Ask Larry

What Do I Do If I Think I Should Be Getting A Higher Benefit Amount?

Hi Larry, I WORKED FOR DEPT. PUBLIC WORKS, I WAS PAID $12 - $13 DOLLARS HUR. & OVER TIME. FROM 1979 - 2005 & paid retirement, insurance for me & 3 kids. Now on disability, I only receive $840 month, I think I should have received more money than this, I paid lawyer.

Hi. Social Security disability (SSDI) benefits are based on an average of a variable number of a disabled person's highest years of Social Security covered wage-indexed earnings. The number of earnings years used in the calculation is determined by the age at which the disabled person became disabled. Basically, the younger that a person is when they become disabled, the fewer the number of earnings years used in the calculation. The minimum number of calculation years is 2, which applies to people who become disabled at age 24 or earlier. The maximum number of calculation years is 35, which applies to people who become disabled at age 62 or older.

Suffice to say that the calculation formula is much too complex for me to be able to tell you if you're getting the right benefit rate, but if you believe that your benefit rate is incorrect then you may be able to file for an appeal. Appeal requests must normally be filed within 60 days of the date of the notice that's being appealed. For more information on filing an appeal, refer to the following Social Security publication:

Best, Jerry

May 9 2022 - 9:12pm
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