SSR 70-57a: SECTIONS 223(a), 224(a) and 224(g). -- DISABILITY INSURANCE BENEFITS -- RECEIPT OF BENEFITS UNDER THE JONES ACT (INJURIES TO SEAMEN)

20 CFR 404.408(a)

SSR 70-57a

R, age 42, filed application for disability insurance benefits on May 28,

1968, alleging that he became unable to work because of an injury received

on December 1, 1967, and that he was receiving workmen's compensation

payments of $42 a week. R was found entitled to disability insurance

benefits, and his wife and two minor children entitled to monthly

benefits.

Conflicting allegations as to the nature of R's employment at the time of

his injury were submitted with his application. Initially he stated that

he was a crewman and roustabout (deckhand, longshoreman) working on an oil

rig when injured. His attorney maintained that the payments to R were not

workmen's compensation payments since he was employed as a seaman and

captain of a tugboat at the time of the accident. R's employer

corroborated the fact that the $42 weekly payments were not made under a

State workmen's compensation law or under the Longshoremen's and Harbor

Worker's Act but were paid pursuant to the provisions of the Jones Act

pending a later settlement.

The issue thus presented is whether the disability insurance benefits

payable to the claimant, and the benefits of his wife and children, are

subject to reduction pursuant to section 224 of the Social Security Act by

reason of the amounts received under the Jones Act (46 U.S.C.A. 688).

Section 224 of the Social Security Act provides, in pertinent part, as

follows:

* * * * * * *

Clearly disability insurance benefits under section 223 of the Act are

subject to reduction only if the individual is entitled to periodic

benefits under a workmen's compensation law or plan of the United States

or State.

The Longshoreman's and Harbor Worker's Compensation Act (33 U.S.C.A. 903)

provides, pertinent part, as follows:

However, the Jones Act relating to injured seamen (46 U.S.C. 688, Chapter

18] provides, in pertinent part:

223 of the Act are

subject to reduction only if the individual is entitled to periodic

benefits under a workmen's compensation law or plan of the United States

or State.

The Longshoreman's and Harbor Worker's Compensation Act (33 U.S.C.A. 903)

provides, pertinent part, as follows:

However, the Jones Act relating to injured seamen (46 U.S.C. 688, Chapter

18] provides, in pertinent part:

Since R is excluded from workmen's compensation payments under the

Longshoremen's and Harbor Worker's compensation Act because he was a

member of the crew, he had recourse to file for damages under the Jones

Act which is not a workmen's compensation law or plan of the United States

or of a State, but is a statue permitting judicial action for payments on

account of a work-related injury. Pending such action by R, the employer's

insurance carrier paid him $42 weekly.

Accordingly, the Appeals Council held, that the disability

insurance benefits of R, and the benefits payable to his wife and

children, are not subject to reduction under section 224 of the Social

Security Act on Account of the payments he received under the Jones

Act.