Ask Larry

Do You Know How Long A Non-Medical Reconsderation Takes?

I was awarded SSDI in 2018, at age 63, with an onset date of 2014. Upon reaching FRA, SSA recalculated my benefit and discovered I was underpaid, adjusted my monthly benefit, and paying retroactively to July 2021 (FRA). As this was unexpected, I was rather appreciative. However, the question of a possible underpayment going back months, if not years, was difficult to ignore.

I downloaded the SSA Detailed Calculator, populated my earnings data (last earnings were 2013), ran the numbers and discovered a possible underpayment going as far back as 2016 (the total is approximately $4,000). My belief is this was a result of the Disability Freeze, for when I reviewed the calculations and compared the results to my actual benefit payments, thus far, it appeared my benefits had remained under the freeze, until the recent FRA recalculation. Clearly an error, as the DF is meant to protect one's benefit, not reduce it.

I spoke with the local SSA office, and the staff agreed, suggesting I file a non-medical Request for Reconsideration, which I did, November 2021. To date, nothing, other than the Recon is "in progress." The Recon was transferred to the Western Program Center, January 2022, and they simply will not respond to any requests for updates.

Might you have any ideas as to how long a non-medical Recon takes, these days? And do you have any suggestions, other than patience? I am quite happy my monthly benefit increased by $70+, but do not wish to ignore the possibility this should have been done much earlier, but the waiting game is not any fun (nor was it during the two years I waited for my ALJ hearing).

Thank you.

Hi. No, I don't. I retired from Social Security roughly 10 years ago, so I no longer have access to that type of information. Even in the best of times, though, it often took 6 months or more to get a reconsideration determination from reviewers in the program service centers. The reason for that is the large backlog of cases that results from understaffing. The staffing situation has only gotten worse since I retired, so I wouldn't be surprised if you'll be waiting for quite some time for a determination.

As for what you can do while waiting, you'll certainly want to periodically check in with Social Security to make sure that your reconsideration request is still pending. The only other thing that I can suggest is contacting the offices of your U.S. congressional representative and senators if you feel that the process is taking to long. Funding for the staffing of Social Security is provided by Congress, and Social Security ultimately answers to Congress for the service they provide.

Best, Jerry

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Posted: 
Apr 13 2022 - 9:17am
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