§ 1382h. Benefits for individuals who perform substantial gainful activity despite severe medical impairment

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. 1935

   Social Security Disability Amendments of 1980

   Pub. L. 96–265 title II § 201(a) · 94 Stat. 441

   Enacted · 42 U.S.C. § 1382h

   Aug. 14, 1935, ch. 531, title XVI, § 1619, as added Pub. L. 96–265, title II, § 201(a), June 9, 1980, 94 Stat. 445

   Source evidence

   Code source credit
   Aug. 14, 1935, ch. 531, title XVI, § 1619, as added Pub. L. 96–265, title II, § 201(a), June 9, 1980, 94 Stat. 445

   Enacted provision · exact public law section
   (a) Part A of title XVI of the Social Security Act is amended by adding at the end thereof the following new section: “Sec. 1619. “benefits for individuals who perform substantial gainful activity despite severe medical impairment (a) Any individual who is an eligible individual (or 42 USC 1382h. eligible spouse) by reason of being under a disability and was eligible to receive benefits under section 1611(b) or under this section for the 42 USC 1382. month preceding the month for which eligibility for benefits under this section is now being determined, and who would otherwise be denied benefits by reason of section 1611(e)(4) or ceases to be an eligible individual (or eligible spouse) because his earnings have demonstrated a capacity to engage in substantial gainful activity, shall nevertheless qualify for a monthly benefit equal to an amount determined under section 1611(b)(1) (or, in the case of an individual who has an eligible spouse, under section 161 l(b)(2)), and for purposes of titles XIX and XX of this Act shall be considered a disabled 42 USC 1396, 1397. individual receiving supplemental security income benefits under this title, for so long as the Secretary determines that— “(1) such individual continues to have the disabling physical or mental impairment on the basis of which such individual was found to be under a disability, and continues to meet all non-disability-related requirements for eligibility for benefits under this title; and “(2) the income of such individual, other than income excluded pursuant to section 1612(b), is not equal to or in excess of the 42 USC 1382a. amount which would cause him to be ineligible for payments under section 1611(b) (if he were otherwise eligible for such payments). “(b) For purposes of titles XIX and XX, any individual under age 65 who, for the month preceding the first month in the period to which this subsection applies, received— “(i) a payment of supplemental security income benefits under section 1611(b) on the basis of blindness or disability, “(ii) a supplementary payment under section 1616 of this Act or under section 212 of Public Law 93–66 on such basis, “(iii) a payment of monthly benefits under subsection (a), or “(iv) a supplementary payment under section 1616(c)(3), shall be considered to be a blind or disabled individual receiving supplemental security income benefits for so long as the Secretary determines under regulations that— “(1) such individual continues to be blind or continues to have the disabling physical or mental impairment on the basis of which he was found to be under a disability and, except for his earnings, continues to meet all non-disability-related requirements for eligibility for benefits under this title; “(2) the income of such individual would not, except for his earnings, be equal to or in excess of the amount which would cause him to be ineligible for payments under section 1611(b) (if he were otherwise eligible for such payments); “(3) the termination of eligibility for benefits under title XIX or XX would seriously inhibit his ability to continue his employment; and “(4) such individual’s earnings are not sufficient to allow him to provide for himself a reasonable equivalent of the benefits under this title and titles XIX and XX which would be available to him in the absence of such earnings.”.

2. 1981

   Pub. L. 97–35 § 2353 · 95 Stat. 357

   Substituted · 42 U.S.C. § 1382h(a)

   Pub. L. 97–35, § 2353(o)(1), substituted in provision preceding par. (1) “subchapter XIX” for “subchapters XIX and XX”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 97–35, § 2353(o)(1), substituted in provision preceding par. (1) “subchapter XIX” for “subchapters XIX and XX”.

