20 CFR 404.408b - Reduction of retroactive monthly social security benefits where supplemental security income (SSI) payments were received for the same period

Cite as20 CFR 404.408b
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13 practice notes
  • McKenzie v. Heckler, Civ. No. 4-84-182.
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Minnesota
    • 7 Febrero 1985
    ...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......
  • Guadamuz v. Bowen, 86-2857
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 18 Octubre 1988
    ...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......
  • Steigerwald v. Comm'r of Soc. Sec., 21-3023
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • 9 Septiembre 2022
    ...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......
  • Guadamuz v. Heckler, C-84-6396 MHP.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • 23 Octubre 1986
    ...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
  • McKenzie v. Heckler, Civ. No. 4-84-182.
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Minnesota
    • 7 Febrero 1985
    ...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......
  • Guadamuz v. Bowen, 86-2857
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 18 Octubre 1988
    ...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......
  • Steigerwald v. Comm'r of Soc. Sec., 21-3023
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • 9 Septiembre 2022
    ...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......
  • Guadamuz v. Heckler, C-84-6396 MHP.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • 23 Octubre 1986
    ...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 ......
  • Request a trial to view additional results
1 books & journal articles
  • Following a favorable decision
    • United States
    • James Publishing Practical Law Books Social Security Disability Practice. Volume 1-2 Volume 2
    • 4 Mayo 2022
    ...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......

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