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119th Congress

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119th Congress

Title 42 — The Public Health and Welfare

Part A · Chapter 7 — Social Security

§ 1382c. Definitions

Statutory text

(a)
(1)

For purposes of this subchapter, the term “aged, blind, or disabled individual” means an individual who—

(A)

is 65 years of age or older, is blind (as determined under paragraph (2)), or is disabled (as determined under paragraph (3)), and

(B)
(i)

is a resident of the United States, and is either (I) a citizen or (II) an alien lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law (including any alien who is lawfully present in the United States as a result of the application of the provisions of section 1182(d)(5) of title 8), or

(ii)

is a child who is a citizen of the United States, and who is living with a parent of the child who is a member of the Armed Forces of the United States assigned to permanent duty ashore outside the United States.

(2)

An individual shall be considered to be blind for purposes of this subchapter if he has central visual acuity of 20/200 or less in the better eye with the use of a correcting lens. An eye which is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees shall be considered for purposes of the first sentence of this subsection as having a central visual acuity of 20/200 or less. An individual shall also be considered to be blind for purposes of this subchapter if he is blind as defined under a State plan approved under subchapter X or XVI as in effect for October 1972 and received aid under such plan (on the basis of blindness) for December 1973, so long as he is continuously blind as so defined.

(3)
(A)

Except as provided in subparagraph (C), an individual shall be considered to be disabled for purposes of this subchapter if he is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve months.

(B)

For purposes of subparagraph (A), an individual shall be determined to be under a disability only if his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy, regardless of whether such work exists in the immediate area in which he lives, or whether a specific job vacancy exists for him, or whether he would be hired if he applied for work. For purposes of the preceding sentence (with respect to any individual), “work which exists in the national economy” means work which exists in significant numbers either in the region where such individual lives or in several regions of the country.

(C)
(i)

An individual under the age of 18 shall be considered disabled for the purposes of this subchapter if that individual has a medically determinable physical or mental impairment, which results in marked and severe functional limitations, and which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.

(ii)

Notwithstanding clause (i), no individual under the age of 18 who engages in substantial gainful activity (determined in accordance with regulations prescribed pursuant to subparagraph (E)) may be considered to be disabled.

(D)

For purposes of this paragraph, a physical or mental impairment is an impairment that results from anatomical, physiological, or psychological abnormalities which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques.

(E)

The Commissioner of Social Security shall by regulations prescribe the criteria for determining when services performed or earnings derived from services demonstrate an individual’s ability to engage in substantial gainful activity. In determining whether an individual is able to engage in substantial gainful activity by reason of his earnings, where his disability is sufficiently severe to result in a functional limitation requiring assistance in order for him to work, there shall be excluded from such earnings an amount equal to the cost (to such individual) of any attendant care services, medical devices, equipment, prostheses, and similar items and services (not including routine drugs or routine medical services unless such drugs or services are necessary for the control of the disabling condition) which are necessary (as determined by the Commissioner of Social Security in regulations) for that purpose, whether or not such assistance is also needed to enable him to carry out his normal daily functions; except that the amounts to be excluded shall be subject to such reasonable limits as the Commissioner of Social Security may prescribe. Notwithstanding the provisions of subparagraph (B), an individual whose services or earnings meet such criteria shall be found not to be disabled. The Commissioner of Social Security shall make determinations under this subchapter with respect to substantial gainful activity, without regard to the legality of the activity.

(F)

Notwithstanding the provisions of subparagraphs (A) through (E), an individual shall also be considered to be disabled for purposes of this subchapter if he is permanently and totally disabled as defined under a State plan approved under subchapter XIV or XVI as in effect for October 1972 and received aid under such plan (on the basis of disability) for December 1973 (and for at least one month prior to July 1973), so long as he is continuously disabled as so defined.

(G)

In determining whether an individual’s physical or mental impairment or impairments are of a sufficient medical severity that such impairment or impairments could be the basis of eligibility under this section, the Commissioner of Social Security shall consider the combined effect of all of the individual’s impairments without regard to whether any such impairment, if considered separately, would be of such severity. If the Commissioner of Social Security does find a medically severe combination of impairments, the combined impact of the impairments shall be considered throughout the disability determination process.

(H)
(i)

In making determinations with respect to disability under this subchapter, the provisions of sections 421(h), 421(k), and 423(d)(5) of this title shall apply in the same manner as they apply to determinations of disability under subchapter II.

(ii)
(I)

Not less frequently than once every 3 years, the Commissioner shall review in accordance with paragraph (4) the continued eligibility for benefits under this subchapter of each individual who has not attained 18 years of age and is eligible for such benefits by reason of an impairment (or combination of impairments) which is likely to improve (or, at the option of the Commissioner, which is unlikely to improve).

(II)

A representative payee of a recipient whose case is reviewed under this clause shall present, at the time of review, evidence demonstrating that the recipient is, and has been, receiving treatment, to the extent considered medically necessary and available, of the condition which was the basis for providing benefits under this subchapter.

(III)

If the representative payee refuses to comply without good cause with the requirements of subclause (II), the Commissioner of Social Security shall, if the Commissioner determines it is in the best interest of the individual, promptly suspend payment of benefits to the representative payee, and provide for payment of benefits to an alternative representative payee of the individual or, if the interest of the individual under this subchapter would be served thereby, to the individual.

(IV)

Subclause (II) shall not apply to the representative payee of any individual with respect to whom the Commissioner determines such application would be inappropriate or unnecessary. In making such determination, the Commissioner shall take into consideration the nature of the individual’s impairment (or combination of impairments). Section 1383(c) of this title shall not apply to a finding by the Commissioner that the requirements of subclause (II) should not apply to an individual’s representative payee.

(iii)

If an individual is eligible for benefits under this subchapter by reason of disability for the month preceding the month in which the individual attains the age of 18 years, the Commissioner shall redetermine such eligibility—

(I)

by applying the criteria used in determining initial eligibility for individuals who are age 18 or older; and

(II)

either during the 1-year period beginning on the individual’s 18th birthday or, in lieu of a continuing disability review, whenever the Commissioner determines that an individual’s case is subject to a redetermination under this clause.

With respect to any redetermination under this clause, paragraph (4) shall not apply.

(iv)
(I)

Except as provided in subclause (VI), not later than 12 months after the birth of an individual, the Commissioner shall review in accordance with paragraph (4) the continuing eligibility for benefits under this subchapter by reason of disability of such individual whose low birth weight is a contributing factor material to the Commissioner’s determination that the individual is disabled.

(II)

A review under subclause (I) shall be considered a substitute for a review otherwise required under any other provision of this subparagraph during that 12-month period.

(III)

A representative payee of a recipient whose case is reviewed under this clause shall present, at the time of review, evidence demonstrating that the recipient is, and has been, receiving treatment, to the extent considered medically necessary and available, of the condition which was the basis for providing benefits under this subchapter.

(IV)

If the representative payee refuses to comply without good cause with the requirements of subclause (III), the Commissioner of Social Security shall, if the Commissioner determines it is in the best interest of the individual, promptly suspend payment of benefits to the representative payee, and provide for payment of benefits to an alternative representative payee of the individual or, if the interest of the individual under this subchapter would be served thereby, to the individual.

(V)

Subclause (III) shall not apply to the representative payee of any individual with respect to whom the Commissioner determines such application would be inappropriate or unnecessary. In making such determination, the Commissioner shall take into consideration the nature of the individual’s impairment (or combination of impairments). Section 1383(c) of this title shall not apply to a finding by the Commissioner that the requirements of subclause (III) should not apply to an individual’s representative payee.

(VI)

Subclause (I) shall not apply in the case of an individual described in that subclause who, at the time of the individual’s initial disability determination, the Commissioner determines has an impairment that is not expected to improve within 12 months after the birth of that individual, and who the Commissioner schedules for a continuing disability review at a date that is after the individual attains 1 year of age.

(I)

In making any determination under this subchapter with respect to the disability of an individual who has not attained the age of 18 years and to whom section 421(h) of this title does not apply, the Commissioner of Social Security shall make reasonable efforts to ensure that a qualified pediatrician or other individual who specializes in a field of medicine appropriate to the disability of the individual (as determined by the Commissioner of Social Security) evaluates the case of such individual.

(J)

Notwithstanding subparagraph (A), an individual shall not be considered to be disabled for purposes of this subchapter if alcoholism or drug addiction would (but for this subparagraph) be a contributing factor material to the Commissioner’s determination that the individual is disabled.

(4)

A recipient of benefits based on disability under this subchapter may be determined not to be entitled to such benefits on the basis of a finding that the physical or mental impairment on the basis of which such benefits are provided has ceased, does not exist, or is not disabling only if such finding is supported by—

(A)

in the case of an individual who is age 18 or older—

(i)

substantial evidence which demonstrates that—

(I)

there has been any medical improvement in the individual’s impairment or combination of impairments (other than medical improvement which is not related to the individual’s ability to work), and

(II)

the individual is now able to engage in substantial gainful activity; or

(ii)

substantial evidence (except in the case of an individual eligible to receive benefits under section 1382h of this title) which—

(I)

consists of new medical evidence and a new assessment of the individual’s residual functional capacity, and demonstrates that—

(aa)

although the individual has not improved medically, he or she is nonetheless a beneficiary of advances in medical or vocational therapy or technology (related to the individual’s ability to work), and

(bb)

the individual is now able to engage in substantial gainful activity, or

(II)

demonstrates that—

(aa)

although the individual has not improved medically, he or she has undergone vocational therapy (related to the individual’s ability to work), and

(bb)

the individual is now able to engage in substantial gainful activity; or

(iii)

substantial evidence which demonstrates that, as determined on the basis of new or improved diagnostic techniques or evaluations, the individual’s impairment or combination of impairments is not as disabling as it was considered to be at the time of the most recent prior decision that he or she was under a disability or continued to be under a disability, and that therefore the individual is able to engage in substantial gainful activity; or

(B)

in the case of an individual who is under the age of 18—

(i)

substantial evidence which demonstrates that there has been medical improvement in the individual’s impairment or combination of impairments, and that such impairment or combination of impairments no longer results in marked and severe functional limitations; or

(ii)

substantial evidence which demonstrates that, as determined on the basis of new or improved diagnostic techniques or evaluations, the individual’s impairment or combination of impairments, is not as disabling as it was considered to be at the time of the most recent prior decision that the individual was under a disability or continued to be under a disability, and such impairment or combination of impairments does not result in marked and severe functional limitations; or

(C)

in the case of any individual, substantial evidence (which may be evidence on the record at the time any prior determination of the entitlement to benefits based on disability was made, or newly obtained evidence which relates to that determination) which demonstrates that a prior determination was in error.

Nothing in this paragraph shall be construed to require a determination that an individual receiving benefits based on disability under this subchapter is entitled to such benefits if the prior determination was fraudulently obtained or if the individual is engaged in substantial gainful activity, cannot be located, or fails, without good cause, to cooperate in a review of his or her entitlement or to follow prescribed treatment which would be expected (i) to restore his or her ability to engage in substantial gainful activity, or (ii) in the case of an individual under the age of 18, to eliminate or improve the individual’s impairment or combination of impairments so that it no longer results in marked and severe functional limitations. Any determination under this paragraph shall be made on the basis of all the evidence available in the individual’s case file, including new evidence concerning the individual’s prior or current condition which is presented by the individual or secured by the Commissioner of Social Security. Any determination made under this paragraph shall be made on the basis of the weight of the evidence and on a neutral basis with regard to the individual’s condition, without any initial inference as to the presence or absence of disability being drawn from the fact that the individual has previously been determined to be disabled.

(b)

For purposes of this subchapter, the term “eligible spouse” means an aged, blind, or disabled individual who is the husband or wife of another aged, blind, or disabled individual, and who, in a month, is living with such aged, blind, or disabled individual on the first day of the month or, in any case in which either spouse files an application for benefits, on the first day of the month following the date the application is filed, or, in any case in which either spouse requests restoration of eligibility under this subchapter during the month, at the time the request is filed. If two aged, blind, or disabled individuals are husband and wife as described in the preceding sentence, only one of them may be an “eligible individual” within the meaning of section 1382(a) of this title.

(c)

For purposes of this subchapter, the term “child” means an individual who is neither married nor (as determined by the Commissioner of Social Security) the head of a household, and who is (1) under the age of eighteen, or (2) under the age of twenty-two and (as determined by the Commissioner of Social Security) a student regularly attending a school, college, or university, or a course of vocational or technical training designed to prepare him for gainful employment.

(d)

In determining whether two individuals are husband and wife for purposes of this subchapter, appropriate State law shall be applied; except that—

(1)

if a man and woman have been determined to be husband and wife under section 416(h)(1) of this title for purposes of subchapter II they shall be considered (from and after the date of such determination or the date of their application for benefits under this subchapter, whichever is later) to be husband and wife for purposes of this subchapter, or

(2)

if a man and woman are found to be holding themselves out to the community in which they reside as husband and wife, they shall be so considered for purposes of this subchapter notwithstanding any other provision of this section.

(e)

For purposes of this subchapter, the term “United States”, when used in a geographical sense, means the 50 States and the District of Columbia.

(f)
(1)

For purposes of determining eligibility for and the amount of benefits for any individual who is married and whose spouse is living with him in the same household but is not an eligible spouse, such individual’s income and resources shall be deemed to include any income and resources of such spouse, whether or not available to such individual, except to the extent determined by the Commissioner of Social Security to be inequitable under the circumstances.

(2)
(A)

For purposes of determining eligibility for and the amount of benefits for any individual who is a child under age 18, such individual’s income and resources shall be deemed to include any income and resources of a parent of such individual (or the spouse of such a parent) who is living in the same household as such individual, whether or not available to such individual, except to the extent determined by the Commissioner of Social Security to be inequitable under the circumstances.

(B)

Subparagraph (A) shall not apply in the case of any child who has not attained the age of 18 years who—

(i)

is disabled;

(ii)

received benefits under this subchapter, pursuant to section 1382(e)(1)(B) of this title, while in an institution described in section 1382(e)(1)(B) of this title;

(iii)

is eligible for medical assistance under a State home care plan approved by the Secretary under the provisions of section 1396n(c) of this title relating to waivers, or authorized under section 1396a(e)(3) of this title; and

(iv)

but for this subparagraph, would not be eligible for benefits under this subchapter.

(3)

For purposes of determining eligibility for and the amount of benefits for any individual who is an alien, such individual’s income and resources shall be deemed to include the income and resources of his sponsor and such sponsor’s spouse (if such alien has a sponsor) as provided in section 1382j of this title. Any such income deemed to be income of such individual shall be treated as unearned income of such individual.

