Work out the Social Security offset for a periodic disability benefit
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List the monthly disability-insurance amount, any monthly benefit paid on the same record, and the periodic workers' compensation or other public disability benefit the lawyer says is being paid. Do not calculate the offset.
- What the lawyer must review
- 42 U.S.C. § 424a reduces disability insurance benefits under § 423, and monthly benefits under § 402 on the same earnings record, when the person is also entitled to periodic workers' compensation or another public disability benefit described in that section. The reduction is the amount by which the combined benefits exceed the higher of 80 percent of average current earnings or the title II total before this reduction. A lump sum is excluded except so far as it is a commutation of, or a substitute for, periodic payments. The reduction is not made if the other law provided, on 18 February 1981, for its own reduction when title II is payable. 20 C.F.R. § 404.408 is the regulation. It also says a Veterans Administration benefit is not a public disability benefit for the second reduction path. This is an offset. It is not a preclusion period.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes assembling provisional schedules. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Trace every relied-on figure to its source, confirm dates and assumptions, and independently recalculate totals or derived amounts.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.