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How is disability "time" calculated......

Discussion in 'Medical Leave & Disability' started by ibjorsvik, Jun 16, 2016.

  1. ibjorsvik

    ibjorsvik Law Topic Starter Guest

    Jurisdiction:
    Florida
    I have a question about disability, specifically how it is calculated. I realize that you have to meet the basic requirements (working 5 of the last 10 years), get accepted as having a disability (which the SSDI have done), but I do not fully understand the formula for this. I understand that you have to get the average salary (add up the salary and divide by the number of years but this is where I have the issue) and place that in computation formula

    Basic formula:

    (a) 90 percent of the first $826 of his/her average indexed monthly earnings, plus

    (b) 32 percent of the average indexed monthly earnings over $826 and through $4,980, plus

    (c) 15 percent of his/her average indexed monthly earnings over $4,980.


    My issue with the number of years that is used for the calculation. Is it number of years I worked (I did not work any in 2007-2010) because of my disability, the day I had my first job (when I was 15 but I do not have a “real” job until I was 25), does the years I went to college count in this time. All fake wages but for example purposes;


    2015 = $100,000

    2014 = $100,000

    2013 = $100,000

    2012 = $100,000

    2011 = $100,000

    2010 = $0 – hospital and surgery

    2009 = $0 – hospital and surgery

    2008 = $0 – hospital and surgery

    2007 = $0 – hospital and surgery

    2006 = $20,000

    2005 = $20,000

    2004 = $0 - university

    2003 = $0 - university

    2002 = $0 - university

    2001 = $20,000

    2000 = $13,000

    1999 = $3,000

    1998 = $4,000


    So, the averages are as follows:

    A) Full average : $32,333 (add all years and divide by 18)

    B) Last 10 year average: $52,000 (added the last 10 years and divided by 10 years)

    C) Working average: 47,272 (added up the years where I made income and divided by those 11 years)

    Which way is the correct way for federal disability?
     
  2. army judge

    army judge Super Moderator

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    Have you asked the agency or entity that did the original calculation to explain it to you?

    That's where I'd start, mate, right at the horse's mouthPIECE, not her/his elimination orifice.
     

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