(4)

For purposes of paragraphs (1) and (2), a spouse or parent (or spouse of such a parent) who is absent from the household in which the individual lives due solely to a duty assignment as a member of the Armed Forces on active duty shall, in the absence of evidence to the contrary, be deemed to be living in the same household as the individual.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Social Security Amendments of 1972

    Pub. L. 92–603 title III § 301 · 86 Stat. 1329

    Enacted · 42 U.S.C. § 1382c

    Aug. 14, 1935, ch. 531, title XVI, § 1614, as added Pub. L. 92–603, title III, § 301, Oct. 30, 1972, 86 Stat. 1471

    Source evidence

    Code source credit
    Aug. 14, 1935, ch. 531, title XVI, § 1614, as added Pub. L. 92–603, title III, § 301, Oct. 30, 1972, 86 Stat. 1471

    Enacted provision · exact public law section
    Sec. 301. establishment of program Effective January 1, 1974, title XVI of the Social Security Effective date. Act is amended to read as follows: 76 Stat. 197; 81 Stat. 896. 42 USC 1381. “TITLE XVI— SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED “Sec. 1601. “purpose; appropriations For the purpose of establishing a national program to provide supplemental security income to individuals who have attained age 65 or are blind or disabled, there are authorized to be appropriated sums sufficient to carry out this title. “Sec. 1602. “basic eligibility for benefits Every aged, blind, or disabled individual who is determined under part A to be eligible on the basis of his income and resources shall, in accordance with and subject to the provisions of this title, be paid benefits by the Secretary of Health, Education, and Welfare. “Part A— Determination of Benefits “Sec. 1611. “eligibility for and amount of benefits “Definition of Eligible Individual (a) (1) Each aged, blind, or disabled individual who does not have an eligible spouse and— “(A) whose income, other than income excluded pursuant to section 1612(b), is at a rate of not more than $1,560 for the calendar year 1974 or any calendar year thereafter, and “(B) whose resources, other than resources excluded pursuant to section 1613(a), are not more than (i) in case such individual has a spouse with whom he is living, $2,250, or (ii) in case such individual has no spouse with whom he is living, $1,500, shall be an eligible individual for purposes of this title. “(2) Each aged, blind, or disabled individual who has an eligible spouse and— “(A) whose income (together with the income of such spouse), other than income excluded pursuant to section 1612(b), is at a rate of not more than $2,340 for the calendar year 1974, or any calendar year thereafter, and “(B) whose resources (together with the resources of such spouse), other than resources excluded pursuant to section 1613 (a), are not more than $2,250, shall be an eligible individual for purposes of this title. “(b) “Amounts of Benefits (1) The benefit under this title for an individual who does not have an eligible spouse shall be payable at the rate of $1,560 for the calendar year 1974 and any calendar year thereafter, reduced by the amount of income, not excluded pursuant to section 1612 (b), of such individual. “(2) The benefit under this title for an individual who has an eligible spouse shall be payable at the rate of $2,340 for the calendar year 1974 and any calendar year thereafter, reduced by the amount of income, not excluded pursuant to section 1612(b), of such individual and spouse. “(c) “Period for Determination of Benefits (1) An individual’s eligibility for benefits under this title and the amount of such benefits shall be determined for each quarter of a calendar year except that, if the initial application for benefits is filed in the second or third month of a calendar quarter, such determinations shall be made for each month in such quarter. Eligibility for and the amount of such benefits for any quarter shall be redetermined at such time or times as may be provided by the Secretary. “(2) For purposes of this subsection an application shall be considered to be effective as of the first day of the month in which it was actually filed. “(d) “Special Limits on Gross Income The Secretary may prescribe the circumstances under which, consistently with the purposes of this title, the gross income from a trade or business (including farming) will be considered sufficiently large to make an individual ineligible for benefits under this title. For purposes of this subsection, the term ‘gross income’ has the same meaning as when used in chapter 1 of the Internal Revenue Code of 1954. 26 USC 1 et seq. “(e) “Limitation on Eligibility of Certain Individuals (1) (A) Except as provided in subparagraph (B), no person shall be an eligible individual or eligible spouse for purposes of this title with respect to any month if throughout such month he is an inmate of a public institution. “(B) In any ease where an eligible individual or his eligible spouse (if any) is, throughout any month, in a hospital, extended care facility, nursing home, or intermediate care facility receiving payments (with respect to such individual or spouse) under a State plan approved under title XIX, the benefit under this title for such individual 42 USC 1396. for such month shall be payable— “(i) at a rate not in excess of $300 per year (reduced by the amount of any income not excluded pursuant to section 1612(b)) in the case of an individual who does not have an eligible spouse; “(ii) at a rate not in excess of the sum of the applicable rate specified in subsection (b)(1) and the rate of $300 per year (reduced by the amount of any income not excluded pursuant to section 1612(b)) in the case of an individual who has an eligible spouse, if only one of them is in such a hospital, home, or facility throughout such month; and “(iii) at a rate not in excess of $600 per year (reduced by the amount of any income not excluded pursuant to section 1612(b)) in the case of an individual who has an eligible spouse, if both of them are in such a hospital, home, or facility throughout such month. “(2) No person shall be an eligible individual or eligible spouse for purposes of this title if, after notice to such person by the Secretary that it is likely that such person is eligible for any payments of the type enumerated in section 1612(a)(2)(B), such person fails within 30 days to take all appropriate steps to apply for and (if eligible) obtain any such payments. “(3) (A) No person who is an aged, blind, or disabled individual solely by reason of disability (as determined under section 1614(a) (3)) shall be an eligible individual or eligible spouse for purposes of this title with respect to any month if such individual is medically determined to be a drug addict or an alcoholic unless such individual is undergoing any treatment that may be appropriate for his condition as a drug addict or alcoholic (as the case may be) at an institution or facility approved for purposes of this paragraph by the Secretary (so long as such treatment is available) and demonstrates that he is complying with the terms, conditions, and requirements of such treatment and with requirements imposed by the Secretary under subparagraph (B). “(B) The Secretary shall provide for the monitoring and testing of all individuals who are receiving benefits under this title and who as a condition of such benefits are required to be undergoing treatment and complying with the terms, conditions, and requirements thereof as described in subparagraph (A), in order to assure such compliance and to determine the extent to which the imposition of such requirement is contributing to the achievement of the purposes of this title. The Secretary shall annually submit to the Congress Report to Congress. a full and complete report on his activities under this paragraph. “(f) “Suspension of Payments to Individuals Who Are Outside the United States Notwithstanding any other provision of this title, no individual shall be considered an eligible individual for purposes of this title for any month during all of which such individual is outside the United States (and no person shall be considered the eligible spouse of an individual for purposes of this title with respect to any month during all of which such person is outside the United States). For purposes of the preceding sentence, after an individual has been outside the United States for any period of 30 consecutive days, he shall be treated as remaining outside the United States until he has been in the United States for a period of 30 consecutive days. “(g) “Certain Individuals Deemed To Meet Resources Test In the case of any individual or any individual and his spouse (as the case may be) who for the month of December 1973 was a recipient of aid or assistance under a State plan approved under title 42 USC 301, 1201, 1351. Ante, p. 1465. I, X, XIV, or XVI, the resources of such individual or such individual and his spouse shall be deemed not to exceed the amount specified in sections 1611(a) (1) (B) and 1611(a) (2) (B) during any period that the resources of such individual or individual and his spouse (as the case may be) does not exceed the maximum amount of resources, as specified in the State plan (above referred to, and as in effect in October 1972) under which he or they were entitled to aid or assistance for the month of December 1972. “(h) “Certain Individuals Deemed To Meet Income Test In determining eligibility for, and the amount of, benefits payable under this section in the case of any individual or any individual and his spouse (as the case may be) who is blind (as that term is defined under a State plan approved under title X or XVI as in effect in October 1972) and who for the month of December 1973 was a recipient of aid or assistance under a State plan approved under title X or XVI, there shall be disregarded an amount equal to the greater of the amounts determined as follows— “(1) the maximum amount of any earned or unearned income which could have been disregarded under the State plan (above referred to, and as in effect in October 1972), or “(2) the amount which would be required to be disregarded under section 1612 without application of this subsection. “Sec. 1612. “income “Meaning of Income (a) For purposes of this title, income means both earned income and unearned income; and— “(1) earned income means only— “(A) wages as determined under section 203(f) (5) (C); and “(B) net earnings from self-employment, as defined in section Ante, p. 1353. 211 (without the application of the second and third sentences following subsection (a) (10), and the last par-agraph of subsection (a)), including earnings for services described in paragraphs (4), (5), and (6) of subsection (c); and “(2) unearned income means all other income, including— “(A) support and maintenance furnished in cash or kind; except that in the case of any individual (and his eligible spouse, if any) living in another person’s household and receiving support and maintenance in kind from such person, the dollar amounts otherwise applicable to such individual (and spouse) as specified in subsections (a) and (b) of section 1611 shall be reduced by 33⅓ percent in lieu of including such support and maintenance in the unearned income of such individual (and spouse) as otherwise required by this subparagraph; “(B) any payments received as an annuity, pension, retirement, or disability benefit, including veterans’ compensation and pensions, workmen’s compensation payments, old-age, survivors, and disability insurance benefits, railroad retirement annuities and pensions, and unemployment insurance benefits; “(C) prizes and awards; “(D) the proceeds of any life insurance policy to the extent that they exceed the amount expended by the beneficiary for purposes of the insured individual’s last illness and burial or $1,500, whichever is less; “(E) gifts (cash or otherwise), support and alimony payments. and inheritances; and “(F) rents, dividends, interest, and royalties. “(b) “Exclusions From Income In determining the income of an individual (and his eligible spouse) there shall be excluded— “(1) subject to limitations (as to amount or otherwise) prescribed by the Secretary, if such individual is a child who is, as determined by the Secretary, a student regularly attending a school, college, or university, or a course of vocational or technical training designed to prepare him for gainful employment, the earned income of such individual; “(2) the first $240 per year (or proportionately smaller amounts for shorter periods) of income (whether earned or unearned) other than income which is paid on the basis of the need of the eligible individual; “(3) (A) the total unearned income of such individual (and such spouse, if any) in a calendar quarter which, as determined in accordance with criteria prescribed by the Secretary, is received too infrequently or irregularly to be included, if such income so received does not exceed $60 in such quarter, and (B) the total earned income of such individual (and such spouse, if any) in a calendar quarter which, as determined in accordance with such criteria, is received too infrequently or irregularly to be included, if such income so received does not exceed $30 in such quarter; “(4) (A) if such individual (or such spouse) is blind (and has not attained age 65, or received benefits under this title (or aid under a State plan approved under section 1002 or 1602) for the Post, p. 1488. month before the month in which he attained age 65), (i) the first $780 per year (or proportionately smaller amounts for shorter periods) of earned income not excluded by the preceding para-graphs of this subsection, plus one-half of the remainder thereof, (ii) an amount equal to any expenses reasonably attributable to the earning of any income, and (iii) such additional amounts of other income, where such individual has a plan for achieving self-support approved by the Secretary, as may be necessary for the fulfillment of such plan, “(B) if such individual (or such spouse) is disabled but not blind (and has not attained age 65, or received benefits under this title (or aid under a State plan approved under section 1402 or Post, p. 1488. 1602) for the month before the month in which he attained age 65), (i) the first $780 per year (or proportionately smaller amounts for shorter periods) of earned income not excluded by the preceding paragraphs of this subsection, plus one-half of the remainder thereof, and (ii) such additional amounts of other income, where such individual has a plan for achieving self-support approved by the Secretary, as may be necessary for the fulfillment of such plan, or “(C) if such individual (or such spouse) has attained age 65 and is not included under subparagraph (A) or (B), the first $780 per year (or proportionately smaller amounts for shorter periods) of earned income not excluded by the preceding paragraphs of this subsection, plus one-half of the remainder thereof; “(5) any amount received from any public agency as a return or refund of taxes paid on real property or on food purchased by such individual (or such spouse); “(6) assistance described in section 1616(a) which is based on need and furnished by any State or political subdivision of a State; “(7) any portion of any grant, scholarship, or fellowship received for use in paying the cost of tuition and fees at any educational (including technical or vocational education) institution; “(8) home produce of such individual (or spouse) utilized by the household for its own consumption; “(9) if such individual is a child one-third of any payment for his support received from an absent parent; and “(10) any amounts received for the foster care of a child who is not an eligible individual but who is living in the same home as such individual and was placed in such home by a public or nonprofit private child-placement or child-care agency. “Sec. 1613. “resources “Exclusions From Resources (a) In determining the resources of an individual (and his eligible spouse, if any) there shall be excluded— “(1) the home (including the land that appertains thereto), to the extent that its value does not exceed such amount as the Secretary determines to be reasonable; “(2) household goods, personal effects, and an automobile, to the extent that their total value does not exceed such amount as the Secretary determines to be reasonable; “(3) other property which, as determined in accordance with and subject to limitations prescribed by the Secretary, is so essential to the means of self-support of such individual (and such spouse) as to warrant its exclusion; “(4) such resources of an individual who is blind or disabled and who has a plan for achieving self-support approved by the Secretary, as may be necessary for the fulfillment of such plan; and “(5) in the case of Natives of Alaska, shares of stock held in a Regional or a Village Corporation, during the period of twenty years in which such stock is inalienable, as provided in section 7(h) and section 8(c) of the Alaska Native Claims Settlement Act. 85 Stat. 691. 43 USC 1606, 1607. In determining the resources of an individual (or eligible spouse) an insurance policy shall be taken into account only to the extent of its cash surrender value; except that if the total face value of all life insurance policies on any person is $1,500 or less, no part of the value of any such policy shall be taken into account. “(b) “Disposition of Resources The Secretary shall prescribe the period or periods of time within which, and the manner in which, various kinds of property must be disposed of in order not to be included in determining an individual’s eligibility for benefits. Any portion of the individual’s benefits paid for any such period shall be conditioned upon such disposal; and any benefits so paid shall (at the time of the disposal) be considered overpayments to the extent they would not have been paid had the disposal occurred at the beginning of the period for which such benefits were paid. “Sec. 1614. “meaning of terms “Aged, Blind, or Disabled Individual (a) (1) For purposes of this title, the term ‘aged, blind, or disabled individual’ means an individual who— “(A) is 65 years of age or older, is blind (as determined under paragraph (2)), or is disabled (as determined under paragraph (3)), and “(B) is a resident of the United States, and is either (i) a citizen or (ii) an alien lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law (including any alien who is lawfully present in the United States as a result of the application of the provisions of section 203(a) (7) or section 212(d)(5) of the Immigration and Nationality Act). 79 Stat. 912. 66 Stat. 182. 