   Enacted provision · exact public law section
   Sec. 2353. conforming amendments to the social security act (a) (1) Section 3(a) of the Social Security Act is amended— 42 USC 303. (A) by amending paragraph (4) to read as follows: “(4) in the case of any State, an amount equal to the sum of the following proportions of the total amounts expended during such quarter as found necessary by the Secretary of Health and Human Services for the proper and efficient administration of the State plan— “(A) 75 per centum of so much of such expenditures as are for the training (including both short- and long-term training at educational institutions through grants to such institutions or by direct financial assistance to students enrolled in such institutions) of personnel employed or preparing for employment by the State agency or by the local agency administering the plan in the political subdivision; plus “(B) one-half of the remainder of such expenditures.”; and (B) by striking out paragraph (5). (2) Section 3(c) of such Act is repealed. (b) (1) Sections 402(a)(5), 402(a)(13), 402(a)(14), 402(a)(15) 403(a)(3), 403(e), and 406(d) of such Act as in effect with respect to Puerto Rico, Guam, and the Virgin Islands are repealed. (2) Sections 402(a)(5), 402(a)(15), and 403(a)(3) of such Act as they apply to the fifty States and the District of Columbia shall be applicable to Puerto Rico, Guam, and the Virgin Islands. (3) Section 248(b) of the Social Security Amendments of 1967 (Public Law 90–248) is repealed. (c) Section 402(a)(15) of such Act is amended— (1) by striking out “as part of the program of the State for the provision of services under title XX”; and (2) by striking out “or clause (14)”. (d) Section 403(a)(3) of such Act is amended by striking out “service described in section 2002(a)(1)” and inserting in lieu thereof “service described in section 2002(a)”. (e) (1) Section 1003(a) of such Act is amended— (A) by amending paragraph (3) to read as follows: “(3) in the case of any State, an amount equal to the sum of the following proportions of the total amounts expended during such quarter as found necessary by the Secretary of Health and Human Services for the proper and efficient administration of the State plan— “(A) 75 per centum of so much of such expenditures as are for the training (including both short- and long-term training at educational institutions through grants to such institutions or by direct financial assistance to students enrolled in such institutions) of personnel employed or preparing for employment by the State agency or by the local agency administering the plan in the political subdivision; plus “(B) one-half of the remainder of such expenditures.”; and (B) by striking out paragraph (4). (2) Section 1003(c) of such Act is repealed. (f) Section 1108(a) of such Act is amended in the matter preceding paragraph (1) to read as follows: “(a) The total amount certified by the Secretary of Health and Human Services under titles I, X, XIV, and XVI, and under parts A 42 USC 301, 1201, 1351, 1381, 601, 670. 94 Stat. 501. 42 USC 1315. and E of title IV (exclusive of any amounts on account of services and items to which subsection (b) applies)—”. (g) Section 1115(a) of such Act is amended— (1) in the matter preceding paragraph (1), by striking out “XIX, or XX” and inserting in lieu thereof “or XIX”; (2) in paragraph (1), by striking out “1902, 2002, 2003, or 2004” and inserting in lieu thereof “or 1902”; and (3) in paragraph (2)— (A) by striking out “1903, or 2002” and inserting in lieu thereof “or 1903”, and (B) by striking out “or expenditures with respect to which payment shall be made under section 2002,”. (h) Section 1116 of such Act is amended— (1) in subsections (a)(1) and (b), by striking out “XIX, or XX” and inserting in lieu thereof “or XIX”; (2) in subsection (a)(3), by striking out “1904, or 2003” and inserting in lieu thereof “or 1904”; and (3) in subsection (d), by striking out “XIX, XX” and inserting in lieu thereof “or XIX”. (i) Section 1124(a) of such Act is amended— (1) in paragraph (1), by striking out “XIX and XX” each place it appears and inserting in lieu thereof “and XIX”; and (2) in paragraph (2)— (A) by inserting “or” after the semicolon at the end of subparagraph (B); (B) by striking out “; or” at the end of subparagraph (C) and inserting in lieu thereof a period; and (C) by striking out subparagraph (D). (j) Section 1126(a) of such Act is amended by striking out “XIX, and 42 USC 1320a–5. XX” and inserting in lieu thereof “and XIX”. (k) Section 1128(a) of such Act is amended— 94 Stat. 2619. 