Work Comp SSDI Offset-Hartman formula

[kong]

Hello all, hope some one can provide info on worker comp post settlement SSDI.
After 26 years, I settled my WC case ( California C&R 8I)last year (2010) and supplied all my settlement info to my local SS office (I am on SSDI). It's now been over a year and still no response or adjustment of my SSDI.
Does anyone know how long it takes for Social Security to make a decision in this regard ?

[jayne]

there may be no adjustment....did you get a large settlement? if you got a small or no settlement at all there may be no adjustment at all... call them and ask

[kong]

there may be no adjustment....did you get a large settlement?

Not really a lot these days, came to about $800 a month(lump sum spread over lifetime+a monthly annuity). The terms were all spelled out in the settlement, that SS could consider the lump sum as being paid out over my life expectancy, and there was a specific figure/amount stated in the settlement. I get $400 ssdi and it should be adjusted to about $800 if SS ever recalculates this new offset from my work comp settlement.

if you got a small or no settlement at all there may be no adjustment at all...
call them and ask

Well I did phone call, my local SS rep said there would be no change, I asked to appeal he said I couldn't (well first he said I could appeal to the President for all he cared) and that I just wanted more money. I told him I only want what I am owed. I insisted to appeal to someone else and he agreed to send me a Reconsideration Form. I now go through the Baltimore SS office as I cannot trust the one here.
Anyhow, I filled out the Reconsideration form he did send me, part of it I stated :

"I disagree with (local)SSA way of calculating my SSDI benefits, post workers compensation settlement (Long shore & Harbor workers Act ) offset ( POMS instruction DI 52150.065: The requirement to consider all three proration methods in a LE case represents a change of position (COP). Implementation of the change is effective 06/29/2006.)

Treating my lump sum ONLY as if my temporary checks have continued is NOT the only way of calculating my benefits. I believe POMS DI 52150.065a applies in my case."

A few months later I got a letter from SS Baltimore saying my Reconsideration has been dismissed because an initial determination hasn't been made. Well I thought when my local rep said NO that was an initial determination lol :/

Anyhow it's been about a year since this all started and I'm not sure what is going on or how long it will take to resolve. Just wandered if anyone else that has gone through this could provide some feedback.
Sorry for going on and on, this is just a pain in the but.
Thank you for your help

[jayne]

well other than that I dont know except to ask a congressman for help....but nowdays they arent much help

[kong]

Being a veteran I know what it means to hurry up and wait. I would complain to SS but I feel that would be futile. In my letter to Social Security Baltimore I asked why it was taking so long and that I would (again) provide any documents I have that they may need. And all I got was that Reconsideration Dismissed letter
I think they took all the mean IRS reps and reassigned them to the Social Security Administration
Anyways ty for the response.