8 USC 1153, 1182. “(2) An individual shall be considered to be blind for purposes of this title if he has central visual acuity of 20/200 or less in the better eye with the use of a correcting lens. An eye which is accompanied by a limitation in the fields of vision such that the widest, diameter of the visual field subtends an angle no greater than 20 degrees shall be considered for purposes of the first sentence of this subsection as having a central visual acuity of 20/200 or less. An individual shall also be considered to be blind for purposes of this title if he is blind as defined under a State plan approved under title X or XVI as in effect for October 1972 and received aid under such plan 42 USC 1201, 1381. (on the basis of blindness) for December 1973, so long as he is continuously blind as so defined. “(3) (A) An individual shall be considered to be disabled for purposes of this title if he is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result, in death or which has lasted or can be expected to last for a continuous period of not less than twelve months (or, in the case of a child under the age of 18, if he suffers from any medically determinable physical or mental impairment of comparable severity). An individual shall also be considered to be disabled for purposes of this title if he is permanently and totally disabled as defined under a State plan approved under title XIV or XVI as in effect for October 1972 and received aid under such plan (on the basis of disability) for December 1973, so long as he is continuously disabled as so defined. “(B) For purposes of subparagraph (A), an individual shall be determined to be under a disability only if his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy, regardless of whether such work exists in the immediate area in which he lives, or whether a specific job vacancy exists for him, or whether he would Definition. be hired if he applied for work. For purposes of the preceding sentence (with respect to any individual), ‘work which exists in the national economy’ means work which exists in significant numbers either in the region where such individual lives or in several regions of the country. “(C) For purposes of this paragraph, a physical or mental impairment is an impairment that results from anatomical, physiological, or psychological abnormalities which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques. “(D) The Secretary shall by regulations prescribe the criteria for determining when services performed or earnings derived from services demonstrate an individual’s ability to engage in substantial gainful activity. Notwithstanding the provisions of subparagraph (B), an individual whose services or earnings meet such criteria, except for purposes of Paragraph (4), shall be found not to be disabled. “(4) (A) For purposes of this title, any services rendered during a period of trial work (as defined in subparagraph (B)) by an individual who is an aged, blind, or disabled individual solely by reason of disability (as determined under paragraph (3) of this subsection) shall be deemed not to have been rendered by such individual in determining whether his disability has ceased in a month during such period. As used in this paragraph, the term ‘services’ means activity which is performed for remuneration or gain or is determined by the Secretary to be of a type normally performed for remuneration or gain. “(B) The term ‘period of trial work’, with respect to an individual who is an aged, blind, or disabled individual solely by reason of disability (as determined under paragraph (3) of this subsection), means a period of months beginning and ending as provided in subparagraphs (C) and (D). “(C) A period of trial work for any individual shall begin with the month in which he becomes eligible for benefits under this title on the basis of his disability; but no such period may begin for an individual who is eligible for benefits under this title on the basis of a disability if he has had a previous period of trial work while eligible for benefits on the basis of the same disability. “(D) A period of trial work for any individual shall end with the close of whichever of the following months is the earlier: “(i) the ninth month, beginning on or after the first day of such period, in which the individual renders services (whether or not such nine months are consecutive); or “(ii) the month in which his disability (as determined under paragraph (3) of this subsection) ceases (as determined after the application of subparagraph (A) of this paragraph). “(b) “Eligible Spouse For purposes of this title, the term ‘eligible spouse’ means an aged, blind, or disabled individual who is the husband or wife of another aged, blind, or disabled individual and who has not been living apart from such other aged, blind, or disabled individual for more than six months. If two aged, blind, or disabled individuals are husband and wife as described in the preceding sentence, only one of them may be an ‘eligible individual’ within the meaning of section 1611(a). “(c) “Definition of Child For purposes of this title, the term ‘child’ means an individual who is neither married nor (as determined by the Secretary) the head of a household, and who is (1) under the age of eighteen, or (2) under the age of twenty-two and (as determined by the Secretary) a student regularly attending a school, college, or university, or a course of vocational or technical training designed to prepare him for gainful employment. “(d) “Determination of Marital Relationships In determining whether two individuals are husband and wife for purposes of this title, appropriate State law shall be applied; except that— “(1) if a man and women have been determined to be husband and wife under section 216(h) (1) for purposes of title II they 42 USC 401. shall be considered (from and after the date of such determination or the date of their application for benefits under this title, whichever is later) to be husband and wife for purposes of this title, or “(2) if a man and woman are found to be holding themselves out to the community in which they reside as husband and Wife, they shall be so considered for purposes of this title notwithstanding any other provision of this section. “(e) “United States For purposes of this title, the term ‘United States’, when used in a geographical sense, means the 50 States and the District of Columbia. “(f) “Income and Resources of Individuals Other Than Eligible Individuals and Eligible Spouses (1) For purposes of determining eligibility for and the amount of benefits for any individual who is married and whose spouse is living with him in the same household but is not an eligible spouse, such individual’s income and resources shall be deemed to include any income and resources of such spouse, whether or not available to such individual, except to the extent determined by the Secretary to be inequitable under the circumstances. “(2) For purposes of determining eligibility for and the amount of benefits for any individual who is a child under age 21, such individual’s income and resources shall be deemed to include any income and resources of a parent of such individual (or the spouse of such a parent) who is living in the same household as such individual, whether or not available to such individual, except to the extent determined by the Secretary to be inequitable under the circumstances. “Sec. 1615. “rehabilitation services for blind and disabled individuals (a) In the case of any blind or disabled individual who— “(1) has not attained age 65, and “(2) is receiving benefits (or with respect to whom benefits are paid) under this title, the Secretary shall make provision for referral of such individual to the appropriate State agency administering the State plan for vocational rehabilitation services approved under the Vocational Rehabilitation 68 Stat. 652. 29 USC 31 note. Act, and (except in such cases as he may determine) for a review not less often than quarterly of such individual’s blindness or disability and his need for and utilization of the rehabilitation services made available to him under such plan. “(b) Every individual with respect to whom the Secretary is required to make provision for referral under subsection (a) shall accept such rehabilitation services as are made available to him under the State plan for vocational rehabilitation services approved under the Vocational Rehabilitation Act; and the Secretary is authorized to pay to the State agency administering or supervising the administration of such State plan the costs incurred in the provision of such services to individuals so referred. “(c) No individual shall be an eligible individual or eligible spouse for purposes of this title if he refuses without good cause to accept vocational rehabilitation services for which he is referred under subsection (a). “Sec. 1616. “optional state supplementation (a) Any cash payments which are made by a State (or political subdivision thereof) on a regular basis to individuals who are receiving benefits under this title or who would but for their income be eligible to receive benefits under this title, as assistance based on need in supplementation of such benefits (as determined by the Secretary), shall be excluded under section 1612(b)(6) in determining the income of such individuals for purposes of this title and the Secretary and such State may enter into an agreement which satisfies subsection (b) under which the Secretary will, on behalf of such State (or subdivision) make such supplementary payments to all such individuals. “(b) Any agreement between the Secretary and a State entered into under subsection (a) shall provide— “(1) that such payments will be made (subject to subsection (c)) to all individuals residing in such State (or subdivision) who are receiving benefits under this title, and “(2) such other rules with respect to eligibility for or amount of the supplementary payments, and such procedural or other general administrative provisions, as the Secretary finds necessary (subject to subsection (c)) to achieve efficient and effective administration of both the program which he conducts under this title and the optional State supplementation. “(c) (1) Any State (or political subdivision) making supplementary payments described in subsection (a) may at its option impose as a condition of eligiblity for such payments, and include in the State’s agreement with the Secretary under such subsection, a residence requirement which excludes individuals who have resided in the State (or political subdivision) for less than a minimum period prior to application for such payments. “(2) Any State (or political subdivision), in determining the eligibility of any individual for supplementary payments described in subsection (a), may disregard amounts of earned and unearned income in addition to other amounts which it is required or permitted to disregard under this section in determining such eligibility, and shall include a provision specifying the amount of any such income that will be disregarded, if any. “(d) Any State which has entered into an agreement with the Secretary under this section which provides that the Secretary will, on behalf of the State (or political subdivision), make the supplementary payments to individuals who are receiving benefits under this title (or who would but for their income be eligible to receive such benefits), shall, at such times and in such installments as may be agreed upon between the Secretary and such State, pay to the Secretary an amount equal to the expenditures made by the Secretary as such supplementary payments. “Part B— Procedural and General Provisions “Sec. 1631. “payments and procedures “Payment of Benefits (a) (1) Benefits under this title shall be paid at such time or times and in such installments as will best effectuate the purposes of this title, as determined under regulations (and may in any case be paid less frequently than monthly where the amount of the monthly benefit would not exceed $10). “(2) Payments of the benefit of any individual may be made to any such individual or to his eligible spouse (if any) or partly to each, or, if the Secretary deems it appropriate to any other person (including an appropriate public or private agency) who is interested in or concerned with the welfare of such individual (or spouse). Notwithstanding the provisions of the preceding sentence, in the case of any individual or eligible spouse referred to in section 1611(e) (3) (A), the Secretary shall provide for making payments of the benefit to any other person (including an appropriate public or private agency) who is interested in or concerned with the welfare of such individual (or spouse). “(3) The Secretary may by regulation establish ranges of incomes within which a single amount of benefits under this title shall apply. “(4) The Secretary— “(A) may make to any individual initially applying for benefits under this title who is presumptively eligible for such benefits and who is faced with financial emergency a cash advance against such benefits in an amount not exceeding $100; and “(B) may pay benefits under this title to an individual applying for such benefits on the basis of disability for a period not exceeding 3 months prior to the determination of such individual’s disability, if such individual is presumptively disabled and is determined to be otherwise eligible, for such benefits, and any benefits so paid prior to such determination shall in no event be considered overpayments for purposes of subsection (b). “(5) Payment of the benefit of any individual who is an aged, blind, or disabled individual solely by reason of blindness (as determined under section 1614(a) (2)) or disability (as determined under section 1614(a) (3)), and who ceases to be blind or to be under such disability, shall continue (so long as such individual is of otherwise eligible) through the second month following the month in which such blindness or disability ceases. “(b) “Overpayments and Underpayments Whenever the Secretary finds that more or less than the correct amount of benefits has been paid with respect to any individual, proper adjustment or recovery’ shall, subject to the succeeding provisions of this subsection, be made by appropriate adjustments in future payments to such individual or by recovery’ from or payment to such individual or his eligible spouse (or by recovery from the estate of either). The Secretary shall make such provision as he finds appropriate in the case of payment of more than the correct amount of benefits with respect to an individual with a view to avoiding penalizing such individual or his eligible spouse who was without fault in connection with the overpayment, if adjustment or recovery on account of such overpayment in such case would defeat the purposes of this title, or be against equity or good conscience, or (because of the small amount involved) impede efficient or effective administration of this title. “(c) “Hearings and Review (1) The Secretary shall provide reasonable notice and opportunity for a healing to any individual who is or claims to be an eligible individual or eligible spouse and is in disagreement with any determination under this title with respect to eligibility of such individual for benefits, or the amount of such individual’s benefits, if such individual requests a hearing on the matter in disagreement within thirty days after notice of such determination is received. “(2) Determination on the basis of such hearing, except to the extent that the matter in disagreement involves the existence of a disability (within the meaning of section 1614(a) (3)), shall be made within ninety days after the individual requests the hearing as provided in paragraph (1). “(3) The final determination of the Secretary after a hearing under paragraph (1) shall be subject to judicial review as provided in section 42 USC 405. 205(g) to the same extent as the Secretary’s final determinations under section 205; except that the determination of the Secretary after such hearing as to any fact shall be final and conclusive and not subject to review by any court. “(d) “Procedures; Prohibitions of Assignments; Representation of Claimants (1) The provisions of section 207 and subsections (a), (d), (e), and (f) of section 205 shall apply with respect to this part to the 42 USC 401. same extent as they apply in the case of title II. “(2) To the extent the Secretary finds it will promote the achievement of the objectives of this title, qualified persons may be appointed to serve as hearing examiners in hearings under subsection (c) without meeting the specific standards prescribed for hearing examiners 80 Stat. 381; 81 Stat. 54. 5 USC 551. Rules and regulations. by or under subchapter II of chapter 5 of title 5, United States Code. “(3) The Secretary may prescribe rules and regulations governing the recognition of agents or other persons, other than attorneys, as hereinafter provided, representing claimants before the Secretary under this title, and may require of such agents or other persons, before being recognized as representatives of claimants, that they shall show that they are of good character and in good repute, possessed of the necessary qualifications to enable them to render such claimants valuable service, and otherwise competent to advise and assist such claimants in the presentation of their cases. An attorney in good standing who is admitted to practice before the highest court, of the State, Territory, District, or insular possession of his residence or before the Supreme Court of the United States or the inferior Federal courts, shall be entitled to represent claimants before the Secretary. The Secretary may, after due notice and opportunity for hearing, suspend or prohibit from further practice before him any such person, agent, or attorney who refuses to comply with the Secretary’s rules and regulations or who violates any provision of this paragraph for which a penalty is prescribed. The Secretary may, by rule and regulation, prescribe the maximum fees which may be charged for services performed in connection with any claim before the Secretary under this title, and any agreement in violation of such rules and regulations shall be void. Any person who Offenses and penalties. shall, with intent to defraud, in any manner willfully and knowingly deceive, mislead, or threaten any claimant or prospective claimant or beneficiary under this title by word, circular, letter, or advertisement, or who shall knowingly charge or collect directly or indirectly any fee in excess of the maximum fee, or make any agreement directly or indirectly to charge or collect any fee in excess of the maximum fee, prescribed by the Secretary, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall for each offense be punished by a fine not exceeding $500 or by imprisonment not exceeding one year, or both. “(e) “Applications and Furnishing of Information (1) (A) The Secretary shall, subject to subparagraph (B), Requirements. prescribe such requirements with respect to the filing of applications, the suspension or termination of assistance, the furnishing of other data and material, and the reporting of events and changes in circumstances, as may be necessary for the effective and efficient administration of this title. “(B) The requirements prescribed by the Secretary pursuant to subparagraph (A) shall require that eligibility for benefits under this title will not be determined solely on the basis of declarations by the applicant concerning eligibility factors or other relevant facts, and that relevant information will be verified from independent or collateral sources and additional information obtained as necessary in order to assure that such benefits are only provided to eligible individuals (or eligible spouses) and that the amounts of such benefits are correct. “(2) In case of the failure by any individual to submit a report of events and changes in circumstances relevant to eligibility for or amount of benefits under this title as required by the Secretary under paragraph (1), or delay by any individual in submitting a report as so required, the Secretary (in addition to taking any other action he Benefits, reduction. may consider appropriate under paragraph (1)) shall reduce any benefits which may subsequently become payable to such individual under this title by— “(A) $25 in the case of the first such failure or delay, “(B) $50 in the case of the second such failure or delay, and “(C) $100 in the ease of the third or a subsequent such failure or delay, except where the individual was without fault or good cause for such failure or delay existed. “(f) “Furnishing of Information by Other Agencies The head of any Federal agency shall provide such information as the Secretary needs for purposes of determining eligibility for or amount of benefits, or verifying other information with respect thereto. “Sec. 1632. “penalties for fraud Whoever— “(1) knowingly and willfully makes or causes to be made any false statement or representation of a material fact in any application for any benefit under this title, “(2) at any time knowingly and willfully makes or causes to be made any false statement or representation of a material fact for use in determining rights to any such benefit, “(3) having knowledge of the occurrence of any event affecting (A) his initial or continued right to any such benefit, or (B) the initial or continued right to any such benefit of any other individual in whose behalf Tie has applied for or is receiving such benefit, conceals or fails to disclose such event with an intent fraudulently to secure such benefit either in a greater amount or quantity than is due or when no such benefit is authorized, or “(4) having made application to receive any such benefit for the use and benefit of another and having received it, knowingly and willfully converts such benefit or any part thereof to a use other than for the use and benefit of such other person, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $1,000 or imprisoned for not more than one year, or both. “Sec. 1633. “administration The Secretary may make such administrative and other arrangements (including arrangements for the determination of blindness and disability under section 1614(a) (2) and (3) in the same manner and subject to the same conditions as provided with respect 42 USC 421. to disability determinations under section 221) as may be necessary or appropriate to carry out his functions under this title. “Sec. 1634. “determinations of medicaid eligibility The Secretary may enter into an agreement with any State which wishes to do so under which he will determine eligibility for medical assistance in the case of aged, blind, or disabled individuals 42 USC 1396. under such State’s plan approved under title XIX. Any such agreement shall provide for payments by the State, for use by the Secretary in carrying out the agreement, of an amount equal to one-half of the cost of carrying out the agreement, but in computing such cost with respect to individuals eligible for benefits under this title, the Secretary shall include only those costs which are additional to the costs incurred in carrying out this title.”