42 USC 1320a–7. (1) in paragraph (2)(A), by striking out “or title XX,”; and (2) in paragraph (2)(B), by striking out “or title XX”. (l) (1) Section 1403(a) of such Act is amended— 42 USC 1353. (A) by amending paragraph (3) to read as follows: “(3) in the case of any State, an amount equal to the sum of the following proportions of the total amounts expended during such quarter as found necessary by the Secretary of Health and Human Services for the proper and official administration of the State plan— “(A) 75 per centum of so much of such expenditures as are for the training (including both short- and long-term training at educational institutions through grants to such institutions or by direct financial assistance to students enrolled in such institutions) of personnel employed or preparing for employment by the State agency or by the local agency administering the plan in the political subdivision; plus “(B) one-half of the remainder of such expenditures.”; and (B) by striking out paragraph (4). (2) Section 1403(c) of such Act is repealed. (m) (1) Section 1601 of such Act is amended— 42 USC 1381 note. (A) by inserting “and” before “(b)” the first time it appears; and (B) by striking out “and (c)” and all that follows through “self-care,”. (2) Section 1603(a) of such Act is amended— 42 USC 1383 note. (A) by inserting “and” after the semicolon at the end of paragraph (2)(B); (B) by amending paragraph (4) to read as follows: “(4) in the case of any State, an amount equal to the sum of the following proportions of the total amounts expended during such quarter as found necessary by the Secretary of Health and Human Services for the proper and efficient administration of the State plan— “(A) 75 per centum of so much of such expenditures as are for the training (including both short- and long-term training at educational institutions through grants to such institutions or by direct financial assistance to students enrolled in such institutions) of personnel employed or preparing for employment by the State agency or by the local agency administering the plan in the political subdivision; plus “(B) one-half of the remainder of such expenditures.”; and (C) by striking out paragraph (5). (3) Section 1603(c) of such Act is repealed. (n) Section 1616(e)(2) of such Act is amended by striking out “, as a 42 USC 1382e. part of the services program planning procedures established pursuant to section 2004 of this Act,”. (o) Section 1619 of such Act is amended— 94 Stat. 445. 42 USC 1382h. (1) by striking out “titles XIX and XX” each place it appears and inserting in lieu thereof “title XIX”, and (2) by striking out “title XIX or XX” and inserting in lieu thereof “title XIX”. (p) Section 1620(c) of such Act is amended by striking out the matter following the end of paragraph (7). (q) Section 407(d)(1) of such Act is amended by striking out “a community work and training program under section 409 or any other work and training program subject to the limitations in section 409, or” and inserting in lieu thereof “a community work experience program under section 409, or”. (r) Section 471(a)(10) of such Act is amended by striking out “standards referred to in section 2003(d)(1)(F)” and inserting in lieu thereof “standards in effect in the State with respect to child day care services under title XX”. (s) Section 3(f) of the Social Security Amendments of 1974 (Public Law 93–647) is repealed.

