42 U.S.C. § 420 — Disability 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
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.
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.)
- 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.
all 0 arguments · sorted by: best
no arguments yet — make the first case