The Court of Appeals in the Ninth Circuit ruled that offset does not apply to cases
where the claimant is determined to be entitled to retroactive title II benefits before July 1, 1981 (“determined” as defined by the Court of Appeals equals the date the decision is made that the
person is disabled).
This decision applies at all administrative levels (initial, ALJ, etc.) to claimants
who are determined to be entitled before July 1, 1981 regardless of when the claim is adjudicated, and:
Filed for both title II and title XVI, and
Resided in Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Northern Mariana
Islands, Oregon or Washington at the time of the determination.