# 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

> Federal · Rulings · In force

URL: https://www.frixlaw.com/law-library/statutes/SSA_SSR_DI_SSR_72_50

## Section

- **Citation:** SSR 72-50
- **Heading:** 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
- **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 72-50

## Text

20 CFR 404.408

SSR 72-50

Section 224 of the Social Security Act (42 U.S.C. 424) provides that a
claimant's disability insurance benefit must be reduced in accordance with
the formula set out therein, if he receives periodic workmen's
compensation payments or a lump-sum payment as a substitute for periodic
payments.

In December 1967 an insured individual, R, suffers a knee injury in the
course of his employment. As the result thereof he became entitled to
periodic workmen's compensation payments under State law. After a brief
recovery period R returned to work on a full time basis. His right to the
State payment was unaffected by his employment and, in fact, he continued
to be in receipt of such payments. In June, 1969,, a heart attack forced R
to cease working. Payments for the prior injury continued at the same
rate, with no increase resulting from the heart impairment.

Pursuant to an application for disability insurance benefits, the Social
Security Administration determined that R became disabled within the
meaning of sections 216(i) and 223 of the Social Security Act in June 1969
solely on the basis of his heart disorder, and that he was not disabled,
for social security purposes, prior to that date.

The question raised is whether the reduction of disability insurance
benefits required by section 224 of the Act applies only where the
individual's disability insurance benefits and his workmen's compensation
payments are based on the same injury or whether such reduction also
applies where a disability insurance beneficiary simultaneously receives
workmen's compensation payments which are based on a different
impairment.
uction of disability insurance
benefits required by section 224 of the Act applies only where the
individual's disability insurance benefits and his workmen's compensation
payments are based on the same injury or whether such reduction also
applies where a disability insurance beneficiary simultaneously receives
workmen's compensation payments which are based on a different
impairment.

From the language of the statutory provision, it will be noted that
section 224 simply requires a reduction in title II benefits based on
disability or account of ". . . periodic benefits for a total or partial
disability (whether or not permanent) . . . payable (and actually paid) to
. . . [a title II disability beneficiary] under . . . [a] workmen's
compensation law or plan . . ."

Nothing in the section directs that the workmen's compensation award and
the finding of disability under title II must be based upon the same
impairment for offset to be required. Rather, it seems the Congressional
interest in enacting section 224 was in seeing that disabled workers did
not receive combined title II and workmen's compensation benefits (tax
free) in excess of the amount earned prior to becoming disabled. Cf.,
S.Rep. No. 404, 89th Cong., 1st Sess. 13, 100, 260; Lofty v. Richardson , 440 F.2d 1144 (6th Cir., 1971); cert. denied ,
404 U.S. 985 (1971). This is evidenced by paragraph 224(a)(5) of the Act
which authorizes offset only insofar as the total of title II benefits
based on disability and workmen's compensation benefits "* * * exceeds
that higher of * * * 80 per centum of * * * average earnings' * * *." From
this language it does not appear that Congress intended that the section
224 offset would apply only in instances where the title II disability
benefit and workmen's compensation benefit resulted from the same
impairment.
of title II benefits
based on disability and workmen's compensation benefits "* * * exceeds
that higher of * * * 80 per centum of * * * average earnings' * * *." From
this language it does not appear that Congress intended that the section
224 offset would apply only in instances where the title II disability
benefit and workmen's compensation benefit resulted from the same
impairment.

Furthermore, there exist basic differences between the respective
programs. Generally speaking workmen's compensation is payable for partial
or total incapacity resulting from an injury arising out of and in the
course of employment. E.g., G. L. Mass., Ch. 152, secs 26, 34, 34A, 35.
However, title II disability benefits may be paid whenever an insured
individual, who otherwise qualifies therefor, is unable to engage in
substantial gainful activity by reason of any medically determinable
physical or mental impairment or combination of impairments which can be
expected to result in death or which has lasted or can be expected to last
for a continuous period of not less than 12 months. 42 U.S.C.
423(d)(1)(A); 20 CFR 404.1501(a)(1)(i). The title II program does not
require that the impairment causing the incapacity be incurred in the
course of employment. Consequently, in any particular situation, depending
on the facts involved, the work-related injury may be: (1) the sole basis
for a finding of disability under title II, (2) one of several conditions
which when taken in combination may have resulted in such a finding, or
tle II program does not
require that the impairment causing the incapacity be incurred in the
course of employment. Consequently, in any particular situation, depending
on the facts involved, the work-related injury may be: (1) the sole basis
for a finding of disability under title II, (2) one of several conditions
which when taken in combination may have resulted in such a finding, or
(3) (as here) have had no bearing on the title II determination. It is
unlikely that Congress would have intended to distinguish between the
various situations for section 224 purposes without including language in
section 224 specifically pinpointing these distinctions.

Accordingly, it is held that the section 224 reduction provision
is applicable where the claimant was receiving periodic workmen's
compensation payments while entitled to title II disability insurance
benefits, even though the former were based upon a impairment different
from the latter.

## 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_72_50. Check the current official text before relying on it. Not legal advice.