  2. Pub. L. 93–233 § 9(1) · 87 Stat. 946

    Struck · 42 U.S.C. § 1382c(a)(3)(A)

    Pub. L. 93–233, § 9(1), struck out last sentence defining a disabled individual as one permanently and totally disabled as defined under a State plan approved under subchapter XIV or XVI of this chapter as in effect for 1972 and receiving aid under such plan (on the basis of disability for December 1973, so long as the individual is continuously disabled as so defined, which provisions were covered in subsec. (a)(3)(E) of this section

    Source evidence

    Code amendment note
    Subsec. (a)(3)(A). Pub. L. 93–233, § 9(1), struck out last sentence defining a disabled individual as one permanently and totally disabled as defined under a State plan approved under subchapter XIV or XVI of this chapter as in effect for 1972 and receiving aid under such plan (on the basis of disability for December 1973, so long as the individual is continuously disabled as so defined, which provisions were covered in subsec. (a)(3)(E) of this section.

    Enacted provision · exact public law section
    (1) by striking out the last sentence of subparagraph (A); and (2) by inserting at the end thereof the following new subparagraph: “(E) Notwithstanding the provisions of subparagraphs (A) through (D), an individual shall also be considered to be disabled for purposes of this title if he is permanently and totally disabled as defined under a State plan approved under title XIV or XVI 64 Stat. 555; 86 Stat. 1484. 42 USC 1351, 1381. as in effect for October 1972 and received aid under such plan (on the basis of disability) for December 1973 (and for at least one month prior to July 1973), so long as he is continuously disabled as so defined.”.

  3. Pub. L. 93–233 § 9(2) · 87 Stat. 946

    1. Amended · 42 U.S.C. § 1382c(a)(3)(E)

      Pub. L. 93–233, § 9(2), incorporated provisions of last sentence of subpar. (A) in provisions designated as subpar. (E)

    2. Inserted · 42 U.S.C. § 1382c(a)(3)(E)

      Pub. L. 93–233, § 9(2), incorporated provisions of last sentence of subpar. (A) in provisions inserted introductory text “Notwithstanding the provisions of subparagraphs (A) through (D)” and parenthetical phrase “(and for at least one month prior to July 1973)” after “December 1973”

    Source evidence

    Code amendment note
    Subsec. (a)(3)(E). Pub. L. 93–233, § 9(2), incorporated provisions of last sentence of subpar. (A) in provisions designated as subpar. (E) and inserted introductory text “Notwithstanding the provisions of subparagraphs (A) through (D)” and parenthetical phrase “(and for at least one month prior to July 1973)” after “December 1973”.

    Enacted provision · exact public law section
    Sec. 9. individuals deemed to he disabled under the supplemental security income program Section 1614(a) (3) of the Social Security Act is amended— 86 Stat. 1471. 42 USC 1382c. (1) by striking out the last sentence of subparagraph (A); and (2) by inserting at the end thereof the following new subparagraph: “(E) Notwithstanding the provisions of subparagraphs (A) through (D), an individual shall also be considered to be disabled for purposes of this title if he is permanently and totally disabled as defined under a State plan approved under title XIV or XVI 64 Stat. 555; 86 Stat. 1484. 42 USC 1351, 1381. as in effect for October 1972 and received aid under such plan (on the basis of disability) for December 1973 (and for at least one month prior to July 1973), so long as he is continuously disabled as so defined.”.

  4. Social Security Disability Amendments of 1980

    Pub. L. 96–265 § 302(a)(2) · 94 Stat. 441

    Inserted · 42 U.S.C. § 1382c(a)(3)(D)

    Pub. L. 96–265, § 302(a)(2), inserted provisions relating to extraordinary work expenses due to severe disability

    Source evidence

    Code amendment note
    Subsec. (a)(3)(D). Pub. L. 96–265, § 302(a)(2), inserted provisions relating to extraordinary work expenses due to severe disability.

    Enacted provision · exact public law section
    (2) Section 1614(a)(3)(D) of such Act is amended by inserting after the first sentence the following new sentence: “In determining whether an individual is able to engage in substantial gainful activity by reason of his earnings, where his disability is sufficiently severe to result in a functional limitation requiring assistance in order for him to work, there shall be excluded from such earnings an amount equal to the cost (to such individual) of any attendant care services, medical devices, equipment, prostheses, and similar items and services (not including routine drugs or routine medical services unless such drugs or services are necessary for the control of the disabling condition) which are necessary (as determined by the Secretary in regulations) for that purpose, whether or not such assistance is also needed to enable him to carry out his normal daily functions; except that the amounts to be excluded shall be subject to such reasonable limits as the Secretary may prescribe.”.

  5. Social Security Disability Amendments of 1980

    Pub. L. 96–265 § 303(c)(1)(B) · 94 Stat. 441

    Substituted · 42 U.S.C. § 1382c(a)(3)(D)

    Pub. L. 96–265, § 303(c)(1)(B), substituted reference to subparagraph (F) or paragraph (4) for reference to paragraph (4)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 96–265, § 303(c)(1)(B), substituted reference to subparagraph (F) or paragraph (4) for reference to paragraph (4).

    Enacted provision · exact public law section
    (B) Section 1614(a)(3)(D) of such Act is amended by striking out Ante, p. 450. “paragraph (4)” and inserting in lieu thereof “subparagraph (F) or paragraph (4)”.

  6. Social Security Disability Amendments of 1980

    Pub. L. 96–265 § 303(c)(1)(A) · 94 Stat. 441

    Added · 42 U.S.C. § 1382c(a)(3)(F)

    Pub. L. 96–265, § 303(c)(1)(A), added subpar. (F)

    Source evidence

    Code amendment note
    Subsec. (a)(3)(F). Pub. L. 96–265, § 303(c)(1)(A), added subpar. (F).

    Enacted provision · exact public law section
    (A) Section 1614(a)(3) of such Act is amended by adding at the 42 USC 1382c. end thereof the following new subparagraph: “(F) For purposes of this title, an individual whose trial work period has ended by application of paragraph (4)(D)(i) shall, subject to section 1611(e)(4), nonetheless be considered (except for purposes of section 42 USC 1382. 42 USC 1383. 1631(a)(5)) to be disabled through the end of the month preceding the termination month. For purposes of the preceding sentence, the termination month for any individual shall be the earlier of (i) the earliest month after the end of such period of trial work with respect to which such individual is determined to no longer be suffering from a disabling physical or mental impairment, or (ii) the first month, after the period of 15 consecutive months following the end of such period of trial work, in which such individual engages in or is determined to be able to engage in substantial gainful activity.”.

  7. Social Security Disability Amendments of 1980

    Pub. L. 96–265 § 203(a) · 94 Stat. 441

    Substituted · 42 U.S.C. § 1382c(f)(2)

    Pub. L. 96–265, § 203(a), substituted “under age 18” for “under age 21”

    Source evidence

    Code amendment note
    Subsec. (f)(2). Pub. L. 96–265, § 203(a), substituted “under age 18” for “under age 21”.

    Enacted provision · exact public law section
    (a) Section 1614(f)(2) of the Social Security Act is amended 42 USC 1382c. by striking out “under age 21” and inserting in lieu thereof “under age 18”.

  8. Social Security Disability Amendments of 1980

    Pub. L. 96–265 § 504(a) · 94 Stat. 441

    Added · 42 U.S.C. § 1382c(f)(3)

    Pub. L. 96–265, § 504(a), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (f)(3). Pub. L. 96–265, § 504(a), added par. (3).

    Enacted provision · exact public law section
    (a) Section 1614(f) of the Social Security Act is amended by 42 USC 1382c. adding at the end thereof the following new paragraph: “(3) For purposes of determining eligibility for and the amount of benefits for any individual who is an alien, such individual’s income and resources shall be deemed to include the income and resources of his sponsor and such sponsor’s spouse (if such alien has a sponsor) as provided in section 1621. Any such income deemed to be income of Infra. such individual shall be treated as unearned income of such individual.”.

  9. Spending Reduction Act of 1984

    Pub. L. 98–369 § 2663(g)(6) · 98 Stat. 494

    Changed · 42 U.S.C. § 1382c(a)(3)(E)

    Pub. L. 98–369, § 2663(g)(6), realigned margin of subpar. (E)

    Source evidence

    Code amendment note
    Subsec. (a)(3)(E). Pub. L. 98–369, § 2663(g)(6), realigned margin of subpar. (E).

    Enacted provision · exact public law section
    (6) Section 1614(a)(3) of such Act is amended by moving subparagraph (E) two ems to the left, so that its left margin is in flush alignment with the margins of the other subparagraphs in such section.

  10. Spending Reduction Act of 1984

    Pub. L. 98–369 § 2663(g)(7) · 98 Stat. 494

    Substituted · 42 U.S.C. § 1382c(d)(1)

    Pub. L. 98–369, § 2663(g)(7), substituted “man and woman” for “man and women”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 98–369, § 2663(g)(7), substituted “man and woman” for “man and women”.

    Enacted provision · exact public law section
    (7) Section 1614(d)(1) of such Act is amended by striking out “man 42 USC 1382c. and women” and inserting in lieu thereof “man and woman”.

  11. Social Security Disability Benefits Reform Act of 1984

    Pub. L. 98–460 § 4(b) · 98 Stat. 1794

    Added · 42 U.S.C. § 1382c(a)(3)(G)

    Pub. L. 98–460, § 4(b), added subpar. (G)

    Source evidence

    Code amendment note
    Subsec. (a)(3)(G). Pub. L. 98–460, § 4(b), added subpar. (G).

    Enacted provision · exact public law section
    (b) Section 1614(a)(3) of such Act is amended by adding at the end thereof the following new subparagraph: “(G) In determining whether an individual’s physical or mental impairment or impairments are of a sufficient medical severity that such impairment or impairments could be the basis of eligibility under this section, the Secretary shall consider the combined effect of all of the individual’s impairments without regard to whether any such impairment, if considered separately, would be of such severity. If the Secretary does find a medically severe combination of impairments, the combined impact of the impairments shall be considered throughout the disability determination process.”.

  12. Social Security Disability Benefits Reform Act of 1984

    Pub. L. 98–460 § 8(b) · 98 Stat. 1794

    Added · 42 U.S.C. § 1382c(a)(3)(H)

    Pub. L. 98–460, § 8(b), added subpar. (H)

    Source evidence

    Code amendment note
    Subsec. (a)(3)(H). Pub. L. 98–460, § 8(b), added subpar. (H).

    Enacted provision · exact public law section
    (b) Section 1614(a)(3) of such Act (as amended by section 4 of this Act) is further amended by adding at the end thereof the following new subparagraph: “(H) In making determinations with respect to disability under Supra. 42 USC 401. this title, the provisions of section 221(h) shall apply in the same manner as they apply to determinations of disability under title IL”.

  13. Social Security Disability Benefits Reform Act of 1984

    Pub. L. 98–460 § 3(a)(2) · 98 Stat. 1794

    Inserted · 42 U.S.C. § 1382c(a)(3)(H)

    Pub. L. 98–460, § 3(a)(2), inserted reference to section 423(d)(5) of this title

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 98–460, § 3(a)(2), inserted reference to section 423(d)(5) of this title.

    Enacted provision · exact public law section
    (2) Section 1614(a)(3)(H) of such Act (as added by section 8 of this Post, p. 1804. Act) is amended by striking out “section 221(h)” and inserting in lieu thereof “sections 221(h) and 223(d)(5)”.

  14. Social Security Disability Benefits Reform Act of 1984

    Pub. L. 98–460 § 10(b) · 98 Stat. 1794

    Inserted · 42 U.S.C. § 1382c(a)(3)(H)

    Pub. L. 98–460, § 10(b), inserted reference to section 421(k) of this title

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 98–460, § 10(b), inserted reference to section 421(k) of this title.

    Enacted provision · exact public law section
    (b) Section 1614(a)(3)(H) of such Act (as added by section 8 of this Ante, p. 1804. Act and amended by section 3 of this Act) is further amended by striking out “sections 221(h) and 223(d)(5)” and inserting in lieu thereof “sections 221(h), 221(k), and 223(d)(5)”.

  15. Social Security Disability Benefits Reform Act of 1984

    Pub. L. 98–460 § 2(c) · 98 Stat. 1794

    Added · 42 U.S.C. § 1382c(a)(5)

    Pub. L. 98–460, § 2(c), added par. (5)

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 98–460, § 2(c), added par. (5).

    Enacted provision · exact public law section
    (c) Section 1614(a) of such Act is amended by adding at the end thereof the following new paragraph: “(5) A recipient of benefits based on disability under this title may be determined not to be entitled to such benefits on the basis of a finding that the physical or mental impairment on the basis of which such benefits are provided has ceased, does not exist, or is not disabling only if such finding is supported by— “(A) substantial evidence which demonstrates that— “(i) there has been any medical improvement in the individual’s impairment or combination of impairments (other than medical improvement which is not related to the individual’s ability to work), and “(ii) the individual is now able to engage in substantial gainful activity; or “(B) substantial evidence (except in the case of an individual 42 USC 1382h. eligible to receive benefits under section 1619) which— “(i) consists of new medical evidence and a new assessment of the individual’s residual functional capacity, and demonstrates that— “(I) although the individual has not improved medically, he or she is nonetheless a beneficiary of advances in medical or vocational therapy or technology (related to the individual’s ability to work), and “(II) the individual is now able to engage in substantial gainful activity, or “(ii) demonstrates that— “(I) although the individual has not improved medically, he or she has undergone vocational therapy (related to the individual’s ability to work), and “(II) the individual is now able to engage in substantial gainful activity; or “(C) substantial evidence which demonstrates that, as deter-mined on the basis of new or improved diagnostic techniques or evaluations, the individual’s impairment or combination of impairments is not as disabling as it was considered to be at the time of the most recent prior decision that he or she was under a disability or continued to be under a disability, and that therefore the individual is able to engage in substantial gainful activity; or “(D) substantial evidence (which may be evidence on the record at the time any prior determination of the entitlement to benefits based on disability was made, or newly obtained evidence which relates to that determination) which demonstrates that a prior determination was in error. Nothing in this paragraph shall be construed to require a determination that an individual receiving benefits based on disability under this title is entitled to such benefits if the prior determination was fraudulently obtained or if the individual is engaged in substantial gainful activity, cannot be located, or fails, without good cause, to cooperate in a review of his or her entitlement or to follow prescribed treatment which would be expected to restore his or her ability to engage in substantial gainful activity. Any determination under this paragraph shall be made on the basis of all the evidence available in the individual’s case file, including new evidence concerning the individual’s prior or current condition which is presented by the individual or secured by the Secretary. Any determination made under this paragraph shall be made on the basis of the weight of the evidence and on a neutral basis with regard to the individual’s condition, without any initial inference as to the presence or absence of disability being drawn from the fact that the individual has previously been determined to be disabled.”.

  16. Employment Opportunities for Disabled Americans Act

    Pub. L. 99–643 § 4(d)(2)(A) · 100 Stat. 3574

    Struck · 42 U.S.C. § 1382c(a)(3)(D)

    Pub. L. 99–643, § 4(d)(2)(A), struck out “, except for purposes of subparagraph (F) or paragraph (4),” after “such criteria”

    Source evidence

    Code amendment note
    Subsec. (a)(3)(D). Pub. L. 99–643, § 4(d)(2)(A), struck out “, except for purposes of subparagraph (F) or paragraph (4),” after “such criteria”.

    Enacted provision · exact public law section
    (A) in subparagraph (D) by striking out “, except for purposes of subparagraph (F) or paragraph (4),”, and

  17. Employment Opportunities for Disabled Americans Act

    Pub. L. 99–643 § 4(d)(2)(B) · 100 Stat. 3574

    1. Redesignated · 42 U.S.C. § 1382c(a)(3)(F)(H)

      Pub. L. 99–643, § 4(d)(2)(B), redesignated subpars. (G) and (H) as (F) and (G), respectively

    2. Struck · 42 U.S.C. § 1382c(a)(3)(F)(H)

      Pub. L. 99–643, § 4(d)(2)(B), struck out former subpar. (F) which read as follows: “For purposes of this subchapter, an individual whose trial work period has ended by application of paragraph (4)(D)(i) shall, subject to section 1382(e)(4) of this title, nonetheless be considered (except for purposes of section 1383(a)(5) of this title) to be disabled through the end of the month preceding the termination month. For purposes of the preceding sentence, the termination month for any individual shall be the earlier of (i) the earliest month after the end of such period of trial work with respect to which such individual is determined to no longer be suffering from a disabling physical or mental impairment, or (ii) the first month, after the period of 15 consecutive months following the end of such period of trial work, in which such individual engages in or is determined to be able to engage in substantial gainful activity.”

