OAR 436-100-0010: Criteria for Eligibility

(1) Permanent total disability benefits must be offset by the workers’ social security disability benefits. However, the total combined benefit, permanent total disability benefits plus social security disability benefits, must not be offset to an amount less than the greater of: (a) The amount the worker would have received under ORS chapter 656; or (b) The Federal Disability Benefit Limitation. (2) Permanent total disability benefits must not be paid by the paying agent in an amount greater than authorized by ORS Chapter 656. (3) Offset of permanent total disability benefits must be made by a paying agent only in an amount and as authorized by the director. (4) Offset of permanent total disability benefits will be authorized by the director only upon actual receipt of federal social security disability benefits by the injured worker.