117th CONGRESS 1st Session |
To help individuals receiving disability insurance benefits under title II of the Social Security Act obtain rehabilitative services and return to the workforce, and for other purposes.
Mr. Cotton (for himself and Mr. Rubio) introduced the following bill; which was read twice and referred to the Committee on Finance
To help individuals receiving disability insurance benefits under title II of the Social Security Act obtain rehabilitative services and return to the workforce, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
(a) Short title. This Act may be cited as the Social Security Disability Insurance Return to Work Act .
(b) Table of contents. The table of contents for this Act is as follows:
Section 1148(d) of the Social Security Act (42 U.S.C. 1320b 19(d)) is amended by adding at the end the following:
(8) PROGRAM ADVERTISEMENT. The Commissioner of Social Security shall disseminate information relating to participation in the Program to each disabled beneficiary at the time of such beneficiary s entitlement to benefits and every 6 months thereafter. .
Section 221 of the Social Security Act (42 U.S.C. 421) is amended by adding at the end the following new subsection:
(n) (1) Not later than 1 year after the date of the enactment of this subsection, the Commissioner of Social Security shall establish a system for classifying any individual who is determined to be entitled to disability insurance benefits under this title or to monthly benefits under section 202 by reason of being under a disability in the following manner:
(A) An individual shall be classified as medical improvement expected if the impairment or combination of impairments causing the individual to be disabled is expected to medically improve to the point where the individual will no longer be disabled in 12 to 24 months.
(B) An individual shall be classified as medical improvement likely if the impairment or combination of impairments causing the individual to be disabled is expected to medically improve to the point where the individual will no longer be disabled in 25 months to 60 months.
(C) An individual shall be classified as medical improvement possible if the impairment or combination of impairments causing the individual to be disabled is not expected to medically improve to the point where the individual will no longer be disabled in 60 months, but future improvement is possible.
(D) An individual shall be classified as medical improvement not expected if the individual has an impairment or combination of impairments that is chronic or progressive with permanent, irreversible structural or functional loss, and for which there is no known effective therapy, treatment, or surgical intervention that could result in medical improvement to the point where the individual is no longer disabled.
(2) In classifying an individual under the system established under this subsection, the Commissioner of Social Security shall not classify an individual as medical improvement not expected solely by reason of such individual's age where a lesser classification is appropriate.
(3) Notwithstanding section 205(b)(1) or subsection (c)(1) or (d) of this section, there shall be no review of, or right to appeal, a classification made under the system established under this subsection. .
(a) In general. Section 221(i) of the Social Security Act (42 U.S.C. 421(i)) is amended
(1) by amending paragraph (1) to read as follows:
(1) (A) In the case of any individual who has not attained age 63, is determined to be under a disability, and is classified as medical improvement possible or medical improvement not expected , the applicable State agency or the Commissioner of Social Security (as may be appropriate) shall, for purposes of determining such individual's continuing disability
(i) if the individual is classified as medical improvement possible , conduct a review to determine whether the individual remains under a disability during the 5th year following the first month after the individual's waiting period (as defined in section 223(c)(2)); and
(ii) if the individual is classified as medical improvement not expected , conduct a review to determine whether the individual remains under a disability during the 10th year following the first month after the individual's waiting period (as so defined).
(B) In addition to the continuing disability reviews required under subparagraph (A) and notwithstanding how an individual is classified under the system established by the Commissioner of Social Security under subsection (n), if the Commissioner has reason to believe that an individual that has been determined to be under a disability is not under a disability, the Commissioner may review such individual's case at such time and in such manner as the Commissioner determines appropriate except that the Commissioner shall not initiate a review on the basis of income earned by an individual who is a participant in the process established under section 223(l).
(C) Reviews of cases which are required or permitted under this paragraph shall be in addition to, and shall not be considered as a substitute for, any other reviews which are required or provided for under or in the administration of this title.
(2) by striking paragraph (2); and
(3) by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively.
(b) Standard of review for continuing disability reviews.
(1) IN GENERAL. Section 223(f) of the Social Security Act (42 U.S.C. 423(f)) is amended
(A) in paragraph (4), by striking the period at the end and inserting or
(B) by inserting after paragraph (4) the following new paragraph:
(5) in the case of a continuing disability review under section 221(i), evidence that would be sufficient to support a finding in an initial determination that the individual is not under a disability and is able to engage in substantial gainful activity. and
(C) in the flush matter at the end, by inserting , except that, in the case of a continuing disability review under section 221(i), the Commissioner shall not consider the fact that an individual is engaged in substantial gainful work as part of the process established under subsection (l) as evidence that the individual is able to engage in substantial gainful activity after secured by the Commissioner of Social Security .
(2) CONFORMING AMENDMENT TO DEFINITION OF DISABILITY. Section 223(d)(2) of the Social Security Act (42 U.S.C. 423(d)(2)) is amended
(A) in subparagraph (A), by striking An individual and inserting Subject to subparagraph (D), an individual and
(B) by adding at the end the following new subparagraph:
(D) In the case of a continuing disability review under section 221(i), an individual may be found to be under a disability even though the individual is engaged in substantial gainful work as part of the process established under subsection (l). .
The Commissioner of Social Security shall promulgate or revise, as appropriate, regulations relating to the determination, classification, and review of the disability status of individuals who apply for or receive disability insurance benefits under title II of the Social Security Act and related provisions of agency guidance to carry out section 3 and the amendments made by section 4.
Section 223 of the Social Security Act (42 U.S.C. 423) is amended
(1) in subsection (a)(1), in the flush language after and below subparagraph (E), by striking subsection (e) and inserting subsections (e) and (k) and
(2) by adding at the end the following new subsection:
(k) (1) In the case of an individual who files an application for disability insurance benefits under this section or for monthly benefits under section 202 by reason of being under a disability for any month that begins on or after the date that is 1 year after the date of the enactment of the Social Security Disability Insurance Return to Work Act, is determined to be under a disability, and is classified by the Commissioner of Social Security as medical improvement expected or medical improvement likely , the termination month applicable to the individual shall be
(A) if the individual has been classified as medical improvement expected , the 23rd month following the first month after the individual's waiting period (as defined in subsection (c)(2)); or
(B) if the individual has been classified as medical improvement likely , the 59th month following the first month after the individual's waiting period (as so defined).
(2) (A) (i) For purposes of this paragraph, the term timely reapplication means an application for disability insurance benefits under this section or for monthly benefits under section 202 by reason of being under a disability that is submitted
(I) by an individual who is a recipient of such b