Ask Larry

Is There Anything We Can Do To Get Someone At Social Security To Investigate My Wife's Benefit Rate?

My wife's blindness SSDI may be underpaid by at least $400 a month for the probably the last 9 years. I do understand there are many variables that go into the computations and that I could be wrong which could be determined if I could get someone to actually talk to us and take a look. I think the underpayment may be because the computation method they are using is "Guaranteed Minimum" based computation from when she became reinstated my benefits in 2013, which doesn't account for further income through AERO, only for COLA.
Maybe reaffirming this, I ran the numbers I have through the PIA calculator they provide. The numbers for "Disability guarantee" are exactly what she gets to the dollar, and changing the benefit date continues to match it to the dollar right up to 2020. The Wage-Index Formula both the Freeze and Non-Freeze method are significantly higher. From reading the POMS site it seems they should allow the Freeze method for her situation.
So far we have Sent many written request, Some using SSA-795, for them to look at the account, run a re-computation, re-calculation, even just have someone talk to us, all which have been ignored. We have attempted to call both national and local number and they can't answer our questions and they'll call back but never do. Is there ANYTHING we can do to get someone who knows something to have a serious conversation with my wife or myself and look at the file and not ignore or pass us off? Any insight you might be able to provide would be fantastic.

Hi,

It sounds like you've already done what I would have suggested, which is to submit a written request for a manual recomputation of your wife's benefit rate. Social Security is supposed to process such requests and send a notice that includes appeal rights if they determine that no increase is due (https://secure.ssa.gov/apps10/poms.nsf/lnx/0300605570). Since you've done that and since Social Security has apparently ignored your requests, the only thing I could suggest is to seek assistance from the offices of either your U.S. Congressional Representative or one of your U.S. Senators. If Social Security receives an inquiry from a Congressperson's office, the case generally gets the attention of an office manager, which often results in expedited handling.

Best, Jerry

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Posted: 
Feb 1 2021 - 11:19am
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