3. 1981

   Pub. L. 97–35 § 2353 · 95 Stat. 357

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

      Pub. L. 97–35, § 2353(o), substituted in provision preceding cl. (i) and in par. (4) “subchapter XIX” for “subchapters XIX and XX”

   2. Substituted · 42 U.S.C. § 1382h(b)

      Pub. L. 97–35, § 2353(o), substituted in provision preceding cl. (i) and in par. (4) “subchapter XIX” for “subchapter XIX or XX”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 97–35, § 2353(o), substituted in provision preceding cl. (i) and in par. (4) “subchapter XIX” for “subchapters XIX and XX” and in par. (3) “subchapter XIX” for “subchapter XIX or XX”.

   Enacted provision · exact public law section
   Sec. 2353. conforming amendments to the social security act (a) (1) Section 3(a) of the Social Security Act is amended— 42 USC 303. (A) by amending paragraph (4) to read as follows: “(4) in the case of any State, an amount equal to the sum of the following proportions of the total amounts expended during such quarter as found necessary by the Secretary of Health and Human Services for the proper and efficient administration of the State plan— “(A) 75 per centum of so much of such expenditures as are for the training (including both short- and long-term training at educational institutions through grants to such institutions or by direct financial assistance to students enrolled in such institutions) of personnel employed or preparing for employment by the State agency or by the local agency administering the plan in the political subdivision; plus “(B) one-half of the remainder of such expenditures.”; and (B) by striking out paragraph (5). (2) Section 3(c) of such Act is repealed. (b) (1) Sections 402(a)(5), 402(a)(13), 402(a)(14), 402(a)(15) 403(a)(3), 403(e), and 406(d) of such Act as in effect with respect to Puerto Rico, Guam, and the Virgin Islands are repealed. (2) Sections 402(a)(5), 402(a)(15), and 403(a)(3) of such Act as they apply to the fifty States and the District of Columbia shall be applicable to Puerto Rico, Guam, and the Virgin Islands. (3) Section 248(b) of the Social Security Amendments of 1967 (Public Law 90–248) is repealed. (c) Section 402(a)(15) of such Act is amended— (1) by striking out “as part of the program of the State for the provision of services under title XX”; and (2) by striking out “or clause (14)”. (d) Section 403(a)(3) of such Act is amended by striking out “service described in section 2002(a)(1)” and inserting in lieu thereof “service described in section 2002(a)”. (e) (1) Section 1003(a) of such Act is amended— (A) by amending paragraph (3) to read as follows: “(3) in the case of any State, an amount equal to the sum of the following proportions of the total amounts expended during such quarter as found necessary by the Secretary of Health and Human Services for the proper and efficient administration of the State plan— “(A) 75 per centum of so much of such expenditures as are for the training (including both short- and long-term training at educational institutions through grants to such institutions or by direct financial assistance to students enrolled in such institutions) of personnel employed or preparing for employment by the State agency or by the local agency administering the plan in the political subdivision; plus “(B) one-half of the remainder of such expenditures.”; and (B) by striking out paragraph (4). (2) Section 1003(c) of such Act is repealed. (f) Section 1108(a) of such Act is amended in the matter preceding paragraph (1) to read as follows: “(a) The total amount certified by the Secretary of Health and Human Services under titles I, X, XIV, and XVI, and under parts A 42 USC 301, 1201, 1351, 1381, 601, 670. 94 Stat. 501. 