GN 02610: Title II/Title XVI (Windfall) Offset
TN 22 (04-12)
A. When windfall offset applies
The beneficiary is entitled to both title II and title XVI benefits for the same month;
title II benefits are due retroactively;
title XVI benefits would be less if the title II had been paid when due; title II claim is adjudicated after 06/30/81.
For cases affected by Dion and Fagner rulings, see GN 02610.061. For information about complex windfall offset situations with case examples, see GN 02610.050. For information about negative cases, see SI 02006.201.
NOTE: Windfall offset does not apply to the lump sum death payment.
B. Specific windfall offset situations
If the event is |
then... |
---|---|
an initial claim |
apply offset if the case meets the conditions in GN 02610.016A. |
a subsequent award |
apply offset if additional title II benefits become due because of an application for:
|
a reinstatement |
NOTE: Beginning 07/85, every reinstatement following a disability related suspension or termination is a potential offset case. Title II offset does not apply to reinstatement from LAF S6 (address) or S8 (payee). In these cases, title XVI offset will automatically apply because the Supplemental Security Income (SSI) system will continue to post the title II income in the suspended months. |
a reentitlement (effective 12/95 or later) |
apply offset if there is a new period of entitlement or a new type of entitlement other than a resumption of benefits, e.g., a child beneficiary being reentitled as a student. |
a conversion |
apply offset if a conversion is beneficiary identification code (BIC) B to D and is part of the original award. NOTE: Offset does not apply if retroactive retirement, survivor, disability (RSDI) benefits are from an automatic conversion processed after an initial award is adjudicated even if the conversion event occurs during the offset period. Benefit conversions requiring an application are subject to offset. The SSA-25 Certificate of Election for Reduced Spouse’s Benefits is not an application. |
a title II |
NOTE: If the title II DOE does not change, no recomputation is required when the title II MBA increases or stays the same. For additional information about processing recomputations of title II offset, see GN 02610.050B. |