Copyright (c) 2001 by the Southern University Law Center
Southern University Law Review
ARTICLE: WORKERS' COMPENSATION AND PUBLIC DISABILITY BENEFITS OFFSET FROM SOCIAL SECURITY DISABILITY BENEFITS
29 S.U. L. Rev. 57
TOMMY W. ROGERS * WILLIE L. ROSE **
I. APPLICATION OF THE MANDATORY OFFSET
Social Security disability insurance benefits (DIB) payable under the Social Security Act are subject to reduction when the worker is under age 62 worker and is simultaneously paid worker's compensation (WC) 1
or other public disability benefits (PDB) 2 by mandate of 42 U.S.C. $ S 424a. 3 The statutory offset is applicable when the total benefits payable to the worker and auxiliaries plus WC/PDB exceeds 80% of the worker's average current earnings. 4 Tension between the underlying purpose of the basic social security disability provisions "to prevent public dependency by protecting disabled workers ... so that disabled persons will not be forced into eventual poverty and public assistance" 5 and the subsequent amendments which allows for offsets and reductions 6 has given rise to considerable litigation over the applicability of the offset statute and the implementing interpretive rules.
A. Benefits Subject to Offset
All non-disability benefits, private disability benefits paid by employers not required by federal, State or local law, benefits paid as disability income from individual insurance, Veterans Administration benefits, public needs-based or welfare benefits, benefits based on government employment if all or substantially all of the employment on which the benefit is based was taxable for social security purposes, certain black lung benefits, 7 and Railroad Unemployment Insurance Act disability pensions 8 are exempt from offset. Monthly or lump sum (LS) WC/PDB benefits less excludable expenses are offset.
Exclusion from offset has been denied on the basis of ...
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