# SSR 71-15a: SSR 71-15a: SECTION 224 -- DISABILITY INSURANCE BENEFITS -- REDUCTION OF BENEFITS -- COMPROMISE LUMP-SUM SETTLEMENT OF WORKMEN'S COMPENSATION PAYMENTS

> Federal · Rulings · In force

URL: https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_71_15a

## Section

- **Citation:** SSR 71-15a
- **Heading:** SSR 71-15a: SECTION 224 -- DISABILITY INSURANCE BENEFITS -- REDUCTION OF BENEFITS -- COMPROMISE LUMP-SUM SETTLEMENT OF WORKMEN'S COMPENSATION PAYMENTS
- **Jurisdiction:** Federal
- **Kind:** Rulings
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Social Security Rulings / DI / Worker's Compensation / SSR 71-15a

## Text

20 CFR 404.408

SSR 71-15a

The claimant was injured in an industrial accident in September 1966, and
was paid temporary total workmen's compensation benefits. She became
entitled to disability insurance benefits beginning in June 1967. Her
employer and its insurer questioned the nature and extent of disability
suffered by the claimant as a result of the industrial accident. At a
conference held in May 1968 before a referee of the Division of Workmen's
Compensation, pursuant to the Revised Statutes of Missouri (1959) section
287.380, a lump-sum compromise settlement of her claim under the Missouri
Workmen's Compensation Law was reached. Notified of this settlement in
October 1968, the Social Security Administration informed the claimant
that her disability insurance benefits would be withheld from November
1968 through 1971 since she received a lumpsum workmen's compensation
payment as a substitute for periodic payments. The claimant objected to
this reduction in her benefits.

* * * * * * *

Section 404.408(d) of the Social Security Administration Regulations No.
4 (20 CFR 404.408(d)), prior to amendment in January 1970, provided that
amounts included in the workmen's compensation award which are
specifically identifiable as being for medical, legal, or related expenses
paid or incurred by the individual in connection with his workmen's
compensation claim, or the injury or occupational disease on which it is
based, are excluded in computing the reduction. As amended, the section
provides that such expenses incurred by the individual in connection with
his workmen's compensation claim, or the injury or occupational disease on
which the award or agreement is based, are excluded in computing the
reduction to the extent that they are consonant with State law
r occupational disease on which it is
based, are excluded in computing the reduction. As amended, the section
provides that such expenses incurred by the individual in connection with
his workmen's compensation claim, or the injury or occupational disease on
which the award or agreement is based, are excluded in computing the
reduction to the extent that they are consonant with State law. Such
medical, legal, or related expenses for purposes of exclusion from the
workmen's compensation award or compromise agreement may be established by
the compensation award, compromise agreement, or court order which
specifies or itemizes the amount of such expenses included in the
workmen's compensation award or agreement. In addition, amounts specified
or itemized in the workmen's compensation award or compromise agreement as
reimbursement for anticipated medical expenses are excluded from such
award or agreement in computing the reduction, but anticipated medical
expenses not so specified or itemized may not be excluded. In the event
that a compensation award, agreement, or court order does not specify the
amount of reimbursement included for the aforementioned expenses paid or
incurred, and the individual alleges such expenses were paid or incurred
by him, they may be established by a detailed statement from the
individual's attorney, physician, or the employer's insurance carrier, or
bills, receipts or cancelled checks, or other clear and convincing
evidence indicating the amount of these expenses included in the award or
compromise agreement, or any combination of the foregoing evidence from
which amounts of such expenses are determinable.
ey may be established by a detailed statement from the
individual's attorney, physician, or the employer's insurance carrier, or
bills, receipts or cancelled checks, or other clear and convincing
evidence indicating the amount of these expenses included in the award or
compromise agreement, or any combination of the foregoing evidence from
which amounts of such expenses are determinable.

