Reverse Offset applies to periodic and lump sum (LS) awards. Since February 1990, reverse offset has not applied to permanent impairment wage loss or impairment income benefits.
Offset of initial DIB award
Social Security is responsible for imposing offset from the first possible month of offset up to, but not including, the month of adjudication.
NOTE: For this section, the month of adjudication is determined as the date the adjudicator takes action on the “DECI” screen, EF101, or A101.
Offset at age 62
SSA will re-impose offset effective with the month of age 62 attainment. Florida is responsible for the offset from the month of adjudication, up to and including, the month prior to the month of attainment of age 62. Refer to DI 52105.001 for applicable instructions when offset is being re-imposed at age 62.
It is not necessary to develop for the exact date that Florida discontinues the offset. However, Florida law concerning age 62 attainment is different from SSA rules. Take efforts to obtain the amount paid in the month of age 62 attainment as this amount may vary from your expectations. The correct amount of WC to use for offset for the age 62 month is the total amount of WC paid for the full month, which includes the RJ WC paid that month.
Offset at age 65
SSA will impose offset up to but not including the month of age 65 attainment before December 19, 2015. Effective December 19, 2015 or later, WC offset termination extends from age 65 to full retirement age (FRA). See 2015 amendment in DI 52101.005.
NOTE: For SSA purposes, an individual attains their age the day prior to their birthday.
Appeal reverses DIB cessation
Offset does not apply for the retroactive period beginning with the DIB termination month.
New period of DIB established
Offset applies for months prior to the month of adjudication of the new DIB award.
Wage Loss (Permanent Impairment or Temporary Partial) and Impairment Income Benefits
Since February 1990, reverse offset does not apply to permanent impairment wage loss or impairment income benefits.
NOTE: Most LS awards contain close-out language such as, “representing any and all temporary total, temporary partial, permanent impairment, wage loss, or permanent total disability compensation benefits under the Florida Workers' Compensation Act to which the employee might be entitled both now and in the future." This wording does not mean that all of these benefit types are included in the award. The language is meant to close out all possible entitlement based on the same injury.
Request proof of verification to resolve any questions about the type of benefit in an LS award in Florida. See Verification/Proof of Workers’ Compensation/Public Disability Benefit (WC/PDB) in section DI 52145.001.
Permanent Impairment Wage Loss on or after 02/1990
Effective with any adjudicative decision on the individual's receipt of permanent impairment wage loss under section 440.15(3)(B) of Florida law made in or after 02/90:
Reverse offset rules do not apply to wage loss or impairment benefits;
Wage loss benefits are offsettable whether paid as periodic benefits or LS;
Offset will not be removed; and
Consider a possible return to work, as there is work involved by the individual.
NOTE: Offset will not be imposed on any case where the decision not to offset wage loss was made prior to February 1990.
Impairment Income Benefits
Effective with injuries occurring on or after 10/1/94, wage loss was replaced by impairment income benefits. They are subject to offset by SSA. The maximum number of weeks for these benefits is 401. A diary should be prepared for removal of offset when payments end.
Temporary Partial Wage Loss
Temporary partial wage loss under Florida law section 440.15(4) falls under “RJ”.