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

> Federal · Rulings · In force

URL: https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_70_57

## Section

- **Citation:** SSR 70-57
- **Heading:** SSR 70-57a: SECTIONS 223(a), 224(a) and 224(g). -- DISABILITY INSURANCE BENEFITS -- RECEIPT OF BENEFITS UNDER THE JONES ACT (INJURIES TO SEAMEN)
- **Jurisdiction:** Federal
- **Kind:** Rulings
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Social Security Rulings / DI / Disability, Period of Disability / SSR 70-57

## Text

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.

## Nearby sections

- [SSR 13-3p SSR 13-3p: Title II : Appeal of an Initial Medical Disability Cessation Determination or Decision](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_13_3p.md)
- [SSR 65-12 SSR 65-12: SECTIONS 216(i), 217(a) and (e), and 223. -- DISABILITY -- INSURED STATUS -- USE OF MILITARY SERVICE WAGE CREDITS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_65_12.md)
- [SSR 68-64 SSR 68-64c: SECTIONS 216(i)(2)(E) and 223(b). -- DISABILITY -- INSURED STATUS TERMINATED PRIOR TO APPLICATION -- BREAK IN CONTINUITY OF DISABILITY](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_68_64.md)
- [SSR 68-76a SSR 68-76a: Rescinded 1975](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_68_76a.md)
- [SSR 69-6a SSR 69-6a: Rescinded 1981](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_69_6a.md)
- [SSR 69-30 SSR 69-30: SUBSECTION 223(c)(1)(B) -- DISABILITY INSURED STATUS -- SPECIAL AGE 21 TO 31 PROVISION -- APPLICATION REQUIREMENTS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_69_30.md)
- [SSR 69-38c SSR 69-38c: SECTIONS 216(i) AND 223 AS AMENDED IN 1967. -- MEDICAL EVIDENCE MUST ESTABLISH DISABILITY AT TIME SPECIAL INSURED STATUS REQUIREMENTS ARE MET -- FAIR HEARING -- RIGHT TO REPRESENTATION BY ATTORNEY](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_69_38c.md)
- [SSR 69-46 SSR 69-46: SECTIONS 216(i) and 222(c). -- DISABILITY -- CHARGING TRIAL WORK MONTHS -- ACTIVITY THAT DOES NOT CONSTITUTE "SERVICES"](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_69_46.md)
- [SSR 70-57 SSR 70-57a: SECTIONS 223(a), 224(a) and 224(g). -- DISABILITY INSURANCE BENEFITS -- RECEIPT OF BENEFITS UNDER THE JONES ACT (INJURIES TO SEAMEN)](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_70_57.md)
- [SSR 72-63 SSR 72-63c: SECTION 223(b) (42 U.S.C. 423(b)). -- DISABILITY INSURANCE BENEFITS -- APPLICATION REQUIREMENT -- LIMITATION ON RETROACTIVITY](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_72_63.md)
- [SSR 73-48 SSR 73-48: Rescinded 1984](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_73_48.md)
- [SSR 73-60c SSR 73-60c: Rescinded 1981](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_73_60c.md)
- [SSR 74-4 SSR 74-4: Rescinded 1984](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_74_4.md)
- [SSR 74-6c SSR 74-6c: SECTIONS 216(i) and 223 (42 U.S.C. 416(i) and 423) -- DISABILITY -- ISSUES DETERMINABLE BY SECRETARY IN SINGLE HEARING -- CESSATION OF DISABILITY](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_74_6c.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_70_57. Check the current official text before relying on it. Not legal advice.
