Past-due benefits

Past-due benefits means the total amount of payments under title XVI of the Act, the Supplemental Security Income (SSI) program, including any Federally administered State payments, that has accumulated to you and your spouse because of a favorable administrative or judicial determination or decision, up to but not including the month the determination or decision is made. For purposes of calculating fees for representation, we first determine the SSI past-due benefits before any applicable reduction for reimbursement to a State (or political subdivision) for interim assistance reimbursement, and before any applicable reduction under section 1127 of the Act (for receipt of benefits for the same period under title II). We then reduce that figure by the amount of any reduction of title II or title XVI benefits that was required by section 1127. We do this whether the actual offset, as provided under section 1127, reduced the title II or title XVI benefits. Past-due benefits do not include:
(1) Continued benefits paid pursuant to § 416.996 of this part;
(2) Continued benefits paid pursuant to § 416.1336(b) of this part; or
(3) Interim benefits paid pursuant to section 1631(a)(8) of the Act.

Source

20 CFR § 416.1503


Scoping language

As used in this subpart:

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