Social Security - Munsinger v. Schweiker: An Upsetting Of Offsetting
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Authors
Headley, Charles J.
Issue Date
1984
Volume
17
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|Since as early as 1908, state governments have provided worker's compensation to workers injured on the job. In 1956, a federal program of Social Security Disability payments was also made available to disabled workers. The existence of two potential sources of disability payments resulted in some claimants being able to collect under both the federal and state programs with a resulting duplication of benefits. This duplication of benefits was criticized because some claimants received more disability income than prior working income. In response to this criticism, Congress established under the Social Security program, an offsetting provision reducing federal disability payments when the injured worker also received state worker's compensation. This offsetting provision applied unless the state worker's compensation payment was in the form of a lump sum payment not paid as "a commutation of, or substitute for, periodic payments...." Since Congress established this offsetting provision, there have been many cases in which claimants have argued that they were exempt from the offsetting provision because they had received a lump sum payment...
Description
Citation
17 Creighton L. Rev. 1569 (1983-1984)
Publisher
Creighton University School of Law