42 USC 1315. and E of title IV (exclusive of any amounts on account of services and items to which subsection (b) applies)—”. (g) Section 1115(a) of such Act is amended— (1) in the matter preceding paragraph (1), by striking out “XIX, or XX” and inserting in lieu thereof “or XIX”; (2) in paragraph (1), by striking out “1902, 2002, 2003, or 2004” and inserting in lieu thereof “or 1902”; and (3) in paragraph (2)— (A) by striking out “1903, or 2002” and inserting in lieu thereof “or 1903”, and (B) by striking out “or expenditures with respect to which payment shall be made under section 2002,”. (h) Section 1116 of such Act is amended— (1) in subsections (a)(1) and (b), by striking out “XIX, or XX” and inserting in lieu thereof “or XIX”; (2) in subsection (a)(3), by striking out “1904, or 2003” and inserting in lieu thereof “or 1904”; and (3) in subsection (d), by striking out “XIX, XX” and inserting in lieu thereof “or XIX”. (i) Section 1124(a) of such Act is amended— (1) in paragraph (1), by striking out “XIX and XX” each place it appears and inserting in lieu thereof “and XIX”; and (2) in paragraph (2)— (A) by inserting “or” after the semicolon at the end of subparagraph (B); (B) by striking out “; or” at the end of subparagraph (C) and inserting in lieu thereof a period; and (C) by striking out subparagraph (D). (j) Section 1126(a) of such Act is amended by striking out “XIX, and 42 USC 1320a–5. XX” and inserting in lieu thereof “and XIX”. (k) Section 1128(a) of such Act is amended— 94 Stat. 2619. 42 USC 1320a–7. (1) in paragraph (2)(A), by striking out “or title XX,”; and (2) in paragraph (2)(B), by striking out “or title XX”. (l) (1) Section 1403(a) of such Act is amended— 42 USC 1353. (A) by amending paragraph (3) to read as follows: “(3) in the case of any State, an amount equal to the sum of the following proportions of the total amounts expended during such quarter as found necessary by the Secretary of Health and Human Services for the proper and official administration of the State plan— “(A) 75 per centum of so much of such expenditures as are for the training (including both short- and long-term training at educational institutions through grants to such institutions or by direct financial assistance to students enrolled in such institutions) of personnel employed or preparing for employment by the State agency or by the local agency administering the plan in the political subdivision; plus “(B) one-half of the remainder of such expenditures.”; and (B) by striking out paragraph (4). (2) Section 1403(c) of such Act is repealed. (m) (1) Section 1601 of such Act is amended— 42 USC 1381 note. (A) by inserting “and” before “(b)” the first time it appears; and (B) by striking out “and (c)” and all that follows through “self-care,”. (2) Section 1603(a) of such Act is amended— 42 USC 1383 note. (A) by inserting “and” after the semicolon at the end of paragraph (2)(B); (B) by amending paragraph (4) to read as follows: “(4) in the case of any State, an amount equal to the sum of the following proportions of the total amounts expended during such quarter as found necessary by the Secretary of Health and Human Services for the proper and efficient administration of the State plan— “(A) 75 per centum of so much of such expenditures as are for the training (including both short- and long-term training at educational institutions through grants to such institutions or by direct financial assistance to students enrolled in such institutions) of personnel employed or preparing for employment by the State agency or by the local agency administering the plan in the political subdivision; plus “(B) one-half of the remainder of such expenditures.”; and (C) by striking out paragraph (5). (3) Section 1603(c) of such Act is repealed. (n) Section 1616(e)(2) of such Act is amended by striking out “, as a 42 USC 1382e. part of the services program planning procedures established pursuant to section 2004 of this Act,”. (o) Section 1619 of such Act is amended— 94 Stat. 445. 42 USC 1382h. (1) by striking out “titles XIX and XX” each place it appears and inserting in lieu thereof “title XIX”, and (2) by striking out “title XIX or XX” and inserting in lieu thereof “title XIX”. (p) Section 1620(c) of such Act is amended by striking out the matter following the end of paragraph (7). (q) Section 407(d)(1) of such Act is amended by striking out “a community work and training program under section 409 or any other work and training program subject to the limitations in section 409, or” and inserting in lieu thereof “a community work experience program under section 409, or”. (r) Section 471(a)(10) of such Act is amended by striking out “standards referred to in section 2003(d)(1)(F)” and inserting in lieu thereof “standards in effect in the State with respect to child day care services under title XX”. (s) Section 3(f) of the Social Security Amendments of 1974 (Public Law 93–647) is repealed.