    Source evidence

    Code amendment note
    Subsec. (a)(3)(F) to (H). Pub. L. 99–643, § 4(d)(2)(B), redesignated subpars. (G) and (H) as (F) and (G), respectively, and struck out former subpar. (F) which read as follows: “For purposes of this subchapter, an individual whose trial work period has ended by application of paragraph (4)(D)(i) shall, subject to section 1382(e)(4) of this title, nonetheless be considered (except for purposes of section 1383(a)(5) of this title) to be disabled through the end of the month preceding the termination month. For purposes of the preceding sentence, the termination month for any individual shall be the earlier of (i) the earliest month after the end of such period of trial work with respect to which such individual is determined to no longer be suffering from a disabling physical or mental impairment, or (ii) the first month, after the period of 15 consecutive months following the end of such period of trial work, in which such individual engages in or is determined to be able to engage in substantial gainful activity.”

    Enacted provision · exact public law section
    (B) by striking out subparagraph (F), and by redesignating subparagraphs (G) and (H) as subparagraphs (F) and (G), respectively.

  18. Employment Opportunities for Disabled Americans Act

    Pub. L. 99–643 § 4(d)(3)(A) · 100 Stat. 3574

    1. Redesignated · 42 U.S.C. § 1382c(a)(4); 42 U.S.C. § 1382c(a)(5)

      Pub. L. 99–643, § 4(d)(3)(A), redesignated par. (5) as (4)

    2. Struck · 42 U.S.C. § 1382c(a)(4); 42 U.S.C. § 1382c(a)(5)

      Pub. L. 99–643, § 4(d)(3)(A), struck out former par. (4) which read as follows:

    Source evidence

    Code amendment note
    Subsec. (a)(4), (5). Pub. L. 99–643, § 4(d)(3)(A), redesignated par. (5) as (4) and struck out former par. (4) which read as follows:

    “(A) For purposes of this subchapter, any services rendered during a period of trial work (as defined in subparagraph (B)) by an individual who is an aged, blind, or disabled individual solely by reason of disability (as determined under paragraph (3) of this subsection) shall be deemed not to have been rendered by such individual in determining whether his disability has ceased in a month during such period. As used in this paragraph, the term ‘services’ means activity which is performed for remuneration or gain or is determined by the Secretary to be of a type normally performed for remuneration or gain. “(B) The term ‘period of trial work’, with respect to an individual who is an aged, blind, or disabled individual solely by reason of disability (as determined under paragraph (3) of this subsection), means a period of months beginning and ending as provided in subparagraphs (C) and (D). “(C) A period of trial work for any individual shall begin with the month in which he becomes eligible for benefits under this subchapter on the basis of his disability; but no such period may begin for an individual who is eligible for benefits under this subchapter on the basis of a disability if he has had a previous period of trial work while eligible for benefits on the basis of the same disability. “(D) A period of trial work for any individual shall end with the close of whichever of the following months is the earlier: “(i) the ninth month, beginning on or after the first day of such period, in which the individual renders services (whether or not such nine months are consecutive); or “(ii) the month in which his disability (as determined under paragraph (3) of this subsection) ceases (as determined after the application of subparagraph (A) of this paragraph).”

    Enacted provision · exact public law section
    (A) Section 1614(a) of such Act (as amended by paragraph (2)) is further amended by striking out paragraph (4) and by redesignating paragraph (5) as paragraph (4).

  19. Omnibus Budget Reconciliation Act of 1989

    Pub. L. 101–239 § 8009(b) · 103 Stat. 2106

    1. Amended · 42 U.S.C. § 1382c(a)(1)(B)

      Pub. L. 101–239, § 8009(b), designated existing provisions as cl. (i)

    2. Redesignated · 42 U.S.C. § 1382c(a)(1)(B)

      Pub. L. 101–239, § 8009(b), redesignated former cls. (i) and (ii) as subcls. (I) and (II), respectively

    3. Substituted · 42 U.S.C. § 1382c(a)(1)(B)

      Pub. L. 101–239, § 8009(b), substituted “, or” for period at end

    4. Added · 42 U.S.C. § 1382c(a)(1)(B)

      Pub. L. 101–239, § 8009(b), added cl. (ii)

    Source evidence

    Code amendment note
    Subsec. (a)(1)(B). Pub. L. 101–239, § 8009(b), designated existing provisions as cl. (i), redesignated former cls. (i) and (ii) as subcls. (I) and (II), respectively, substituted “, or” for period at end, and added cl. (ii).

    Enacted provision · exact public law section
    (b) Conforming Amendment.— Section 1614(a)(1) (42 U.S.C. 1382c(a)(1)) is amended— (1) in subparagraph (B)— (A) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively; (B) by inserting “(i)” after “(B)”; and (C) by striking the period and inserting “, or”; and (2) by adding after and below subparagraph (B) the following: “(ii) is a child who is a citizen of the United States, who is living with a parent of the child who is a member of the Armed Forces of the United States assigned to permanent duty ashore outside the United States, the District of Columbia, Puerto Rico, and the territories and possessions of the United States, and who, during the month before the parent reported for such assignment, was receiving benefits under this title.”.

  20. Omnibus Budget Reconciliation Act of 1989

    Pub. L. 101–239 § 8012(a) · 103 Stat. 2106

    Amended · 42 U.S.C. § 1382c(b)

    Pub. L. 101–239, § 8012(a), amended first sentence generally. Prior to amendment, first sentence read as follows: “For purposes of this subchapter, the term ‘eligible spouse’ means an aged, blind, or disabled individual who is the husband or wife of another aged, blind, or disabled individual and who has not been living apart from such other aged, blind, or disabled individual for more than six months.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 101–239, § 8012(a), amended first sentence generally. Prior to amendment, first sentence read as follows: “For purposes of this subchapter, the term ‘eligible spouse’ means an aged, blind, or disabled individual who is the husband or wife of another aged, blind, or disabled individual and who has not been living apart from such other aged, blind, or disabled individual for more than six months.”

    Enacted provision · exact public law section
    (a) In General.— Section 1614(b) (42 U.S.C. 1382c(b)) is amended by striking the 1st sentence and inserting “For purposes of this title, the term ‘eligible spouse’ means an aged, blind, or disabled individual who is the husband or wife of another aged, blind, or disabled individual, and who, in a month, is living with such aged, blind, or disabled individual on the first day of the month or, in any case in which either spouse files an application for benefits or requests restoration of eligibility under this title during the month, at the time the application or request is filed.”.

  21. Omnibus Budget Reconciliation Act of 1989

    Pub. L. 101–239 § 8010(a) · 103 Stat. 2106

    1. Amended · 42 U.S.C. § 1382c(f)(2)

      Pub. L. 101–239, § 8010(a), designated existing provisions as subpar. (A)

    2. Added · 42 U.S.C. § 1382c(f)(2)

      Pub. L. 101–239, § 8010(a), added subpar. (B)

    Source evidence

    Code amendment note
    Subsec. (f)(2). Pub. L. 101–239, § 8010(a), designated existing provisions as subpar. (A) and added subpar. (B).

    Enacted provision · exact public law section
    (a) In General.— Section 1614(f)(2) (42 U.S.C. 1382c(f)(2)) is amended— (1) by inserting “(A)” after “(2)”; and (2) by adding at the end the following: “(B) Subparagraph (A) shall not apply in the case of any child who has not attained the age of 18 years who— “(i) is disabled; “(ii) received benefits under this title, pursuant to section 1611(e)(1)(B), while in an institution described in section 1611(e)(1)(B); “(iii) is eligible for medical assistance under a State home care plan approved by the Secretary under the provisions of section 1915(c) relating to waivers, or authorized under section 1902(e)(3); and “(iv) but for this subparagraph, would not be eligible for benefits under this title.”.

  22. Omnibus Budget Reconciliation Act of 1990

    Pub. L. 101–508 title V § 5036(a) · 104 Stat. 1388

    Added · 42 U.S.C. § 1382c(a)(3)(H)

    Pub. L. 101–508 added subpar. (H)

    Source evidence

    Code amendment note
    Subsec. (a)(3)(H). Pub. L. 101–508 added subpar. (H).

    Enacted provision · exact public law section
    (a) In General.— Section 1614(a)(3) (42 U.S.C. 1382c(a)(3)) is amended by adding at the end the following: “(H) In making any determination under this title with respect to the disability of a child who has not attained the age of 18 years and to whom section 221(h) does not apply, the Secretary shall make reasonable efforts to ensure that a qualified pediatrician or other individual who specializes in a field of medicine appropriate to the disability of the child (as determined by the Secretary) evaluates the case of such child.”.

  23. Immigration Act of 1990

    Pub. L. 101–649 title I § 162(e)(5) · 104 Stat. 4978

    Struck · 42 U.S.C. § 1382c(a)(1)(B)(i)

    Pub. L. 101–649 struck out “section 1153(a)(7) or” after “the provisions of”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(B)(i). Pub. L. 101–649 struck out “section 1153(a)(7) or” after “the provisions of”.

    Enacted provision · exact public law section
    (5) Section 1614(a)(1)(B)(i) of the Social Security Act is amended 42 USC 1382c. by striking “section 203(a)(7) or”.

  24. Omnibus Budget Reconciliation Act of 1993

    Pub. L. 103–66 § 13734(a) · 107 Stat. 312

    Substituted · 42 U.S.C. § 1382c(a)(1)(B)(ii)

    Pub. L. 103–66, § 13734(a), substituted “and who, for the month before the parent reported for such assignment, received a benefit under this subchapter” for “the District of Columbia, Puerto Rico, and the territories and possessions of the United States, and who, during the month before the parent reported for such assignment, was receiving benefits under this subchapter”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(B)(ii). Pub. L. 103–66, § 13734(a), substituted “and who, for the month before the parent reported for such assignment, received a benefit under this subchapter” for “the District of Columbia, Puerto Rico, and the territories and possessions of the United States, and who, during the month before the parent reported for such assignment, was receiving benefits under this subchapter”.

    Enacted provision · exact public law section
    (a) In General.— Section 1614(a)(1)(B)(ii) (42 U.S.C. 1382c(a)(1)(B)(ii)) is amended by striking “the District of Columbia” and all that follows to the period and inserting “and who, for the month before the parent reported for such assignment, received a benefit under this title”.

  25. Omnibus Budget Reconciliation Act of 1993

    Pub. L. 103–66 § 13733(a) · 107 Stat. 312

    Added · 42 U.S.C. § 1382c(f)(4)

    Pub. L. 103–66, § 13733(a), added par. (4)

    Source evidence

    Code amendment note
    Subsec. (f)(4). Pub. L. 103–66, § 13733(a), added par. (4).

    Enacted provision · exact public law section
    (a) Absent Person Generally Deemed To Be Living in the Household.— Section 1614(f) (42 U.S.C. 1382c(f)) is amended by adding at the end the following: “(4) For purposes of paragraphs (1) and (2), a spouse or parent (or spouse of such a parent) who is absent from the household in which the individual lives due solely to a duty assignment as a member of the Armed Forces on active duty shall, in the absence of evidence to the contrary, be deemed to be living in the same household as the individual.”.

  26. Pub. L. 103–296 § 201(b)(4)(A) · 108 Stat. 1464

    Inserted · 42 U.S.C. § 1382c(a)(3)(D)

    Pub. L. 103–296, § 201(b)(4)(A), inserted at end “The Secretary shall make determinations under this subchapter with respect to substantial gainful activity, without regard to the legality of the activity.”

    Source evidence

    Code amendment note
    Subsec. (a)(3)(D). Pub. L. 103–296, § 201(b)(4)(A), inserted at end “The Secretary shall make determinations under this subchapter with respect to substantial gainful activity, without regard to the legality of the activity.”

    Enacted provision · exact public law section
    “(B) In determining under subparagraph (A) when services performed or earnings derived from services demonstrate an individual’s ability to engage in substantial gainful activity, the Secretary shall apply the criteria described in subparagraph (A) with respect to services performed by any individual without regard to the legality of such services.”.

  27. Pub. L. 103–296 § 107(a)(4) · 108 Stat. 1464

    1. Amended · 42 U.S.C. § 1382c(a)(3)(D)

      Pub. L. 103–296, § 107(a)(4), in subpar. (D) as amended by Pub. L. 103–296, § 201(b)(4)(A)

    2. Substituted · 42 U.S.C. § 1382c(a)(3)(D)

      Pub. L. 103–296, § 107(a)(4), in subpar. (D) as substituted “Commissioner of Social Security” for “Secretary” wherever appearing

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–296, § 107(a)(4), in subpar. (D) as amended by Pub. L. 103–296, § 201(b)(4)(A), substituted “Commissioner of Social Security” for “Secretary” wherever appearing.

    Enacted provision · exact public law section
    (4) by striking, wherever it appears, each of the following words (but, in the case of any such word only if such word refers to the Secretary of Health and Human Services): “Secretary”, “Secretary’s”, “his”, “him”, “he”, “her”, and “she”, and inserting (in the case of the word “Secretary”) “Commissioner of Social Security”, (in the case of the word “Secretary’s”) “Commissioner’s”, (in the case of the word “his”) “the Commissioner’s”, (in the case of the word “him”) “the Commissioner”, (in the case of the word “her”) “the Commissioner” or “the Commissioner’s”, as may be appropriate, and (in the case of the words “she” or “he”) the Commissioner”,

  28. Pub. L. 103–296 § 107(a)(4) · 108 Stat. 1464

    Substituted · 42 U.S.C. § 1382c(a)(3)(F)

    Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” in two places

    Source evidence

    Code amendment note
    Subsec. (a)(3)(F). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” in two places.

    Enacted provision · exact public law section
    (4) by striking, wherever it appears, each of the following words (but, in the case of any such word only if such word refers to the Secretary of Health and Human Services): “Secretary”, “Secretary’s”, “his”, “him”, “he”, “her”, and “she”, and inserting (in the case of the word “Secretary”) “Commissioner of Social Security”, (in the case of the word “Secretary’s”) “Commissioner’s”, (in the case of the word “his”) “the Commissioner’s”, (in the case of the word “him”) “the Commissioner”, (in the case of the word “her”) “the Commissioner” or “the Commissioner’s”, as may be appropriate, and (in the case of the words “she” or “he”) the Commissioner”,

  29. Pub. L. 103–296 § 107(a)(4) · 108 Stat. 1464

    Substituted · 42 U.S.C. § 1382c(a)(3)(H)

    Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” in two places

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” in two places.

    Enacted provision · exact public law section
    (4) by striking, wherever it appears, each of the following words (but, in the case of any such word only if such word refers to the Secretary of Health and Human Services): “Secretary”, “Secretary’s”, “his”, “him”, “he”, “her”, and “she”, and inserting (in the case of the word “Secretary”) “Commissioner of Social Security”, (in the case of the word “Secretary’s”) “Commissioner’s”, (in the case of the word “his”) “the Commissioner’s”, (in the case of the word “him”) “the Commissioner”, (in the case of the word “her”) “the Commissioner” or “the Commissioner’s”, as may be appropriate, and (in the case of the words “she” or “he”) the Commissioner”,

  30. Pub. L. 103–296 § 107(a)(4) · 108 Stat. 1464

    Substituted · 42 U.S.C. § 1382c(a)(4); 42 U.S.C. § 1382c(a)(c); 42 U.S.C. § 1382c(f)(1); 42 U.S.C. § 1382c(2)(A)

    Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” wherever appearing

    Source evidence

    Code amendment note
    Subsecs. (a)(4), (c), (f)(1), (2)(A). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” wherever appearing.

