Reduction of disability benefits

42 U.S. Code § 424a. Reduction of disability benefits

(a) Conditions for reduction; computationIf for any month prior to the month in which an individual attains retirement age (as defined in section 416(l)(1) of this title)—
(1)
such individual is entitled to benefits under section 423 of this title, and
(2) such individual is entitled for such month to—
(A)
periodic benefits on account of his or her total or partial disability (whether or not permanent) under a workmen’s compensation law or plan of the United States or a State, or
(B)
periodic benefits on account of his or her total or partial disability (whether or not permanent) under any other law or plan of the United States, a State, a political subdivision (as that term is used in section 418(b)(2) of this title), or an instrumentality of two or more States (as that term is used in section 418(g) of this title), other than (i) benefits payable under title 38, (ii) benefits payable under a program of assistance which is based on need, (iii) benefits based on service all or substantially all of which was included under an agreement entered into by a State and the Commissioner of Social Security under section 418 of this title, and (iv) benefits under a law or plan of the United States based on service all or substantially all of which is employment as defined in section 410 of this title,
the total of his benefits under section 423 of this title for such month and of any benefits under section 402 of this title for such month based on his wages and self-employment income shall be reduced (but not below zero) by the amount by which the sum of—
(3)
such total of benefits under sections 423 and 402 of this title for such month, and
(4)
such periodic benefits payable (and actually paid) for such month to such individual under such laws or plans,
exceeds the higher of—
(5)
80 per centum of his “average current earnings”, or
(6)
the total of such individual’s disability insurance benefits under section 423 of this title for such month and of any monthly insurance benefits under section 402 of this title for such month based on his wages and self-employment income, prior to reduction under this section.
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