4. 1984

   Social Security Disability Benefits Reform Act of 1984

   Pub. L. 98–460 § 14(b) · 98 Stat. 1794

   Added · 42 U.S.C. § 1382h(c)

   Pub. L. 98–460 added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 98–460 added subsec. (c).

   Enacted provision · exact public law section
   (b) Section 1619 of the Social Security Act is amended by adding at the end thereof the following new subsection: “(c) The Secretary of Health and Human Services and the Secretary of Education shall jointly develop and disseminate information, and establish training programs for staff personnel, with respect to the potential availability of benefits and services for disabled individuals under the provisions of this section. The Secretary of Health and Human Services shall provide such information to individuals who are applicants for and recipients of benefits based on disability under this title and shall conduct such programs for the staffs of the district offices of the Social Security Administration. The Secretary of Education shall conduct such programs for the staffs of the State Vocational Rehabilitation agencies, and in cooperation with such agencies shall also provide such information to other appropriate individuals and to public and private organizations and agencies which are concerned with rehabilitation and social services or which represent the disabled ”.

5. 1986

   Employment Opportunities for Disabled Americans Act

   Pub. L. 99–643 § 4(a) · 100 Stat. 3574

   Amended · 42 U.S.C. § 1382h(a)

   Pub. L. 99–643, § 4(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Any individual who is an eligible individual (or eligible spouse) by reason of being under a disability and was eligible to receive benefits under section 1382(b) of this title or under this section for the month preceding the month for which eligibility for benefits under this section is now being determined, and who would otherwise be denied benefits by reason of section 1382(e)(4) of this title or ceases to be an eligible individual (or eligible spouse) because his earnings have demonstrated a capacity to engage in substantial gainful activity, shall nevertheless qualify for a monthly benefit equal to an amount determined under section 1382(b)(1) of this title (or, in the case of an individual who has an eligible spouse, under section 1382(b)(2) of this title), and for purposes of subchapter XIX of this chapter shall be considered a disabled individual receiving supplemental security income benefits under this subchapter, for so long as the Secretary determines that—

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 99–643, § 4(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Any individual who is an eligible individual (or eligible spouse) by reason of being under a disability and was eligible to receive benefits under section 1382(b) of this title or under this section for the month preceding the month for which eligibility for benefits under this section is now being determined, and who would otherwise be denied benefits by reason of section 1382(e)(4) of this title or ceases to be an eligible individual (or eligible spouse) because his earnings have demonstrated a capacity to engage in substantial gainful activity, shall nevertheless qualify for a monthly benefit equal to an amount determined under section 1382(b)(1) of this title (or, in the case of an individual who has an eligible spouse, under section 1382(b)(2) of this title), and for purposes of subchapter XIX of this chapter shall be considered a disabled individual receiving supplemental security income benefits under this subchapter, for so long as the Secretary determines that—

   “(1) such individual continues to have the disabling physical or mental impairment on the basis of which such individual was found to be under a disability, and continues to meet all non-disability-related requirements for eligibility for benefits under this subchapter; and “(2) the income of such individual, other than income excluded pursuant to section 1382a(b) of this title, is not equal to or in excess of the amount which would cause him to be ineligible for payments under section 1382(b) of this title (if he were otherwise eligible for such payments).”

   Enacted provision · exact public law section
   (a) Cash Benefits.— Section 1619(a) of the Social Security Act (42 U.S.C. 1382h(a)) is amended to read as follows: “(a) (1) Any individual who was determined to be an eligible State and local governments. individual (or eligible spouse) by reason of being under a disability and was eligible to receive benefits under section 1611 (or a federally administered State supplementary payment) for a month and whose earnings in a subsequent month exceed the amount designated by the Secretary ordinarily to represent substantial gainful activity shall qualify for a monthly benefit under this subsection for such subsequent month (which shall be in lieu of any benefit under section 1611) equal to an amount determined under section 1611(b)(1) (or, in the case of an individual who has an eligible spouse, under section 1611(b)(2)), and for purposes of title XIX shall be 42 USC 1396. considered to be receiving supplemental security income benefits under this title, for so long as— “(A) such individual continues to have the disabling physical or mental impairment on the basis of which such individual was found to be under a disability; and “(B) the income of such individual, other than income excluded pursuant to section 1612(b), is not equal to or in excess 42 USC 1382a. of the amount which would cause him to be ineligible for payments under section 1611 and such individual meets all other non-disability-related requirements for eligibility for benefits under this title. “(2) The Secretary shall make a determination under paragraph (1)(A) with respect to an individual not later than 12 months after the first month for which the individual qualifies for a benefit under this subsection.”.

6. 1986

   Employment Opportunities for Disabled Americans Act

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

   Substituted · 42 U.S.C. § 1382h(a)(1)

   Pub. L. 99–643, § 4(c)(2)(A), substituted “Except as provided in section 1383(j) of this section, any individual” for “Any individual”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 99–643, § 4(c)(2)(A), substituted “Except as provided in section 1383(j) of this section, any individual” for “Any individual”.

