20 CFR 404.408b - Reduction of retroactive monthly social security benefits where supplemental security income (SSI) payments were received for the same period
| Cite as | 20 CFR 404.408b |
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13 practice notes
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McKenzie v. Heckler, Civ. No. 4-84-182.
...are awarded, they will be reduced ("offset") by the amount of SSI which would not have been paid had the RSDI been paid when due. 20 C.F.R. § 404.408b(b) Plaintiff charges that the Secretary's policy is a violation of the Social Security Act since it deprives claimants of retroactive RSDI b......
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Guadamuz v. Bowen, 86-2857
...net post-offset benefits seems to have been promulgated pursuant to the notice, comment and publication procedures of the APA. See 20 C.F.R. Sec. 404.408b (Preamble to final regulations implementing section 1320a-6); see also 42 Fed.Reg. 4986 (1982) (the initial publication of the regulatio......
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Steigerwald v. Comm'r of Soc. Sec., 21-3023
...regulations do not affect the statutory duty correctly to determine the proper amount of benefits owed to a claimant under § 1383. 20 C.F.R. § 404.408b(d) ("Refiguring is generally required where there is a change in your month of entitlement or the amount of your social security benefits o......
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Guadamuz v. Heckler, C-84-6396 MHP.
...or decision is made." 20 C.F.R. § 404.1703 (emphasis added). The Secretary has elaborated on this definition in the preamble to 20 C.F.R. § 404.408b, the final regulations implementing 42 U.S.C. § As for attorneys' fees, the amount of retroactive benefits that is subject to withholding for ......
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13 cases
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McKenzie v. Heckler, Civ. No. 4-84-182.
...are awarded, they will be reduced ("offset") by the amount of SSI which would not have been paid had the RSDI been paid when due. 20 C.F.R. § 404.408b(b) Plaintiff charges that the Secretary's policy is a violation of the Social Security Act since it deprives claimants of retroactive RSDI b......
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Guadamuz v. Bowen, 86-2857
...net post-offset benefits seems to have been promulgated pursuant to the notice, comment and publication procedures of the APA. See 20 C.F.R. Sec. 404.408b (Preamble to final regulations implementing section 1320a-6); see also 42 Fed.Reg. 4986 (1982) (the initial publication of the regulatio......
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Steigerwald v. Comm'r of Soc. Sec., 21-3023
...regulations do not affect the statutory duty correctly to determine the proper amount of benefits owed to a claimant under § 1383. 20 C.F.R. § 404.408b(d) ("Refiguring is generally required where there is a change in your month of entitlement or the amount of your social security benefits o......
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Guadamuz v. Heckler, C-84-6396 MHP.
...or decision is made." 20 C.F.R. § 404.1703 (emphasis added). The Secretary has elaborated on this definition in the preamble to 20 C.F.R. § 404.408b, the final regulations implementing 42 U.S.C. § As for attorneys' fees, the amount of retroactive benefits that is subject to withholding for ......
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1 books & journal articles
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Following a favorable decision
...is actually an overpayment. Then SSA recoups the SSI overpayment out of the claimant’s past-due Social Security disability benefits. 20 C.F.R. §§404.408b and 416.1123(d)(1). SSA takes its time doing this. The first calculation of SSI back benefits takes a month or two. It takes another coup......