The Court of Appeals in the Third Circuit ruled on May 17, 1990, that, in concurrent
title II/title XVI allowances, eligibility for title XVI benefits must be adjudicated
before the retroactive title II benefits are paid. SSA published an AR on January
10, 1992, stating that SSA will apply title II offset in concurrent cases in the Third
Circuit. The effect of the court's decision is to ensure that Medicaid for the retroactive
period of title XVI eligibility is not denied solely because of title XVI offset.