TN 1 (12-15)
DI 52101.005 Social Security Amendments with Workers’ Compensation/Public Disability Benefit (WC/PDB) Offset Provisions
This chart shows the Social Security Amendments that contain pertinent WC/PDB offset provisions. The disability onset date and month of entitlement may determine which offset provisions apply. A change in onset date may affect which amendment provisions apply.
Social Security Amendment
Significant WC/PDB Change(s)
Introduced the WC offset provision.
for months prior to the month the worker attained age 62; and
for months after the month SSA was notified (the notice provision) of the worker's entitlement to WC.
Offset is not applied if the State WC law or plan provides for a reduction in the WC because of the receipt of Social Security DIB (known as reverse offset).
Offset is effective when the following conditions are met:
Allowed the use of earnings over the statutory limit of FICA coverage in the computation of the average current earnings (ACE). Effective for benefits payable beginning 02/1968.
Introduced the “High-1” ACE effective for benefits payable beginning 01/1973.
Significantly changed offset provisions.
Offset is applied:
to Federal, State, and local PDBs in addition to WC. PDBs based on specific amounts of covered service were excluded;
up to age 65 attainment; and
to any month a worker is concurrently entitled to DIB and WC/PDB regardless of when SSA received notification of such entitlement (eliminating the notice provision).
Offset applies if all of the following conditions are met:
DIB MOET is 09/1981, or later; and
DIB onset is 03/01/1981, or later.
Reverse offset does not apply if the reverse offset plan was not in effect on 02/18/1981.
Changed the exclusion test for a Federal PDB if the DIB onset is 05/01/1986 or later.
The Achieving a Better Life Experience (ABLE) Act was enacted on 12/19/2014. A provision in the ABLE Act affects WC/PDB offset by changing the age at which WC/PDB offset ends for DIB beneficiaries, from age 65 to full retirement age (FRA), effective 12/19/2015. This provision applies to any individual whose DIB benefit is currently offset for WC/PDB and who attains age 65 on 12/19/15, or later (DIB beneficiaries with a DOB of 12/20/1950, or later).