509.00 plus for my child 754.50. I would definatly call them to check the amount. God luck with everything.

I haven't been on in awhile and did not read the entire thread. But the max for SSDI is not 1800 per month if that is what you are stating. Just wanted to clarify in case someone is not getting what they deserve.

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The OP says their family max benefit is $1800, not that that is the maximum that SSDI will pay to anyone.