The record discloses that the claimant was paid temporary total workmen's
compensation of $1,966.50 from December 19, 1966 to October 21, 1967 and
was provided medical aid amounting to $5,181.86. The compromise agreement
provides for the payment of a lump-sum settlement in the amount of $7,350
which, in addition to the amount paid previously, constitutes an aggregate
workmen's compensation payment of $9,316.50. Although the compromise
agreement allows 25% of the lump-sum payment for legal fees pursuant to
Missouri statute, no additional allocation is specified for medical
expenses paid, incurred, or anticipated in connection with the claimant's
workmen's compensation claim or the injury on which it is based.

The claimant contends that reduction under section 224 against her
disability insurance benefits should not be made because the compromise
settlement was not a commutation of, or substitute for periodic
payments.

The Revised Statutes of Missouri (1959) reads, in pertinent part of
section 287.390:
ction with the claimant's
workmen's compensation claim or the injury on which it is based.

The claimant contends that reduction under section 224 against her
disability insurance benefits should not be made because the compromise
settlement was not a commutation of, or substitute for periodic
payments.

The Revised Statutes of Missouri (1959) reads, in pertinent part of
section 287.390:

Specifically, this section of the State statute does not prevent parties
to workmen's compensation claims from making voluntary agreements in
settlement of such claims. However, such agreement of settlement or
compromise of any dispute or claim for compensation becomes valid only
when approved by a referee or a commission in accordance with the rights
of the parties established by the Missouri Workmen's Compensation law. The
appellate court of Missouri has held in Mosier v. St. Joseph Lead
Co. , 205 S.W. 2d 227 (St. Louis Ct. of App., Mo., 1947), that the
above quoted subsection of the Missouri Workmen's Compensation law
contemplates the settlement of the entire workmen's compensation claim and
the discharge of the employer's entire liability resulting from the
industrial accident. In addition, approval of such compromise settlement
by the commission or referee includes a finding that the claim was
compensable. Morgan v. Duncan , 361 Mo. 683, 236 S.W. 2d (1951).
Furthermore, lump-sum compromise settlements approved in accordance with
the Missouri Workmen's Compensation law are binding on the parties and not
subject to review by the courts. General Motors Corp. v. Holler ,
F.2d 297 (8 Cir., 1945).
romise settlement
by the commission or referee includes a finding that the claim was
compensable. Morgan v. Duncan , 361 Mo. 683, 236 S.W. 2d (1951).
Furthermore, lump-sum compromise settlements approved in accordance with
the Missouri Workmen's Compensation law are binding on the parties and not
subject to review by the courts. General Motors Corp. v. Holler ,
F.2d 297 (8 Cir., 1945).

The claimant's contention that reduction under § 224 should not be made
because the compromise settlement was not a commutation of or substitute
for periodic payments, was previously considered by the courts. In Walters v. Flemming , 185 F. Supp. 288 (D.Mass., 1960), the
plaintiff had received weekly workmen's compensation payments until a
lump-sum amount was agreed on between plaintiff and his employer's
insurance company and approved by the Massachusetts Industrial Accident
Board. The court held that this lump sum was not a commutation, but a
substitute for periodic payments to which the plaintiff would otherwise be
entitled, and hence that reduction was proper:

It is apparent that in the instant case the compromise lump-sum payment
was a substitute for periodic payments provided by the Missouri statute to
which the claimant was entitled. Accordingly, the Appeals Council held that reduction from the claimant's disability insurance
benefits is required under section 224 of the Social Security Act until
absorption of the lump sum compromise settlement has been completed, less
the legal expenses incurred by the claimant and specifically identified in
the agreement.

