[Federal Register Volume 59, Number 8 (Wednesday, January 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-658]
[[Page Unknown]]
[Federal Register: January 12, 1994]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Social Security Ruling SSR 94-2p; Title XVI: Workers'
Compensation (WC) Payments
AGENCY: Social Security Administration, HHS.
ACTION: Notice of social security ruling.
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SUMMARY: In accordance with 20 CFR 422.406(b)(1), the Commissioner of
Social Security gives notice of Social Security Ruling 94-2p. This
Policy Interpretation Ruling clarifies the Social Security
Administration's (SSA) longstanding policy that, under the supplemental
security income program, any portion of a workers' compensation (WC)
payment designated by the authorizing or paying agency for medical
expenses, or for legal or other expenses attributable to obtaining the
WC award is not income. These expenses may be past, current, or future.
EFFECTIVE DATE: January 12, 1994.
FOR FURTHER INFORMATION CONTACT: Joanne K. Castello, Office of
Regulations, Social Security Administration, 6401 Security Boulevard,
Baltimore, MD 21235, (410) 965-1711.
SUPPLEMENTARY INFORMATION: Although we are not required to do so
pursuant to 5 U.S.C. 552 (a)(1) and (a)(2), we are publishing this
Social Security Ruling in accordance with 20 CFR 422.406(b)(1).
Social Security Rulings make available to the public precedential
decisions relating to the Federal old-age, survivors, disability,
supplemental security income, and black lung benefits programs. Social
Security Rulings may be based on case decisions made at all
administrative levels of adjudication, Federal court decisions,
Commissioner's decisions, opinions of the Office of the General
Counsel, and other policy interpretations of the law and regulations.
Although Social Security Rulings do not have the force and effect
of the law or regulations, they are binding on all components of the
Social Security Administration, in accordance with 20 CFR
422.406(b)(1), and are to be relied upon as precedents in adjudicating
other cases.
If this Social Security Ruling is later superseded, modified, or
rescinded, we will publish a notice in the Federal Register to that
effect.
(Catalog of Federal Domestic Assistance Program No. 93.807
Supplemental Security Income)
Dated: January 3, 1994.
Shirley S. Chater,
Commissioner of Social Security.
Policy Interpretation Ruling
Title XVI: Workers' Compensation (WC) Payments
Purpose: To clarify that, under the supplemental security income
(SSI) program, any portion of a WC payment designated for medical
expenses, or for legal or other expenses attributable to obtaining the
WC award is not income.
Citations (Authority): Section 1612(a)(2)(B) of the Social Security
Act (SSACT), as amended; Regulations No. 16, sections 416.1103(a),
416.1121(a), and 416.1123(b)(3)
Pertinent History: WC is awarded to an injured employee or to the
survivor(s) of an employee under Federal and State WC programs and the
Longshoremen and Harbor Workers' Act. It may be paid by a Federal or
State agency, an insurance company, or an employer. Payments may
include amounts for medical expenses, or for legal or other expenses
attributable to obtaining the WC award. These expenses may be past,
current, or future and may be lump-sum or periodic in nature.
The SSACT at section 1612(a)(2)(B), and regulations at 20 CFR
416.1121(a) provide that WC is unearned income for SSI purposes.
Regulations at 20 CFR 416.1123(b)(3) provide for counting less than the
amount actually received when part of the amount received is for an
expense of obtaining the income. Regulations at 20 CFR 416.1103(a)
provide that reimbursement for certain medical expenses is not income.
Policy Interpretation: If the Federal or State agency, insurance
company, or employer that authorizes or makes a WC payment designates
any portion of it for medical expenses, or for legal or other expenses
attributable to obtaining the WC award, such portion is not income for
SSI purposes. The expenses may be past, current, or future. Any portion
of a WC award or payment not designated for such expenses is unearned
income.
Effective Date: This Ruling merely clarifies longstanding SSI
policy on the treatment of WC payments designated for certain types of
expenses. If a case comes to SSA's attention where SSA did not apply
this policy, SSA will reopen and revise the earliest determination
possible under the rules of administrative finality. SSA will use the
2-year reopening rule, treating the determination as an error on the
face of the evidence.
Cross-Reference: Program Operations Manual System, Part 5,
Chapter 008, Subchapter 30, Section SI 00830.235.
[FR Doc. 94-658 Filed 1-11-94; 8:45 am]
BILLING CODE 4190-29-P