    Enacted provision · exact public law section
    (4) by striking, wherever it appears, each of the following words (but, in the case of any such word only if such word refers to the Secretary of Health and Human Services): “Secretary”, “Secretary’s”, “his”, “him”, “he”, “her”, and “she”, and inserting (in the case of the word “Secretary”) “Commissioner of Social Security”, (in the case of the word “Secretary’s”) “Commissioner’s”, (in the case of the word “his”) “the Commissioner’s”, (in the case of the word “him”) “the Commissioner”, (in the case of the word “her”) “the Commissioner” or “the Commissioner’s”, as may be appropriate, and (in the case of the words “she” or “he”) the Commissioner”,

  31. Social Security Act Amendments of 1994

    Pub. L. 103–432 § 221(a)(1) · 108 Stat. 4398

    Substituted · 42 U.S.C. § 1382c(a)(3)(A)

    Pub. L. 103–432, § 221(a)(1), substituted “an individual” for “a child” before “under the age of 18”

    Source evidence

    Code amendment note
    Subsec. (a)(3)(A). Pub. L. 103–432, § 221(a)(1), substituted “an individual” for “a child” before “under the age of 18”.

    Enacted provision · exact public law section
    (1) in subparagraphs (A) and (H), by striking “a child” each place it appears and inserting “an individual”; and

  32. Social Security Act Amendments of 1994

    Pub. L. 103–432 § 221(a) · 108 Stat. 4398

    1. Substituted · 42 U.S.C. § 1382c(a)(3)(H)

      Pub. L. 103–432, § 221(a), substituted “an individual” for “a child”

    2. Substituted · 42 U.S.C. § 1382c(a)(3)(H)

      Pub. L. 103–432, § 221(a), substituted “the individual” for “the child”

    3. Substituted · 42 U.S.C. § 1382c(a)(3)(H)

      Pub. L. 103–432, § 221(a), substituted “such individual” for “such child”

    Source evidence

    Code amendment note
    Subsec. (a)(3)(H). Pub. L. 103–432, § 221(a), substituted “an individual” for “a child”, “the individual” for “the child”, and “such individual” for “such child”.

    Enacted provision · exact public law section
    (a) In General.— Section 1614(a)(3) (42 U.S.C. 1382c(a)(3)) is amended— (1) in subparagraphs (A) and (H), by striking “a child” each place it appears and inserting “an individual”; and (2) in subparagraph (H), by striking “child” the second and third place it appears and inserting “individual”.

  33. Senior Citizens’ Right to Work Act of 1996

    Pub. L. 104–121 title I § 105(b)(1) · 110 Stat. 847

    Added · 42 U.S.C. § 1382c(a)(3)(I)

    Pub. L. 104–121 added subpar. (I)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–121 added subpar. (I).

    Enacted provision · exact public law section
    (1) In general.— Section 1614(a)(3) of the Social Security Act (42 U.S.C. 1382c(a)(3)) is amended by adding at the end the following: “(I) Notwithstanding subparagraph (A), an individual shall not be considered to be disabled for purposes of this title if alcoholism or drug addiction would (but for this subparagraph) be a contributing factor material to the Commissioner’s determination that the individual is disabled.”.

  34. Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 211(a)(1) · 110 Stat. 2105

    1. Substituted · 42 U.S.C. § 1382c(a)(3)(A)

      Pub. L. 104–193, § 211(a)(1), (2), substituted “Except as provided in subparagraph (C), an individual” for “An individual”

    2. Struck · 42 U.S.C. § 1382c(a)(3)(A)

      Pub. L. 104–193, § 211(a)(1), (2), struck out “(or, in the case of an individual under the age of 18, if he suffers from any medically determinable physical or mental impairment of comparable severity)” before period at end

    Source evidence

    Code amendment note
    Subsec. (a)(3)(A). Pub. L. 104–193, § 211(a)(1), (2), substituted “Except as provided in subparagraph (C), an individual” for “An individual” and struck out “(or, in the case of an individual under the age of 18, if he suffers from any medically determinable physical or mental impairment of comparable severity)” before period at end.

    Enacted provision · exact public law section
    (1) in subparagraph (A), by striking “An individual” and inserting “Except as provided in subparagraph (C), an individual”;

  35. Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 211(a)(4) · 110 Stat. 2105

    Redesignated · 42 U.S.C. § 1382c(a)(3)(C)

    Pub. L. 104–193, § 211(a)(4), added subpar. (C). Former subpar. (C) redesignated (D)

    Source evidence

    Code amendment note
    Subsec. (a)(3)(C). Pub. L. 104–193, § 211(a)(4), added subpar. (C). Former subpar. (C) redesignated (D).

    Enacted provision · exact public law section
    (4) by inserting after subparagraph (B) the following new subparagraph: “(C) (i) An individual under the age of 18 shall be considered disabled for the purposes of this title if that individual has a medically determinable physical or mental impairment, which results in marked and severe functional limitations, and which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months. “(ii) Notwithstanding clause (i), no individual under the age of 18 who engages in substantial gainful activity (determined in accordance with regulations prescribed pursuant to subparagraph (E)) may be considered to be disabled.”; and

  36. Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 211(a)(3) · 110 Stat. 2105

    Redesignated · 42 U.S.C. § 1382c(a)(3)(D); 42 U.S.C. § 1382c(a)(3)(E)

    Pub. L. 104–193, § 211(a)(3), redesignated pars. (C) and (D) as (D) and (E), respectively. Former par. (E) redesignated (F)

    Source evidence

    Code amendment note
    Subsec. (a)(3)(D), (E). Pub. L. 104–193, § 211(a)(3), redesignated pars. (C) and (D) as (D) and (E), respectively. Former par. (E) redesignated (F).

    Enacted provision · exact public law section
    (3) by redesignating subparagraphs (C) through (I) as subparagraphs (D) through (J), respectively;

  37. Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 211(a)(3) · 110 Stat. 2105

    1. Redesignated · 42 U.S.C. § 1382c(a)(3)(F)

      Pub. L. 104–193, § 211(a)(3), (5), redesignated subpar. (E) as (F)

    2. Redesignated · 42 U.S.C. § 1382c(a)(3)(F)

      Pub. L. 104–193, § 211(a)(3), (5), substituted “subparagraphs (A) through (E)” for “subparagraphs (A) through (D)”. Former subpar. (F) redesignated (G)

    Source evidence

    Code amendment note
    Subsec. (a)(3)(F). Pub. L. 104–193, § 211(a)(3), (5), redesignated subpar. (E) as (F) and substituted “subparagraphs (A) through (E)” for “subparagraphs (A) through (D)”. Former subpar. (F) redesignated (G).

    Enacted provision · exact public law section
    (3) by redesignating subparagraphs (C) through (I) as subparagraphs (D) through (J), respectively;

  38. Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 211(a)(3) · 110 Stat. 2105

    Redesignated · 42 U.S.C. § 1382c(a)(3)(G)

    Pub. L. 104–193, § 211(a)(3), redesignated subpar. (F) as (G). Former subpar. (G) redesignated (H)

    Source evidence

    Code amendment note
    Subsec. (a)(3)(G). Pub. L. 104–193, § 211(a)(3), redesignated subpar. (F) as (G). Former subpar. (G) redesignated (H).

    Enacted provision · exact public law section
    (3) by redesignating subparagraphs (C) through (I) as subparagraphs (D) through (J), respectively;

  39. Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 212(a) · 110 Stat. 2105

    1. Amended · 42 U.S.C. § 1382c(a)(3)(H)

      Pub. L. 104–193, § 212(a), (b)(1), (c), designated existing provisions as cl. (i)

    2. Added · 42 U.S.C. § 1382c(a)(3)(H)

      Pub. L. 104–193, § 212(a), (b)(1), (c), added cls. (ii) to (iv)

    Source evidence

    Code amendment note
    Subsec. (a)(3)(H). Pub. L. 104–193, § 212(a), (b)(1), (c), designated existing provisions as cl. (i) and added cls. (ii) to (iv).

    Enacted provision · exact public law section
    (a) Continuing Disability Reviews Relating to Certain Children.— Section 1614(a)(3)(H) (42 U.S.C. 1382c(a)(3)(H)), as redesignated by section 211(a)(3) of this Act, is amended— (1) by inserting “(i)” after “(H)”; and (2) by adding at the end the following new clause: “(ii) (I) Not less frequently than once every 3 years, the Commissioner shall review in accordance with paragraph (4) the continued eligibility for benefits under this title of each individual who has not attained 18 years of age and is eligible for such benefits by reason of an impairment (or combination of impairments) which is likely to improve (or, at the option of the Commissioner, which is unlikely to improve). “(II) A representative payee of a recipient whose case is reviewed under this clause shall present, at the time of review, evidence demonstrating that the recipient is, and has been, receiving treatment, to the extent considered medically necessary and available, of the condition which was the basis for providing benefits under this title. “(III) If the representative payee refuses to comply without good cause with the requirements of subclause (II), the Commissioner of Social Security shall, if the Commissioner determines it is in the best interest of the individual, promptly suspend payment of benefits to the representative payee, and provide for pay-ment of benefits to an alternative representative payee of the individual or, if the interest of the individual under this title would be served thereby, to the individual. “(IV) Subclause (II) shall not apply to the representative payee of any individual with respect to whom the Commissioner determines such application would be inappropriate or unnecessary. In making such determination, the Commissioner shall take into consideration the nature of the individual’s impairment (or combination of impairments). Section 1631(c) shall not apply to a finding by the Commissioner that the requirements of subclause (II) should not apply to an individual’s representative payee.”.

  40. Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 211(a)(3) · 110 Stat. 2105

    Redesignated · 42 U.S.C. § 1382c(a)(3)(H)

    Pub. L. 104–193, § 211(a)(3), redesignated subpar. (G) as (H). Former subpar. (H) redesignated (I)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–193, § 211(a)(3), redesignated subpar. (G) as (H). Former subpar. (H) redesignated (I).

    Enacted provision · exact public law section
    (3) by redesignating subparagraphs (C) through (I) as subparagraphs (D) through (J), respectively;

  41. Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 211(a)(3) · 110 Stat. 2105

    Redesignated · 42 U.S.C. § 1382c(a)(3)(I)

    Pub. L. 104–193, § 211(a)(3), redesignated subpar. (H) as (I). Former subpar. (I) redesignated (J)

    Source evidence

    Code amendment note
    Subsec. (a)(3)(I). Pub. L. 104–193, § 211(a)(3), redesignated subpar. (H) as (I). Former subpar. (I) redesignated (J).

    Enacted provision · exact public law section
    (3) by redesignating subparagraphs (C) through (I) as subparagraphs (D) through (J), respectively;

  42. Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 211(a)(3) · 110 Stat. 2105

    Redesignated · 42 U.S.C. § 1382c(a)(3)(J)

    Pub. L. 104–193, § 211(a)(3), redesignated subpar. (I) as (J)

    Source evidence

    Code amendment note
    Subsec. (a)(3)(J). Pub. L. 104–193, § 211(a)(3), redesignated subpar. (I) as (J).

    Enacted provision · exact public law section
    (3) by redesignating subparagraphs (C) through (I) as subparagraphs (D) through (J), respectively;

  43. Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 211(c)(7) · 110 Stat. 2105

    1. Inserted · 42 U.S.C. § 1382c(a)(4)

      Pub. L. 104–193, § 211(c)(7), as amended by Pub. L. 105–33, § 5522(d), in first sentence of concluding provisions inserted “(i)” before “to restore” and “, or” before “(ii)”

    2. Added · 42 U.S.C. § 1382c(a)(4)

      Pub. L. 104–193, § 211(c)(7), as added cl. (ii)

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 104–193, § 211(c)(7), as amended by Pub. L. 105–33, § 5522(d), in first sentence of concluding provisions inserted “(i)” before “to restore” and “, or” before “(ii)” and added cl. (ii).

    Enacted provision · exact public law section
    (7) in the first sentence following subparagraph (C) (as redesignated by paragraph (6)), by— (A) inserting “(i)” before “to restore”; and (B) inserting or (ii) in the case of an individual under the age of 18, to eliminate or improve the individual’s impairment or combination of impairments so that it no longer results in marked and severe functional limitations” immediately before the period.

  44. Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 211(c)(1) · 110 Stat. 2105

    1. Amended · 42 U.S.C. § 1382c(a)(4)

      Pub. L. 104–193, § 211(c)(1)–(6), as amended by Pub. L. 105–33, § 5522(d)

    2. Inserted · 42 U.S.C. § 1382c(a)(4)

      Pub. L. 104–193, § 211(c)(1)–(6), as inserted “(A) in the case of an individual who is age 18 or older—” after “if such finding is supported by—”

    3. Redesignated · 42 U.S.C. § 1382c(a)(4)

      Pub. L. 104–193, § 211(c)(1)–(6), as redesignated former subpars. (A) to (C) as cls. (i) to (iii), respectively, in cl. (i) redesignated former cls. (i) and (ii) as subcls. (I) and (II), respectively, in cl. (ii) redesignated former cls. (i) and (ii) as subcls. (I) and (II), respectively, in subcls. (I) and (II) of cl. (ii) redesignated former subcls. (I) and (II) as items (aa) and (bb), respectively

    4. Added · 42 U.S.C. § 1382c(a)(4)

      Pub. L. 104–193, § 211(c)(1)–(6), as added subpar. (B)

    5. Redesignated · 42 U.S.C. § 1382c(a)(4)

      Pub. L. 104–193, § 211(c)(1)–(6), as redesignated former subpar. (D) as (C)

    6. Inserted · 42 U.S.C. § 1382c(a)(4)

      Pub. L. 104–193, § 211(c)(1)–(6), as inserted “in the case of any individual,” before “substantial evidence” in that subpar

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–193, § 211(c)(1)–(6), as amended by Pub. L. 105–33, § 5522(d), inserted “(A) in the case of an individual who is age 18 or older—” after “if such finding is supported by—”, redesignated former subpars. (A) to (C) as cls. (i) to (iii), respectively, in cl. (i) redesignated former cls. (i) and (ii) as subcls. (I) and (II), respectively, in cl. (ii) redesignated former cls. (i) and (ii) as subcls. (I) and (II), respectively, in subcls. (I) and (II) of cl. (ii) redesignated former subcls. (I) and (II) as items (aa) and (bb), respectively, added subpar. (B), redesignated former subpar. (D) as (C), and inserted “in the case of any individual,” before “substantial evidence” in that subpar.

    Enacted provision · exact public law section
    (1) by redesignating subclauses (I) and (II) of clauses (i) and (ii) of subparagraph (B) as items (aa) and (bb), respectively;

  45. Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 204(c)(1) · 110 Stat. 2105

    1. Substituted · 42 U.S.C. § 1382c(b)

      Pub. L. 104–193, § 204(c)(1), substituted “, on the first day of the month following the date the application is filed, or, in any case in which either spouse requests” for “or requests”

    2. Struck · 42 U.S.C. § 1382c(b)

      Pub. L. 104–193, § 204(c)(1), struck out “application or” before “request is filed.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 104–193, § 204(c)(1), substituted “, on the first day of the month following the date the application is filed, or, in any case in which either spouse requests” for “or requests” and struck out “application or” before “request is filed.”

    Enacted provision · exact public law section
    (1) Section 1614(b) (42 U.S.C. 1382c(b)) is amended— (A) by striking “or requests” and inserting “, on the first day of the month following the date the application is filed, or, in any case in which either spouse requests”; and (B) by striking “application or”.

