William D. and Joyce M. Reimels - Page 9

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          Memo. 1984-80 (holding that civilian service disability pay                 
          received from Department of the Navy was not excludable).                   
               C.  Applicability of Section 104(a)(4) Exclusion to Social             
               Security Disability Insurance Benefits                                 
               Like the Civil Service and public employee disability                  
          benefits considered in Haar v. Commissioner, supra, and its                 
          progeny, Social Security disability insurance benefits do not               
          take into consideration the nature or cause of the disability.              
          Social Security disability insurance benefits are provided in               
          title II of the Social Security Act (SSA), 42 U.S.C. secs. 401-             
          434 (2000).  Title II provides disability insurance benefits to             
          every individual who is insured for disability insurance                    
          benefits, has not attained retirement age, has filed an                     
          application for disability insurance benefits, and is under a               
          disability.  42 U.S.C. sec. 423(a)(1); see Cleveland v. Policy              
          Mgmt. Sys. Corp., 526 U.S. 795, 801 (1999).7  For purposes of               
          determining eligibility for disability insurance benefits, the              
          Social Security Act gives no consideration to whether the                   
          disability arose from service in the Armed Forces or was                    


               7 Social Security disability insurance is contributory and             
          is designed to prevent public dependency by protecting workers              
          and their families against common economic hazards.  Mathews v.             
          de Castro, 429 U.S. 181, 185-186 (1976).  Its primary objective             
          is to provide workers and their families with basic protection              
          against hardships created by loss of earnings due to illness or             
          old age; the disability insurance provisions are not general                
          public assistance laws and are not need based.  Id.; see also               
          Sciarotta v. Bowen, 735 F. Supp. 148, 151 (D.N.J. 1989).                    





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