---
title: "Work out the Social Security offset for a periodic disability benefit"
url: "https://ailawframework.com/practice/social-security-and-veterans-entitlements/work-out-a-lump-sum-compensation-preclusion-period/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A56-OC20261022-1-US"
practice_area: "Social Security & Veterans' Entitlements"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Work out the Social Security offset for a periodic disability benefit

> 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.…

Canonical page: https://ailawframework.com/practice/social-security-and-veterans-entitlements/work-out-a-lump-sum-compensation-preclusion-period/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Social Security & Veterans' Entitlements](https://ailawframework.com/practice/social-security-and-veterans-entitlements.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 | United States |
| Applies to | [Work out a lump sum compensation preclusion period](https://ailawframework.com/practice/social-security-and-veterans-entitlements/work-out-a-lump-sum-compensation-preclusion-period.md) |

## Checking plan

- What the AI does: 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.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Do not describe this as a period during which the whole payment stops. Average current earnings has three alternatives in the statute. Open them before anyone states a figure.
- Title 38 veterans' benefits are carved out of the public-disability reduction. Do not fold them into the workers' compensation figure.

## Sources

- [42 U.S.C. § 424a (reduction of disability benefits)](https://www.law.cornell.edu/uscode/text/42/424a) (checked 2026-10-22)
- [20 C.F.R. § 404.408 (reduction because of receipt of workers' compensation or another public disability benefit)](https://www.ecfr.gov/current/title-20/chapter-III/part-404/subpart-E/section-404.408) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*