## Nearby sections

- [SSR 70-45c SSR 70-45c: SECTION 224. -- DISABILITY INSURANCE BENEFITS -- REDUCTION UPON RECEIPT OF LUMP-SUM PAYMENT OF WORKMEN'S COMPENSATION BENEFITS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_70_45c.md)
- [SSR 71-15a SSR 71-15a: SECTION 224 -- DISABILITY INSURANCE BENEFITS -- REDUCTION OF BENEFITS -- COMPROMISE LUMP-SUM SETTLEMENT OF WORKMEN'S COMPENSATION PAYMENTS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_71_15a.md)
- [SSR 71-34c SSR 71-34c: SECTION 224(a). -- DISABILITY INSURANCE BENEFITS -- REDUCTION FOR RECEIPT OF WORKMEN'S COMPENSATION -- LONGSHOREMEN'S AND HARBOR WORKER'S COMPENSATION ACT](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_71_34c.md)
- [SSR 71-45c SSR 71-45c: SECTION 224(a) (42 U.S.C.A. 424(a)). -- DISABILITY INSURANCE BENEFITS -- REDUCTION FOR RECEIPT OF WORKMEN'S COMPENSATION -- "REDEMPTION SETTLEMENT" UNDER MICHIGAN STATUTE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_71_45c.md)
- [SSR 72-37c SSR 72-37c: SECTION 224(a) (42 U.S.C. 424(a)). -- DISABILITY INSURANCE BENEFITS -- REDUCTION UPON RECEIPT OF STATE WORKMEN'S COMPENSATION PAYMENTS -- CONSTITUTIONALITY](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_72_37c.md)
- [SSR 72-50 SSR 72-50: SECTION 224 (42 U.S.C. 424) -- DISABILITY INSURANCE BENEFITS -- REDUCTION OF BENEFITS UPON RECEIPT OF WORKMEN'S COMPENSATION PAYMENTS -- DIFFERENT IMPAIRMENTS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_72_50.md)
- [SSR 74-21c SSR 74-21c: SECTION 224(a) (42 U.S.C. 424(a)). -- DISABILITY INSURANCE BENEFITS -- REDUCTION FOR RECEIPT OF STATE WORKMEN'S COMPENSATION PAYMENTS -- "SPECIFIC LOSS" BENEFIT UNDER MICHIGAN STATUTE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_74_21c.md)
- [SSR 76-34c SSR 76-34c: SECTION 224(a) AND (b) (42 U.S.C. 424(a) and (b)) -- DISABILITY -- REDUCTION OF BENEFITS DUE TO RECEIPT OF WORKMEN'S COMPENSATION](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_76_34c.md)
- [SSR 79-20 SSR 79-20: TITLE II: INTERRUPTED WORKERS' COMPENSATION OFFSET](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_79_20.md)
- [SSR 80-14 SSR 80-14: TITLE II: EFFECTIVE DATE OF REDUCTION IN DISABILITY INSURANCE BENEFITS WHEN WORKMEN'S COMPENSATION BENEFITS ARE INCREASED](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_80_14.md)
- [SSR 81-20 SSR 81-20: SECTION 224 (42 U.S.C. 424) DISABILITY INSURANCE BENEFITS -- REDUCTION OF BENEFITS -- LUMP-SUM PAYMENT OF WORKMEN'S COMPENSATION BENEFITS PAID INTO AN IRREVOCABLE TRUST](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_81_20.md)
- [SSR 81-32 SSR 81-32: SECTION 224 (42 U.S.C. 424) DISABILITY INSURANCE BENEFITS -- REDUCTION OF BENEFITS -- ANNUITY AWARDED IN A WORKMEN'S COMPENSATION SETTLEMENT](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_81_32.md)
- [SSR 81-33 SSR 81-33: SECTION 224 (42 U.S.C. 424) DISABILITY -- REDUCTION OF BENEFITS DUE TO RECEIPT OF WORKMEN'S COMPENSATION -- TREATMENT OF CERTAIN LUMP-SUM SETTLEMENTS UNDER IOWA LAW](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_81_33.md)
- [SSR 82-4 SSR 82-4: SECTION 224 (42 U.S.C. 424) DISABILITY -- REDUCTION OF BENEFITS DUE TO RECEIPT OF WORKMEN'S COMPENSATION -- PAYMENTS UNDER THE VOLUNTEER FIREMEN'S BENEFIT LAW OF THE STATE OF NEW YORK](https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_82_4.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_71_15a. Check the current official text before relying on it. Not legal advice.
