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SSDI Offset Calculated Using 52 Weeks

In a decision likely to save the insurance industry hundreds of cents per year, the Industrial Claim Appeals Office finally has settled the issue of how to calculate the SSDI offset properly. In Keel v. Transportation Technology Services, W. C. No. 4-897-030 (April 1, 2014), the Industrial Claim Appeals Office rejected the claimant’s argument that the social security offset should be calculated by dividing the yearly amount of SSDI benefits by 52.14 (52 1/7)  weeks. Reasoning that both the General Assembly and the Division of Workers’ Compensation consistently have used 52 weeks, rather than 52.14 weeks, when computing wages and offsets, the Industrial Claim Appeals Office affirmed the Administrative Law Judge’s order calculating the SSDI offset based on 52 weeks.

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