   Enacted provision · exact public law section
   (A) in subsection (a) by striking out “Any individual” and inserting in lieu thereof “Except as provided in section 1631(j), any individual”, and

7. 1986

   Employment Opportunities for Disabled Americans Act

   Pub. L. 99–643 § 4(b)(1) · 100 Stat. 3574

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

      Pub. L. 99–643, § 4(b)(1)–(4), substituted “meets” for “continues to meet” in former par. (4)

   2. Substituted · 42 U.S.C. § 1382h(b)

      Pub. L. 99–643, § 4(b)(1)–(4), substituted “(including any federally administered State supplementary payments), benefits under subchapter XIX, and publicly funded attendant care services (including personal care assistance),” for “and subchapter XIX” in former par. (4)

   3. Redesignated · 42 U.S.C. § 1382h(b)

      Pub. L. 99–643, § 4(b)(1)–(4), redesignated former pars. (1) to (4) as subpars. (A) to (D), respectively, of par. (1)

   4. Substituted · 42 U.S.C. § 1382h(b)

      Pub. L. 99–643, § 4(b)(1)–(4), substituted introductory provisions of such par. (1) for former undesignated introductory provisions which read as follows: “For purposes of subchapter XIX, any individual under age 65 who, for the month preceding the first month in the period to which this subsection applies, received—

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 99–643, § 4(b)(1)–(4), substituted “meets” for “continues to meet” in former par. (1) and “(including any federally administered State supplementary payments), benefits under subchapter XIX, and publicly funded attendant care services (including personal care assistance),” for “and subchapter XIX” in former par. (4), redesignated former pars. (1) to (4) as subpars. (A) to (D), respectively, of par. (1), and substituted introductory provisions of such par. (1) for former undesignated introductory provisions which read as follows: “For purposes of subchapter XIX, any individual under age 65 who, for the month preceding the first month in the period to which this subsection applies, received—

   “(i) a payment of supplemental security income benefits under section 1382(b) of this title on the basis of blindness or disability, “(ii) a supplementary payment under section 1382e of this title or under section 212 of Public Law 93–66 on such basis, “(iii) a payment of monthly benefits under subsection (a) of this section, or “(iv) a supplementary payment under section 1382e(c)(3) of this title, shall be considered to be a blind or disabled individual receiving supplemental security income benefits for so long as the Secretary determines under regulations that—”.

   Enacted provision · exact public law section
   (1) in paragraph (1) by striking out “continues to meet” and inserting in lieu thereof “meets”,

8. 1986

   Employment Opportunities for Disabled Americans Act

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

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

   Pub. L. 99–643, § 4(c)(2)(B), substituted “Except as provided in section 1383(j) of this title, for purposes of” for “For purposes of”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 99–643, § 4(c)(2)(B), substituted “Except as provided in section 1383(j) of this title, for purposes of” for “For purposes of”.

   Enacted provision · exact public law section
   (B) in subsection (b) by striking out “For purposes of” and inserting in lieu thereof “Except as provided in section 1631(j), for purposes of”. Ante, p. 3576.

9. 1986

   Employment Opportunities for Disabled Americans Act

   Pub. L. 99–643 § 4(b)(5) · 100 Stat. 3574

   Added · 42 U.S.C. § 1382h(b)(2)

   Pub. L. 99–643, § 4(b)(5), added par. (2)

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 99–643, § 4(b)(5), added par. (2).

   Enacted provision · exact public law section
   (5) by adding at the end thereof (after and below subparagraph (D), as so redesignated) the following new paragraphs: “(2) (A) Determinations made under paragraph (1)(D) shall be based on information and data updated no less frequently than annually. “(B) In determining an individual’s earnings for purposes of paragraph (1)(D), there shall be excluded from such earnings an amount equal to the sum of any amounts which are or would be excluded under clauses (ii) and (iv) of section 1612(b)(4)(B) (or 42 USC 1382a. under clauses (ii) and (iii) of section 1612(b)(4)(A)) in determining his or her income.”.

10. 1986

    Employment Opportunities for Disabled Americans Act

    Pub. L. 99–643 § 7(a) · 100 Stat. 3574

    Added · 42 U.S.C. § 1382h(b)(3)

    Pub. L. 99–643, § 7(a), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 99–643, § 7(a), added par. (3).

11. 1990

    Omnibus Budget Reconciliation Act of 1990

    Pub. L. 101–508 § 5032(a) · 104 Stat. 1388

    Struck · 42 U.S.C. § 1382h(b)(1)

    Pub. L. 101–508, § 5032(a), struck out “under age 65” after “any individual” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 101–508, § 5032(a), struck out “under age 65” after “any individual” in introductory provisions.

