TN 16 (09-95)

GN 02610.052 How To Process Title II Offset Cases When An Attorney Fee Is Involved - Determinations Made Before July 1, 1991

A. Policy

Title II benefits withheld toward payment of an attorney fee are always based on title II benefits payable; that is, benefits payable after offset. (See GN 03920.030 for discussion of attorney fees. See GN 02610.053 for processing cases when the determination is made on or after July 1, 1991.)

There are two different procedures:

Case A — When the attorney fee (AF) withholding period equals or exceeds the offset period. See GN 03920.030 for AF period.

Case B — When the AF period is less than the offset period.

B. Procedure

Follow the applicable table below:

1. Case A

For Case A the PC will:

 

STEPACTION
1Deduct the title II offset from the retroactive title II benefits in the offset period.
2Multiply the result of Step 1 by 25 percent.
 RESULT: This is the amount to withhold toward the AF.

2. Case B

For Case B the PC will:

 

STEPACTION
1Determine the title II benefits due in the AF period only (title II MOE up through the month before the month of adjudication of the title II claim).
2Compute the title II offset amount for the AF period by adding all WSO and WFO amounts from WCMP segment of SSI2, starting with the offset start date (WSD) and ending with the last month of the AF withholding period plus 3 months.
 If the last 2 months of the offset period reflect zero offset in WCMP segment of SSI2, use all title II offset amounts from the WSD through the last month of the AF period plus one month in this step.
3Subtract results of Step 2 from Step 1.
 RESULT: Title II payable in AF period.
4Multiply results of Step 3 by 25 percent.
 RESULT: Amount to withhold towards AF.
 If the case requires a manual offset computation, advise the FO that an attorney is involved and the FO will provide the offset amount for the AF period with the offset computation.

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0202610052
GN 02610.052 - How To Process Title II Offset Cases When An Attorney Fee Is Involved - Determinations Made Before July 1, 1991 - 07/12/2012
Batch run: 07/12/2012
Rev:07/12/2012