PURPOSE: This rule establishes the policy that an employee applying for work-related or long-term disability must also apply for Social Security disability benefits.

1. (1) Employees applying for work-related or long-term disability must provide, along with the application for benefits, proof of application for disability benefits to the Social Security Administration. If the Social Security Administration denies disability benefits, the employee must also show proof that s/he has requested reconsideration of that determination and if the disability benefits are denied on reconsideration, that an appropriate appeal is prosecuted.
2. (2) Any employee applying for, and determined to be eligible to receive work-related or long-term disability benefits, who refuses or fails to apply for disability Social Security benefits, fails to apply for reconsideration if denied disability Social Security benefits, or fails to promptly prosecute an appeal after a denial of disability Social Security benefits on reconsideration will have his/her benefits reduced by the amount which s/he would have received as Social Security primary disability benefits had s/he applied for and been granted these benefits.
3. (3) Any employee who has applied for Social Security disability benefits and has been denied the benefits will not have his/her work-related or long-term disability benefits reduced by the amount of any Social Security benefits to which the employee is entitled but should, upon reconsideration or appeal, the employee be granted Social Security disability benefits for any period during which the employee received unreduced work-related or long-term disability benefits, the board shall take such action as necessary to recover the appropriate amount of retroactive Social Security benefits.

AUTHORITY: sections 104.110.5, RSMo Supp. 1995 and 104.210.2 and 536.023.3, RSMo 1994.* Original rule filed Feb. 16, 1988, effective May 12, 1988. Emergency amendment filed Aug. 18, 1995, effective Aug. 28, 1995, expired Feb. 23, 1996. Amended: Filed Aug. 18, 1995, effective Feb. 25, 1996. Rebecca McDowell Cook (1/26/96)*

*Original authority: 104.110, RSMo 1955, amended 1961, 1969, 1972, 1976, 1979, 1984, 1986, 1988; 104.210, 104.210.2, RSMo 1955, amended 1983, 1988 and 536.023.3, RSMo 1975, amended 1976.