    Enacted provision · exact public law section
    (a) In General.— Section 1619(b)(D (42 U.S.C. 1392h(b)(D) is amended by striking “under age 65”.

12. 1990

    Omnibus Budget Reconciliation Act of 1990

    Pub. L. 101–508 § 5039(a) · 104 Stat. 1388

    1. Added · 42 U.S.C. § 1382h(c); 42 U.S.C. § 1382h(d)

       Pub. L. 101–508, § 5039(a), added subsec. (c)

    2. Redesignated · 42 U.S.C. § 1382h(c); 42 U.S.C. § 1382h(d)

       Pub. L. 101–508, § 5039(a), redesignated former subsec. (c) as (d)

    Source evidence

    Code amendment note
    Subsecs. (c), (d). Pub. L. 101–508, § 5039(a), added subsec. (c) and redesignated former subsec. (c) as (d).

    Enacted provision · exact public law section
    (a) In General 5656So in original. Probably should be “General—”.—Section 1619 (42 U.S.C. 1382h) is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: “(c) Subsection (a)(2) and section 1631(j)(2)(A) shall not be construed, singly or jointly, to require more than 1 determination during any 12-month period with respect to the continuing disability or blindness of an individual.”.

13. 1994

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

    Substituted · 42 U.S.C. § 1382h(a)(1); 42 U.S.C. § 1382h(a)(2); 42 U.S.C. § 1382h(b)(1)

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

    Source evidence

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

    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”,

    Effective date note
    Amendment by section 107(a)(1), (4) of Pub. L. 103–296 effective Mar. 31, 1995, 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, § 205(b), Aug. 15, 1994, 108 Stat. 1509, provided that: “The amendment made by subsection (a) [amending this section] shall apply to eligibility determinations for months after December 1994.”

14. 1994

    Pub. L. 103–296 § 205(a) · 108 Stat. 1464

    Inserted · 42 U.S.C. § 1382h(b)(1)(B)

    Pub. L. 103–296, § 205(a), inserted “and increases pursuant to section 415(i) of this title in the level of monthly insurance benefits to which the individual is entitled under subchapter II that occur while such individual is considered to be receiving supplemental security income benefits by reason of this subsection” after “earnings”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(B). Pub. L. 103–296, § 205(a), inserted “and increases pursuant to section 415(i) of this title in the level of monthly insurance benefits to which the individual is entitled under subchapter II that occur while such individual is considered to be receiving supplemental security income benefits by reason of this subsection” after “earnings”.

    Enacted provision · exact public law section
    (a) In General.— Section 1619(b)(1)(B) of the Social Security Act (42 U.S.C. 1382h(b)(l)(B)) is amended by inserting “and increases pursuant to section 215(i) in the level of monthly insurance benefits to which the individual is entitled under title II that occur while such individual is considered to be receiving supplemental security income benefits by reason of this subsection” after “earnings”.

    Effective date note
    Amendment by section 107(a)(1), (4) of Pub. L. 103–296 effective Mar. 31, 1995, 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, § 205(b), Aug. 15, 1994, 108 Stat. 1509, provided that: “The amendment made by subsection (a) [amending this section] shall apply to eligibility determinations for months after December 1994.”

15. 1994

    Pub. L. 103–296 § 107(a)(1) · 108 Stat. 1464

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

    Pub. L. 103–296, § 107(a)(1), substituted “Commissioner of Social Security” for “Secretary of Health and Human Services” in two places

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 103–296, § 107(a)(1), substituted “Commissioner of Social Security” for “Secretary of Health and Human Services” in two places.

    Enacted provision · exact public law section
    (1) by striking, wherever it appears, “Secretary of Health and Human Services” and inserting “Commissioner of Social Security”;

    Effective date note
    Amendment by section 107(a)(1), (4) of Pub. L. 103–296 effective Mar. 31, 1995, 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, § 205(b), Aug. 15, 1994, 108 Stat. 1509, provided that: “The amendment made by subsection (a) [amending this section] shall apply to eligibility determinations for months after December 1994.”

19 of 20 references resolved to an enrolled provision · 1 partial