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42 U.S.C. § 420Disability provisions inapplicable if benefit rights impaired

submitted 91 years ago by ch. 531 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 71 words · no verdicts yet

in plain englishAI-generated · not legal advice

The disability rules in this part don't apply if they would deny a benefit. This covers monthly benefits and lump-sum death payments that would otherwise be paid. They also don't apply whenever a benefit or payment would be larger without them.

This section is about the disability-period rules found elsewhere in this part of the Social Security Act. Those disability rules do not apply in a case where using them would cause someone to lose a monthly benefit or a lump-sum death payment that they would otherwise be entitled to receive. The disability rules also do not apply to any monthly benefit or lump-sum death payment if that benefit or payment would end up being a larger amount without the disability rules being applied. In short: whenever applying the disability-period rules would hurt a person's benefit — either by wiping it out or by shrinking it — those rules are simply not used for that benefit.
the actual law source: uscode.house.gov ↗public domain

None of the provisions of this subchapter relating to periods of disability shall apply in any case in which their application would result in the denial of monthly benefits or a lump-sum death payment which would otherwise be payable under this subchapter; nor shall they apply in the case of any monthly benefit or lump-sum death payment under this subchapter if such benefit or payment would be greater without their application.

Source credit: (Aug. 14, 1935, ch. 531, title II, § 220, as added Sept. 1, 1954, ch. 1206, title I, § 106(g), 68 Stat. 1081.)

history & why it existsrecord from the source credit
  • 1935Enacted · Act of Aug. 14, 1935, ch. 531 · 68 Stat. 1081

A history note hasn’t been published yet. The record shows enactment by ch. 531 on 1935-08-14.

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