42 U.S.C. § 424
Repealed. Pub. L. 85–840, title II, § 206, Aug. 28, 1958, 72 Stat. 1025
[repealed]
Notes of Decisions
Cited in 26
cases, 1960–2020 · leading case: Schuff v. A.T. Klemens & Son, 2000 MT 357 (Mont. 2000).
Schuff v. A.T. Klemens & Son, 2000 MT 357 (Mont. 2000). “¶ 112 Therefore, we next turn to § 27-1-307, MCA, which provides the definitions for § 27-1-308, MCA, to determine whether the payment of Social Security survivor benefits has been identified by the Legislature as a collateral source that must be deducted from a plaintiff's…”
Hunt v. Stratton, 677 So. 2d 64 (Fla. 1st DCA 1996). “15(9)(a) and 42 U.S.C. § 424 (a) both support his position, and that those provisions mandated in this case that the employer/carrier's offset be no more than the total of his social security disability benefits.”
Bomely v. Mid-Am. Corp., 970 S.W.2d 929 (Tenn. 1998). “See 42 U.S.C. § 424 (a). As our opinions in the present case and in Love demonstrate, we do not agree with the Panel's holding in Love , but we do recognize that our resolution of these cases will result in the Second Injury Fund paying larger monetary awards.”
Allan v. Dep't of Labor & Indus., 832 P.2d 489 (Wash. Ct. App. 1992). “42 U.S.C. § 424 (a). For our purposes "average current earnings" were calculated using the calendar year in which she received the highest wages or ehgible income within a 5-year period prior to the year of disabihty.”
Lofton v. Louisiana Pac. Corp., 423 So. 2d 1255 (La. Ct. App. 1982). “42 U.S.C. § 424 (a) (1976). The Louisiana Legislature apparently decided that if any entity was to have decreased liability as a result of benefit coordination, it should be the state or, as the case may be, the state employer or its carrier.”
Leighton v. Off. of Pers. Mgmt., 529 F.3d 1071 (Fed. Cir. 2008). “Under 42 U.S.C. § 424 (a), however, these SSA payments were required to be offset by the OWCP schedule award, and were thus reduced to $175.”
Necaise v. AC Co. of South Louisiana, Inc., 499 So. 2d 1074 (La. Ct. App. 1986). “42 U.S.C. § 424 (a) (1976). The Louisiana Legislature apparently decided that if any entity was to have decreased liability as a result of benefit coordination, it should be the state or, as the case may be, the state employer or its carrier.”
Donna Olson, for the Est. of Gordon E. Olson, Deceased v. Kenneth S. Apfel, Comm'r of Soc. Sec., 170 F.3d 820 (8th Cir. 1999). “42 U.S.C. § 424 (a)(2)(B) (1956), 70 Stat.”
Guillory v. Stone & Webster Eng'g Corp., 545 So. 2d 605 (La. Ct. App. 1989). “42 U.S.C. § 424 (a) (1976). The Louisiana Legislature apparently decided that if any entity was to have decreased liability as a result of benefit coordination, it should be the state or, as the case may be, the state employer or its carrier.”
Frank Bryan, Inc. v. Workers' Comp. Appeal Bd., 921 A.2d 546 (Pa. Commw. Ct. 2007). “Employer contends that under Section 224 of the Social Security Act, 42 U.S.C. § 424 (a), the federal government would offset social security old age benefits if the sum of the social security benefit plus any disability insurance benefit exceeded 80% of the recipient’s average…”
Wilson v. Apfel, 81 F. Supp. 2d 649 (W.D. Va. 2000). “Although Wilson did not have outstanding rehabilitation bills, the regulations elaborating upon 42 U.S.C.A. § 424 (a) contemplate that “a reasonable estimate, giv *654 en the circumstances in the individual’s case, of future expenses” for “medical, legal, or related expenses”…”
Knapczyk v. Ribicoff, 201 F. Supp. 283 (N.D. Ill. 1962). “In arriving at this conclusion defendant was relying on 42 U.S.C.A. § 424 which provided for either an offset or total withholding of benefits if “it is determined that a periodic benefit is payable for such month to such individual under a workmen’s compensation law or plan of…”
— 42 U.S.C. § 424(a) — 1 case
Schuff v. A.T. Klemens & Son, 2000 MT 357 (Mont. 2000). “¶ 112 Therefore, we next turn to § 27-1-307, MCA, which provides the definitions for § 27-1-308, MCA, to determine whether the payment of Social Security survivor benefits has been identified by the Legislature as a collateral source that must be deducted from a plaintiff's…”
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