Ask Larry

Is There Anything I Can Do To Expedite My Reconsideration?

I am writing about what, if anything, I can or should do regarding my pending Requests for Reconsideration (Form SSA-51-U2) filed with Social Security about why I have not been receiving the maximum monthly benefit. I have filed Requests for 2021, 2022, and 2023.

I believe that I should be receiving the maximum monthly benefit because (1) I deferred collecting Social Security until I reached 70 and (2) my earnings exceed Social Security's maximum taxable income for more than 35 years. For example, in 2023, I am receiving $ 4441.90 rather than the maximum of $ 4555.

I have spoken with a Social Security representative by phone on its 800 number and she agrees with me that I should be receiving the maximum monthly benefit. However, she advises that I must await a written response from the Social Security processing center. I have sent follow up letters and have not received any response. I have also made followup phone calls to the Social Security 800 number.

During the last call (on February 22, 2023), I was told that the Social Security processing center is reviewing the numbers; that messages were sent to the center in November and December (presumably in response to my correspondence and phone calls); and that nothing could be done until the processing center had completed and published its review.

I have been repeatedly told by Social Security's representatives at the 800 number that I cannot communicate directly with the processing center.

Is there anything that I can do to have Social Security address the substance of my request for the maximum monthly benefit?

Hi. Probably not. It's true that you can't contact the processing center directly, and it's true that the processing center has jurisdiction for making the reconsideration determination. The processing centers work cases essentially in the order that they are received, and there's almost always a substantial backlog.

The only thing that I could suggest trying is to contact the offices of your U.S. congressional representative or one of your U.S. senators. Inquiries received by Social Security from members of congress on behalf of their constituents can sometimes speed up the processing of their case.

By the way, I don't know about the specific merits of your appeal, but there is no single "maximum Social Security benefit amount". The maximum possible benefit rate that a person could receive at any given time depends on their year of birth. Social Security retirement benefits are based on an average of a person's highest 35 years of Social Security covered wage-indexed earnings, and the factors used to index earnings are different for each year of birth. So, in other words, if 2 people had the exact same earnings histories but if they were born in different years, their indexed earnings and their highest potential benefit rate would be different.

Furthermore, people who continue working and paying into Social Security can potentially keep increasing their Social Security retirement benefit rate indefinitely. Retirement benefits can be recalculated after any year in which a person earns more than they did in one of their previous highest 35 years of indexed earnings. Therefore, the maximum possible benefit rate for each year of birth changes every year even before considering cost of living (COLA) increases.

Our software (https://maximizemysocialsecurity.com/purchase) includes a benefit calculator you can use to accurately calculate your benefit rate based on your year of birth and any projected future earnings that you expect.
The software also allows you to compare various filing strategies so that you can determine the best strategy for maximizing your benefits.

Best, Jerry

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Posted: 
Mar 2 2023 - 5:50pm
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