ARTICLE: WORKERS' COMPENSATION AND PUBLIC DISABILITY BENEFITS OFFSET FROM SOCIAL SECURITY DISABILITY BENEFITS Skip over navigation
LexisNexis® Browse Law Reviews and Treatises
Skip over navigation
Sign in with your lexis.com® ID to access the full text of this article.
-OR-
Order the full text of this article if you do not have a lexis.com® ID.
 
Price: 
US $22.00 (+ tax)
 
 

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

Fall, 2001

29 S.U. L. Rev. 57

Author

TOMMY W. ROGERS * WILLIE L. ROSE **

Excerpt



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 ...
 
 
If you are interested in obtaining a lexis.com® ID and Password, please contact us at 1-(800)-227-4908 or visit us at http://www.lexisnexis.com/.
Search Documents
 
eg., Environmental Insurance Coverage Under the Comprehensive General Liability Policy
 
 
 
 

Lexis® Web - The only search engine that delivers free web content specifically from legal sites validated by LexisNexis® attorney editors and includes tools for faster research and more relevant results.

 
LexisNexis Store
Research Now - Go to lexis.com
Connect the Dots - Free 1 hour webcast
Share. Network. Discover. - Go to LexisNexis Communities