  46. Balanced Budget Act of 1997

    Pub. L. 105–33 § 5522(a)(1) · 111 Stat. 251

    1. Added · 42 U.S.C. § 1382c(a)(3)(H)(iii)

      Pub. L. 105–33, § 5522(a)(1), added subcls. (I) and (II) and concluding provisions

    2. Struck · 42 U.S.C. § 1382c(a)(3)(H)(iii)

      Pub. L. 105–33, § 5522(a)(1), struck out former subcls. (I) and (II) and concluding provisions which read as follows:

    Source evidence

    Code amendment note
    Subsec. (a)(3)(H)(iii). Pub. L. 105–33, § 5522(a)(1), added subcls. (I) and (II) and concluding provisions and struck out former subcls. (I) and (II) and concluding provisions which read as follows:

    “(I) during the 1-year period beginning on the individual’s 18th birthday; and “(II) by applying the criteria used in determining the initial eligibility for applicants who are age 18 or older. With respect to a redetermination under this clause, paragraph (4) shall not apply and such redetermination shall be considered a substitute for a review or redetermination otherwise required under any other provision of this subparagraph during that 1-year period.”

    Enacted provision · exact public law section
    (1) Disability eligibility redeterminations required for ssi recipients who attain 18 years of age.— Section 1614(a)(3)(H)(iii) (42 U.S.C. 1382c(a)(3)(H)(iii)) is amended by striking subclauses (I) and (II) and all that follows and inserting the following: “(I) by applying the criteria used in determining initial eligibility for individuals who are age 18 or older; and “(II) either during the 1-year period beginning on the individual’s 18th birthday or, in lieu of a continuing disability review, whenever the Commissioner determines that an individual’s case is subject to a redetermination under this clause. With respect to any redetermination under this clause, paragraph (4) shall not apply.”.

  47. Balanced Budget Act of 1997

    Pub. L. 105–33 § 5522(a)(2) · 111 Stat. 251

    1. Substituted · 42 U.S.C. § 1382c(a)(3)(H)(iv)

      Pub. L. 105–33, § 5522(a)(2), substituted “Except as provided in subclause (VI), not” for “Not” in subcl. (I)

    2. Added · 42 U.S.C. § 1382c(a)(3)(H)(iv)

      Pub. L. 105–33, § 5522(a)(2), added subcl. (VI)

    Source evidence

    Code amendment note
    Subsec. (a)(3)(H)(iv). Pub. L. 105–33, § 5522(a)(2), substituted “Except as provided in subclause (VI), not” for “Not” in subcl. (I) and added subcl. (VI).

    Enacted provision · exact public law section
    (2) Continuing disability review required for low birth weight babies.— Section 1614(a)(3)(H)(iv) (42 U.S.C. 1382c(a)(3)(H)(iv)) is amended— (A) in subclause (I), by striking “Not” and inserting “Except as provided in subclause (VI), not”; and (B) by adding at the end the following: “(VI) Subclause (I) shall not apply in the case of an individual described in that subclause who, at the time of the individual’s initial disability determination, the Commissioner determines has an impairment that is not expected to improve within 12 months after the birth of that individual, and who the Commissioner schedules for a continuing disability review at a date that is after the individual attains 1 year of age.”.

  48. Balanced Budget Act of 1997

    Pub. L. 105–33 § 5522(d) · 111 Stat. 251

    Changed · 42 U.S.C. § 1382c(a)(4)

    Pub. L. 105–33, § 5522(d), made technical correction to directory language of Pub. L. 104–193, § 211(c). See 1996 Amendment notes below

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 105–33, § 5522(d), made technical correction to directory language of Pub. L. 104–193, § 211(c). See 1996 Amendment notes below.

    Enacted provision · exact public law section
    (d) Correction of U.S.C. Citation.— Section 211(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104–193; 110 Stat. 2189) is amended by striking 42 USC 1382c. “1382(a)(4)” and inserting “1382c(a)(4)”.

  49. Pub. L. 108–203 title IV § 434(a) · 118 Stat. 493

    1. Inserted · 42 U.S.C. § 1382c(a)(1)(B)(ii)

      Pub. L. 108–203 inserted “and” after “citizen of the United States,”

    2. Struck · 42 U.S.C. § 1382c(a)(1)(B)(ii)

      Pub. L. 108–203 struck out “, and who, for the month before the parent reported for such assignment, received a benefit under this subchapter” before period at end

    Source evidence

    Code amendment note
    Subsec. (a)(1)(B)(ii). Pub. L. 108–203 inserted “and” after “citizen of the United States,” and struck out “, and who, for the month before the parent reported for such assignment, received a benefit under this subchapter” before period at end.

    Enacted provision · exact public law section
    (a) In General.— Section 1614(a)(1)(B)(ii) of the Social Security Act (42 U.S.C. 1382c(a)(1)(B)(ii)) is amended— (1) by inserting “and” after “citizen of the United States,”; and (2) by striking “, and who,” and all that follows and inserting a period.

    Effective date note
    Pub. L. 108–203, title IV, § 434(b), Mar. 2, 2004, 118 Stat. 540, provided that: “The amendments made by this section [amending this section] shall be effective with respect to benefits payable for months beginning after the date of enactment of this Act [Mar. 2, 2004], but only on the basis of an application filed after such date.”

72 of 72 references resolved to an enrolled provision

Editorial Notes

Amendments1973–2004 · 11 rounds

2004

Subsec. (a)(1)(B)(ii). Pub. L. 108–203 inserted “and” after “citizen of the United States,” and struck out “, and who, for the month before the parent reported for such assignment, received a benefit under this subchapter” before period at end.

1997

Subsec. (a)(3)(H)(iii). Pub. L. 105–33, § 5522(a)(1), added subcls. (I) and (II) and concluding provisions and struck out former subcls. (I) and (II) and concluding provisions which read as follows:

“(I) during the 1-year period beginning on the individual’s 18th birthday; and

“(II) by applying the criteria used in determining the initial eligibility for applicants who are age 18 or older.

With respect to a redetermination under this clause, paragraph (4) shall not apply and such redetermination shall be considered a substitute for a review or redetermination otherwise required under any other provision of this subparagraph during that 1-year period.”

Subsec. (a)(3)(H)(iv). Pub. L. 105–33, § 5522(a)(2), substituted “Except as provided in subclause (VI), not” for “Not” in subcl. (I) and added subcl. (VI).

Subsec. (a)(4). Pub. L. 105–33, § 5522(d), made technical correction to directory language of Pub. L. 104–193, § 211(c). See 1996 Amendment notes below.

1996

Subsec. (a)(3)(A). Pub. L. 104–193, § 211(a)(1), (2), substituted “Except as provided in subparagraph (C), an individual” for “An individual” and struck out “(or, in the case of an individual under the age of 18, if he suffers from any medically determinable physical or mental impairment of comparable severity)” before period at end.

Subsec. (a)(3)(C). Pub. L. 104–193, § 211(a)(4), added subpar. (C). Former subpar. (C) redesignated (D).

Subsec. (a)(3)(D), (E). Pub. L. 104–193, § 211(a)(3), redesignated pars. (C) and (D) as (D) and (E), respectively. Former par. (E) redesignated (F).

Subsec. (a)(3)(F). Pub. L. 104–193, § 211(a)(3), (5), redesignated subpar. (E) as (F) and substituted “subparagraphs (A) through (E)” for “subparagraphs (A) through (D)”. Former subpar. (F) redesignated (G).

Subsec. (a)(3)(G). Pub. L. 104–193, § 211(a)(3), redesignated subpar. (F) as (G). Former subpar. (G) redesignated (H).

Subsec. (a)(3)(H). Pub. L. 104–193, § 212(a), (b)(1), (c), designated existing provisions as cl. (i) and added cls. (ii) to (iv).

Pub. L. 104–193, § 211(a)(3), redesignated subpar. (G) as (H). Former subpar. (H) redesignated (I).

Subsec. (a)(3)(I). Pub. L. 104–193, § 211(a)(3), redesignated subpar. (H) as (I). Former subpar. (I) redesignated (J).

Pub. L. 104–121 added subpar. (I).

Subsec. (a)(3)(J). Pub. L. 104–193, § 211(a)(3), redesignated subpar. (I) as (J).

Subsec. (a)(4). Pub. L. 104–193, § 211(c)(7), as amended by Pub. L. 105–33, § 5522(d), in first sentence of concluding provisions inserted “(i)” before “to restore” and “, or” before “(ii)” and added cl. (ii).

Pub. L. 104–193, § 211(c)(1)–(6), as amended by Pub. L. 105–33, § 5522(d), inserted “(A) in the case of an individual who is age 18 or older—” after “if such finding is supported by—”, redesignated former subpars. (A) to (C) as cls. (i) to (iii), respectively, in cl. (i) redesignated former cls. (i) and (ii) as subcls. (I) and (II), respectively, in cl. (ii) redesignated former cls. (i) and (ii) as subcls. (I) and (II), respectively, in subcls. (I) and (II) of cl. (ii) redesignated former subcls. (I) and (II) as items (aa) and (bb), respectively, added subpar. (B), redesignated former subpar. (D) as (C), and inserted “in the case of any individual,” before “substantial evidence” in that subpar.

Subsec. (b). Pub. L. 104–193, § 204(c)(1), substituted “, on the first day of the month following the date the application is filed, or, in any case in which either spouse requests” for “or requests” and struck out “application or” before “request is filed.”

1994

Subsec. (a)(3)(A). Pub. L. 103–432, § 221(a)(1), substituted “an individual” for “a child” before “under the age of 18”.

Subsec. (a)(3)(D). Pub. L. 103–296, § 201(b)(4)(A), inserted at end “The Secretary shall make determinations under this subchapter with respect to substantial gainful activity, without regard to the legality of the activity.”

Pub. L. 103–296, § 107(a)(4), in subpar. (D) as amended by Pub. L. 103–296, § 201(b)(4)(A), substituted “Commissioner of Social Security” for “Secretary” wherever appearing.

Subsec. (a)(3)(F). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” in two places.

Subsec. (a)(3)(H). Pub. L. 103–432, § 221(a), substituted “an individual” for “a child”, “the individual” for “the child”, and “such individual” for “such child”.

Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” in two places.

Subsecs. (a)(4), (c), (f)(1), (2)(A). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” wherever appearing.

1993

Subsec. (a)(1)(B)(ii). Pub. L. 103–66, § 13734(a), substituted “and who, for the month before the parent reported for such assignment, received a benefit under this subchapter” for “the District of Columbia, Puerto Rico, and the territories and possessions of the United States, and who, during the month before the parent reported for such assignment, was receiving benefits under this subchapter”.

Subsec. (f)(4). Pub. L. 103–66, § 13733(a), added par. (4).

1990

Subsec. (a)(1)(B)(i). Pub. L. 101–649 struck out “section 1153(a)(7) or” after “the provisions of”.

Subsec. (a)(3)(H). Pub. L. 101–508 added subpar. (H).

1989

Subsec. (a)(1)(B). Pub. L. 101–239, § 8009(b), designated existing provisions as cl. (i), redesignated former cls. (i) and (ii) as subcls. (I) and (II), respectively, substituted “, or” for period at end, and added cl. (ii).

Subsec. (b). Pub. L. 101–239, § 8012(a), amended first sentence generally. Prior to amendment, first sentence read as follows: “For purposes of this subchapter, the term ‘eligible spouse’ means an aged, blind, or disabled individual who is the husband or wife of another aged, blind, or disabled individual and who has not been living apart from such other aged, blind, or disabled individual for more than six months.”

Subsec. (f)(2). Pub. L. 101–239, § 8010(a), designated existing provisions as subpar. (A) and added subpar. (B).

1986

Subsec. (a)(3)(D). Pub. L. 99–643, § 4(d)(2)(A), struck out “, except for purposes of subparagraph (F) or paragraph (4),” after “such criteria”.

Subsec. (a)(3)(F) to (H). Pub. L. 99–643, § 4(d)(2)(B), redesignated subpars. (G) and (H) as (F) and (G), respectively, and struck out former subpar. (F) which read as follows: “For purposes of this subchapter, an individual whose trial work period has ended by application of paragraph (4)(D)(i) shall, subject to section 1382(e)(4) of this title, nonetheless be considered (except for purposes of section 1383(a)(5) of this title) to be disabled through the end of the month preceding the termination month. For purposes of the preceding sentence, the termination month for any individual shall be the earlier of (i) the earliest month after the end of such period of trial work with respect to which such individual is determined to no longer be suffering from a disabling physical or mental impairment, or (ii) the first month, after the period of 15 consecutive months following the end of such period of trial work, in which such individual engages in or is determined to be able to engage in substantial gainful activity.”

Subsec. (a)(4), (5). Pub. L. 99–643, § 4(d)(3)(A), redesignated par. (5) as (4) and struck out former par. (4) which read as follows:

“(A) For purposes of this subchapter, any services rendered during a period of trial work (as defined in subparagraph (B)) by an individual who is an aged, blind, or disabled individual solely by reason of disability (as determined under paragraph (3) of this subsection) shall be deemed not to have been rendered by such individual in determining whether his disability has ceased in a month during such period. As used in this paragraph, the term ‘services’ means activity which is performed for remuneration or gain or is determined by the Secretary to be of a type normally performed for remuneration or gain.

“(B) The term ‘period of trial work’, with respect to an individual who is an aged, blind, or disabled individual solely by reason of disability (as determined under paragraph (3) of this subsection), means a period of months beginning and ending as provided in subparagraphs (C) and (D).

“(C) A period of trial work for any individual shall begin with the month in which he becomes eligible for benefits under this subchapter on the basis of his disability; but no such period may begin for an individual who is eligible for benefits under this subchapter on the basis of a disability if he has had a previous period of trial work while eligible for benefits on the basis of the same disability.

“(D) A period of trial work for any individual shall end with the close of whichever of the following months is the earlier:

“(i) the ninth month, beginning on or after the first day of such period, in which the individual renders services (whether or not such nine months are consecutive); or

“(ii) the month in which his disability (as determined under paragraph (3) of this subsection) ceases (as determined after the application of subparagraph (A) of this paragraph).”

1984

Subsec. (a)(3)(E). Pub. L. 98–369, § 2663(g)(6), realigned margin of subpar. (E).

Subsec. (a)(3)(G). Pub. L. 98–460, § 4(b), added subpar. (G).

Subsec. (a)(3)(H). Pub. L. 98–460, § 8(b), added subpar. (H).

Pub. L. 98–460, § 3(a)(2), inserted reference to section 423(d)(5) of this title.

Pub. L. 98–460, § 10(b), inserted reference to section 421(k) of this title.

Subsec. (a)(5). Pub. L. 98–460, § 2(c), added par. (5).

Subsec. (d)(1). Pub. L. 98–369, § 2663(g)(7), substituted “man and woman” for “man and women”.

1980

Subsec. (a)(3)(D). Pub. L. 96–265, § 302(a)(2), inserted provisions relating to extraordinary work expenses due to severe disability.

Pub. L. 96–265, § 303(c)(1)(B), substituted reference to subparagraph (F) or paragraph (4) for reference to paragraph (4).

Subsec. (a)(3)(F). Pub. L. 96–265, § 303(c)(1)(A), added subpar. (F).

Subsec. (f)(2). Pub. L. 96–265, § 203(a), substituted “under age 18” for “under age 21”.

Subsec. (f)(3). Pub. L. 96–265, § 504(a), added par. (3).

1973

Subsec. (a)(3)(A). Pub. L. 93–233, § 9(1), struck out last sentence defining a disabled individual as one permanently and totally disabled as defined under a State plan approved under subchapter XIV or XVI of this chapter as in effect for 1972 and receiving aid under such plan (on the basis of disability for December 1973, so long as the individual is continuously disabled as so defined, which provisions were covered in subsec. (a)(3)(E) of this section.

Subsec. (a)(3)(E). Pub. L. 93–233, § 9(2), incorporated provisions of last sentence of subpar. (A) in provisions designated as subpar. (E) and inserted introductory text “Notwithstanding the provisions of subparagraphs (A) through (D)” and parenthetical phrase “(and for at least one month prior to July 1973)” after “December 1973”.

Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment

Pub. L. 108–203, title IV, § 434(b), , 118 Stat. 540, provided that: “The amendments made by this section [amending this section] shall be effective with respect to benefits payable for months beginning after the date of enactment of this Act [], but only on the basis of an application filed after such date.”

Effective Date of 1997 Amendment

Amendment by Pub. L. 105–33 effective as if included in the enactment of title II of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104–193, see section 5528(a) of Pub. L. 105–33, set out as a note under section 903 of this title.

Effective Date of 1996 Amendment

Amendment by section 204(c)(1) of Pub. L. 104–193 applicable to applications for benefits under this subchapter filed on or after , without regard to whether regulations have been issued to implement amendments by section 204 of Pub. L. 104–193, see section 204(d) of Pub. L. 104–193, set out as a note under section 1382 of this title.

Pub. L. 104–193, title II, § 211(d), , 110 Stat. 2190, as amended by Pub. L. 105–33, title V, § 5101, , 111 Stat. 595, provided that:

“(1)

Effective dates.—

“(A)

Subsections (a) and (b).—

“(i)

In general.—

The provisions of, and amendments made by, subsections (a) [amending this section] and (b) [110 Stat. 2189] of this section shall apply to any individual who applies for, or whose claim is finally adjudicated with respect to, benefits under title XVI of the Social Security Act [42 U.S.C. 1381 et seq.] on or after the date of the enactment of this Act [], without regard to whether regulations have been issued to implement such provisions and amendments.

“(ii)

Determination of final adjudication.—

For purposes of clause (i), no individual’s claim with respect to such benefits may be considered to be finally adjudicated before such date of enactment if, on or after such date, there is pending a request for either administrative or judicial review with respect to such claim that has been denied in whole, or there is pending, with respect to such claim, readjudication by the Commissioner of Social Security pursuant to relief in a class action or implementation by the Commissioner of a court remand order.

“(B)

Subsection (c).—

The amendments made by subsection (c) of this section [amending this section] shall apply with respect to benefits under title XVI of the Social Security Act for months beginning on or after the date of the enactment of this Act, without regard to whether regulations have been issued to implement such amendments.

“(2)

Application to current recipients.—

“(A)

Eligibility redeterminations.—

During the period beginning on the date of the enactment of this Act [] and ending on the date which is 18 months after such date of enactment, the Commissioner of Social Security shall redetermine the eligibility of any individual under age 18 who is eligible for supplemental security income benefits by reason of disability under title XVI of the Social Security Act [42 U.S.C. 1381 et seq.] as of the date of the enactment of this Act and whose eligibility for such benefits may terminate by reason of the provisions of, or amendments made by, subsections (a) and (b) of this section. Any redetermination required by the preceding sentence that is not performed before the end of the period described in the preceding sentence shall be performed as soon as is practicable thereafter. With respect to any redetermination under this subparagraph—

“(i)

section 1614(a)(4) of the Social Security Act (42 U.S.C. 1382c(a)(4)) shall not apply;

“(ii)

the Commissioner of Social Security shall apply the eligibility criteria for new applicants for benefits under title XVI of such Act;

“(iii)

the Commissioner shall give such redetermination priority over all continuing eligibility reviews and other reviews under such title; and

“(iv)

such redetermination shall be counted as a review or redetermination otherwise required to be made under section 208 of the Social Security Independence and Program Improvements Act of 1994 [Pub. L. 103–296, set out as a note under section 1382 of this title] or any other provision of title XVI of the Social Security Act.

“(B)

Grandfather provision.—

The provisions of, and amendments made by, subsections (a) [amending this section] and (b) [110 Stat. 2189] of this section, and the redetermination under subparagraph (A), shall only apply with respect to the benefits of an individual described in subparagraph (A) for months beginning on or after the later of , or the date of the redetermination with respect to such individual.

“(C)

Notice.—

Not later than , the Commissioner of Social Security shall notify an individual described in subparagraph (A) of the provisions of this paragraph. Before commencing a redetermination under the 2nd sentence of subparagraph (A), in any case in which the individual involved has not already been notified of the provisions of this paragraph, the Commissioner of Social Security shall notify the individual involved of the provisions of this paragraph.

“(3)

Report.—

The Commissioner of Social Security shall report to the Congress regarding the progress made in implementing the provisions of, and amendments made by, this section [amending this section, sections 665e and 901 of Title 2, The Congress, and provisions set out as a note under section 401 of this title] on child disability evaluations not later than 180 days after the date of the enactment of this Act [].

“(4)

Regulations.—

Notwithstanding any other provision of law, the Commissioner of Social Security shall submit for review to the committees of jurisdiction in the Congress any final regulation pertaining to the eligibility of individuals under age 18 for benefits under title XVI of the Social Security Act [42 U.S.C. 1381 et seq.] at least 45 days before the effective date of such regulation. The submission under this paragraph shall include supporting documentation providing a cost analysis, workload impact, and projections as to how the regulation will effect the future number of recipients under such title.

“(5)

Cap adjustment for ssi administrative work required by welfare reform.—

“(A)

Authorization.—

For the additional costs of continuing disability reviews and redeterminations under title XVI of the Social Security Act, there is hereby authorized to be appropriated to the Social Security Administration, in addition to amounts authorized under section 201(g)(1)(A) of the Social Security Act [42 U.S.C. 401(g)(1)(A)], $150,000,000 in fiscal year 1997 and $100,000,000 in fiscal year 1998.

“(B)

Cap adjustment.—

[Amended section 901 of Title 2, The Congress.]

“(C)

Adjustments.—

[Amended section 665e of Title 2.]

“(D)

Conforming amendment.—

[Amended section 103(d)(1) of Pub. L. 104–121, set out as a note under section 401 of this title.]

“(6)

Benefits under title xvi.—

For purposes of this subsection, the term ‘benefits under title XVI of the Social Security Act’ includes supplementary payments pursuant to an agreement for Federal administration under section 1616(a) of the Social Security Act [42 U.S.C. 1382e(a)], and payments pursuant to an agreement entered into under section 212(b) of Public Law 93–66 [set out as a note under section 1382 of this title].”

Pub. L. 104–193, title II, § 212(d), , 110 Stat. 2194, provided that: “The amendments made by this section [amending this section and repealing provisions set out as a note under section 1383 of this title] shall apply to benefits for months beginning on or after the date of the enactment of this Act [], without regard to whether regulations have been issued to implement such amendments.”

Amendment by Pub. L. 104–121 applicable to individual who applies for, or whose claim is finally adjudicated with respect to, supplemental security income benefits under this subchapter based on disability on or after , with special rule in case of individual who has applied for, and whose claim has been finally adjudicated with respect to, such benefits before , see section 105(b)(5) of Pub. L. 104–121, set out as a note under section 1382 of this title.

Effective Date of 1994 Amendment

Pub. L. 103–432, title II, § 221(b), , 108 Stat. 4462, provided that: “The amendments made by subsection (a) [amending this section] shall apply to determinations made on or after the date of the enactment of this Act [].”

Amendment by section 107(a)(4) of Pub. L. 103–296 effective , see section 110(a) of Pub. L. 103–296, set out as a note under section 401 of this title.

Pub. L. 103–296, title II, § 201(b)(4)(B), , 108 Stat. 1505, provided that: “The amendment made by subparagraph (A) [amending this section] shall take effect on the date of the enactment of this Act [].”

Effective Date of 1993 Amendment

Amendment by section 13733(a) of Pub. L. 103–66 effective on first day of second month that begins after , see section 13733(c) of Pub. L. 103–66, set out as a note under section 1382a of this title.

Pub. L. 103–66, title XIII, § 13734(b), , 107 Stat. 662, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the 1st day of the 3rd month that begins after the date of the enactment of this Act [].”

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–649 effective , and applicable beginning with fiscal year 1992, see section 161(a) of Pub. L. 101–649, set out as a note under section 1101 of Title 8, Aliens and Nationality.

Pub. L. 101–508, title V, § 5036(b), , 104 Stat. 1388–226, provided that: “The amendment made by subsection (a) [amending this section] shall apply to determinations made 6 or more months after the date of the enactment of this Act [].”

Effective Date of 1989 Amendment

Amendment by section 8009(b) of Pub. L. 101–239 applicable with respect to benefits for months after March 1990, see section 8009(c) of Pub. L. 101–239, set out as a note under section 1382 of this title.

Amendment by section 8010(a) of Pub. L. 101–239 effective on 1st day of 6th calendar month beginning after , see section 8010(c) of Pub. L. 101–239, set out as a note under section 1382 of this title.

Pub. L. 101–239, title VIII, § 8012(b), , 103 Stat. 2464, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on .”

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–643 effective , except as otherwise provided, see section 10(b) of Pub. L. 99–643, set out as a note under section 1396a of this title.

Effective Date of 1984 Amendment

Amendment by section 2(c) of Pub. L. 98–460 applicable to determinations made by the Secretary on or after , with certain enumerated exceptions and qualifications, see section 2(d) of Pub. L. 98–460, set out as a note under section 423 of this title.

Amendment by section 3(a)(2) of Pub. L. 98–460 applicable to determinations made prior to , see section 3(a)(3) of Pub. L. 98–460, set out as a note under section 423 of this title.

Amendment by section 4(b) of Pub. L. 98–460 applicable with respect to determinations made on or after the first day of the first month beginning after 30 days after , see section 4(c) of Pub. L. 98–460, set out as a note under section 423 of this title.

Amendment by section 8(b) of Pub. L. 98–460 applicable to determinations made after 60 days after , see section 8(c) of Pub. L. 98–460, set out as a note under section 421 of this title.

Amendment by Pub. L. 98–369 effective , but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see section 2664(b) of Pub. L. 98–369, set out as a note under section 401 of this title.

Effective Date of 1980 Amendment

Pub. L. 96–265, title II, § 203(b), , 94 Stat. 449, provided that: “The amendment made by subsection (a) [amending this section] shall become effective on ; except that the amendment made by such subsection shall not apply, in the case of any child who, in September 1980, was 18 or over and received a supplemental security income benefit for such month, during any period for which such benefit would be greater without the application of such amendment.”

Amendment by section 302(a)(2) of Pub. L. 96–265 applicable with respect to expenses incurred on or after the first day of the sixth month which begins after , see section 302(c) of Pub. L. 96–265, set out as a note under section 423 of this title.

Amendment by section 303(c)(1) of Pub. L. 96–265 effective on first day of sixth month which begins after , and applicable with respect to any individual whose disability has not been determined to have ceased prior to such first day, see section 303(d) of Pub. L. 96–265, set out as a note under section 402 of this title.

Amendment by section 504(a) of Pub. L. 96–265 effective with respect to individuals applying for supplemental security income benefits under this subchapter for the first time after , see section 504(c) of Pub. L. 96–265, set out as an Effective Date note under section 1382j of this title.

Effective Date

Pub. L. 92–603, title III, § 301, , 86 Stat. 1465, provided that this section is effective .

Regulations

For provisions requiring Secretary of Health and Human Services to prescribe regulations necessary to implement amendment to this section [adding subsec. (a)(5)] by section 2(c) of Pub. L. 98–460 not later than 180 days after , see section 2(g) of Pub. L. 98–460, set out as a note under section 423 of this title.

Retroactive Benefits

For provisions relating to entitlement to retroactive benefits under section 2 of Pub. L. 98–460, which added subsec. (a)(5) of this section, see section 2(f) of Pub. L. 98–460, set out as a note under section 423 of this title.

Application to Northern Mariana Islands

For applicability of this section to the Northern Mariana Islands, see section 502(a)(1) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America and Proc. No. 4534, , 42 F.R. 6593, set out as notes under section 1801 of Title 48, Territories and Insular Possessions.

Puerto Rico, Guam, and Virgin Islands

Enactment of provisions of Pub. L. 92–603, eff. , not applicable to Puerto Rico, Guam, and the Virgin Islands, see section 303(b) of Pub. L. 92–603, set out as a note under section 301 of this title.

Credits

1935–2004 · 16 acts
  1. 1935Aug. 14, 1935, ch. 531, title XVI, § 1614, as added Pub. L. 92–603, title III, § 301, , 86 Stat. 1471
  2. 1973amended Pub. L. 93–233, § 9, , 87 Stat. 957
  3. 1980Pub. L. 96–265, title II, § 203(a), title III, §§ 302(a)(2), 303(c)(1), title V, § 504(a), , 94 Stat. 449, 450, 453, 471
  4. 1984Pub. L. 98–369, div. B, title VI, § 2663(g)(6), (7), , 98 Stat. 1168, 1169
  5. 1984Pub. L. 98–460, §§ 2(c), 3(a)(2), 4(b), 8(b), 10(b), , 98 Stat. 1796, 1799, 1800, 1804, 1805
  6. 1986Pub. L. 99–643, § 4(d)(2), (3)(A), , 100 Stat. 3577
  7. 1989Pub. L. 101–239, title VIII, §§ 8009(b), 8010(a), 8012(a), , 103 Stat. 2463, 2464
  8. 1990Pub. L. 101–508, title V, § 5036(a), , 104 Stat. 1388–225
  9. 1990Pub. L. 101–649, title I, § 162(e)(5), , 104 Stat. 5011
  10. 1993Pub. L. 103–66, title XIII, §§ 13733(a), 13734(a), , 107 Stat. 662
  11. 1994Pub. L. 103–296, title I, § 107(a)(4), title II, § 201(b)(4)(A), , 108 Stat. 1478, 1505
  12. 1994Pub. L. 103–432, title II, § 221(a), , 108 Stat. 4462
  13. 1996Pub. L. 104–121, title I, § 105(b)(1), , 110 Stat. 853
  14. 1996Pub. L. 104–193, title II, §§ 204(c)(1), 211(a), (c), 212(a), (b)(1), (c), , 110 Stat. 2188, 2189, 2192, 2193
  15. 1997Pub. L. 105–33, title V, § 5522(a), (d), , 111 Stat. 622, 623
  16. 2004Pub. L. 108–203, title IV, § 434(a), , 118 Stat. 540.
Show as published

(Aug. 14, 1935, ch. 531, title XVI, § 1614, as added Pub. L. 92–603, title III, § 301, , 86 Stat. 1471; amended Pub. L. 93–233, § 9, , 87 Stat. 957; Pub. L. 96–265, title II, § 203(a), title III, §§ 302(a)(2), 303(c)(1), title V, § 504(a), , 94 Stat. 449, 450, 453, 471; Pub. L. 98–369, div. B, title VI, § 2663(g)(6), (7), , 98 Stat. 1168, 1169; Pub. L. 98–460, §§ 2(c), 3(a)(2), 4(b), 8(b), 10(b), , 98 Stat. 1796, 1799, 1800, 1804, 1805; Pub. L. 99–643, § 4(d)(2), (3)(A), , 100 Stat. 3577; Pub. L. 101–239, title VIII, §§ 8009(b), 8010(a), 8012(a), , 103 Stat. 2463, 2464; Pub. L. 101–508, title V, § 5036(a), , 104 Stat. 1388–225; Pub. L. 101–649, title I, § 162(e)(5), , 104 Stat. 5011; Pub. L. 103–66, title XIII, §§ 13733(a), 13734(a), , 107 Stat. 662; Pub. L. 103–296, title I, § 107(a)(4), title II, § 201(b)(4)(A), , 108 Stat. 1478, 1505; Pub. L. 103–432, title II, § 221(a), , 108 Stat. 4462; Pub. L. 104–121, title I, § 105(b)(1), , 110 Stat. 853; Pub. L. 104–193, title II, §§ 204(c)(1), 211(a), (c), 212(a), (b)(1), (c), , 110 Stat. 2188, 2189, 2192, 2193; Pub. L. 105–33, title V, § 5522(a), (d), , 111 Stat. 622, 623; Pub. L. 108–203, title IV, § 434(a), , 118 Stat. 540.)

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