POMS Reference

GN 02610: Title II/Title XVI (Windfall) Offset

TN 23 (05-13)

A. Policy for applying title II offset to concurrent awards

For claims processed 09/08/95 or later, windfall offset applies to the retroactive title II benefits first even if we paid the title II current monthly accrual (CMA) before the title XVI benefits. Paying the title XVI first will ensure that we protect a claimant’s Medicaid eligibility for months in the retroactive period of benefits. If the claimant insists payment of retroactive title II benefits immediately, and understands the potentially adverse effect on Medicaid eligibility, obtain a withdrawal of the title XVI application. For policy and procedures for withdrawal of a title XVI application, see SI 00601.050.

B. Field Office (FO) procedures for processing title II offset in concurrent awards

Apply title II windfall offset first in all concurrent awards.

NOTE: The system will control the release of title II retroactive benefits until after payment of the title XVI benefits.

  • Complete the non-medical development of the title XVI claim as quickly as possible to avoid undue delay in paying any retroactive title II benefits remaining after offset. For information about adjudicating title XVI awards in title II offset cases, see SI 02006.005B.

  • For information about how to process windfall offset diaries, if the FO determines the individual is not eligible for title XVI benefits because we denied the title XVI claim, see SM 01320.010. For specific information about the 8W and 9W diaries, see SM 00815.600 and SM 01320.016, respectively.

  • When the action to pay the retroactive title II benefits is complete, the supplemental security record (SSR) will post the retroactive title II benefits as type W unearned income.

C. Title II retroactive benefits released without applying offset

For processing instructions for cases where we released the title II retroactive benefits before applying offset, see GN 02610.050E.