US Code

Public Law 119-73 (01/23/2026)

42 U.S.C. § 1320a–6

Adjustments in SSI benefits on account of retroactive benefits under subchapter II

(a)

Reduction in benefits

Notwithstanding any other provision of this chapter, in any case where an individual—
(1)
is entitled to benefits under subchapter II that were not paid in the months in which they were regularly due; and
(2)
is an individual or eligible spouse eligible for supplemental security income benefits for one or more months in which the benefits referred to in clause (1) were regularly due,
section 406 of this titlethen any benefits under subchapter II that were regularly due in such month or months, or supplemental security income benefits for such month or months, which are due but have not been paid to such individual or eligible spouse shall be reduced by an amount equal to so much of the supplemental security income benefits, whether or not paid retroactively, as would not have been paid or would not be paid with respect to such individual or spouse if he had received such benefits under subchapter II in the month or months in which they were regularly due. A benefit under subchapter II shall not be reduced pursuant to the preceding sentence to the extent that any amount of such benefit would not otherwise be available for payment in full of the maximum fee which may be recovered from such benefit by an attorney pursuant to subsection (a)(4) or (b) of .
(b)

“Supplemental security income benefits” defined

section 1382e(a) of this titlesection 212(b) of Public Law 93–66For purposes of this section, the term “supplemental security income benefits” means benefits paid or payable by the Commissioner of Social Security under subchapter XVI, including State supplementary payments under an agreement pursuant to or an administration agreement under .

(c)

Reimbursement of the State

From the amount of the reduction made under subsection (a), the Commissioner of Social Security shall reimburse the State on behalf of which supplementary payments were made for the amount (if any) by which such State’s expenditures on account of such supplementary payments for the month or months involved exceeded the expenditures which the State would have made (for such month or months) if the individual had received the benefits under subchapter II at the times they were regularly due. An amount equal to the portion of such reduction remaining after reimbursement of the State under the preceding sentence shall be covered into the general fund of the Treasury.

Aug. 14, 1935, ch. 531Pub. L. 96–265, title V, § 501(a)94 Stat. 469Pub. L. 98–369, div. B, title VI, § 2615(a)98 Stat. 1132Pub. L. 101–508, title V, § 5106(b)104 Stat. 1388–268Pub. L. 103–296, title I, § 108(b)(8)108 Stat. 1483(, title XI, § 1127, as added , , ; amended , , ; , , ; , title III, § 321(f)(3)(B)(ii), , , 1542.)

Editorial Notes

References in Text

Section 212(b) of Pub. L. 93–66section 1382 of this title, referred to in subsec. (b), is set out as a note under .

Amendments

Pub. L. 103–296, § 321(f)(3)(B)(ii)section 406 of this titlesection 406(a)(4) of this title1994—Subsec. (a). , in last sentence substituted “subsection (a)(4) or (b) of ” for “”.

Pub. L. 103–296, § 108(b)(8)Subsecs. (b), (c). , substituted “Commissioner of Social Security” for “Secretary”.

Pub. L. 101–508section 406(a)(4) of this title1990—Subsec. (a). inserted at end “A benefit under subchapter II shall not be reduced pursuant to the preceding sentence to the extent that any amount of such benefit would not otherwise be available for payment in full of the maximum fee which may be recovered from such benefit by an attorney pursuant to .”

Pub. L. 98–3691984— substituted provisions relating to adjustment in supplemental security income benefits on account of retroactive benefits under subchapter II of this chapter for provisions which related to adjustment of retroactive benefits under subchapter II of this chapter on account of supplemental security income benefits.

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

section 108(b)(8) of Pub. L. 103–296section 110(a) of Pub. L. 103–296section 401 of this titleAmendment by effective , see , set out as a note under .

section 321(f)(3)(B)(ii) of Pub. L. 103–296Pub. L. 101–508section 321(f)(5) of Pub. L. 103–296section 405 of this titleAmendment by effective as if included in the provisions of the Omnibus Reconciliation Act of 1990, , to which such amendment relates, except that such amendment applicable with respect to favorable judgments made after 180 days after , see , set out as a note under .

Effective Date of 1990 Amendment

Pub. L. 101–508Pub. L. 101–508section 401 of this titleAmendment by applicable with respect to determinations made on or after , and to reimbursement for travel expenses incurred on or after , see section 5106(d), of , set out as a note under .

Effective Date of 1984 Amendment

Pub. L. 98–369, div. B, § 2615(b)98 Stat. 1133

42 U.S.C. 401“The amendment made by this section [amending this section] shall apply for purposes of reducing retroactive benefits under title II of the Social Security Act [ et seq.] or retroactive supplemental security income benefits payable beginning with the seventh month following the month in which this Act is enacted [July 1984]; except that in the case of retroactive title II benefits other than those which result from a determination of entitlement following an application for benefits under title II or from a reinstatement of benefits under title II following a period of suspension or termination of such benefits, it shall apply when the Secretary of Health and Human Services determines that it is administratively feasible.”
, , , provided that:

Effective Date

Pub. L. 96–265, title V, § 501(d)94 Stat. 470

42 U.S.C. 401“The amendments made by this section [enacting this section and amending sections 404 and 1383 of this title] shall be applicable in the case of payments of monthly insurance benefits under title II of the Social Security Act [ et seq.] entitlement for which is determined on or after the first day of the thirteenth month which begins after the date of the enactment of this Act [].”
, , , provided that: