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United States · Bill · HR

H.R. 3865 (97th)

A bill to establish a Social Security Court under Article I of the Constitution to serve as the initial reviewing court with respect to all decisions rendered under the old-age, survivors, and disability insurance program and final determinations made under the supplemental security income program, and to make other improvements in the appeals process under those programs.

openUnited States· United States Congress· EN

Introduced

9 June 1981

Last action

Status

Executive Comment Requested from Admin Office US Courts, Justice, HHS.

Sponsors

Subjects

Discovery layer

Source updated

16 January 2025

Summary

Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to direct the Secretary of Health and Human Services to establish a Review Board to act on requests by parties to benefit entitlement hearings or by the Social Security Administration for review of decisions made pursuant to such hearings. Sets forth the evidentiary and procedural rules for review of such decisions by the Board. Makes a Board decision the final decision of the Secretary. Permits any party to the proceedings before the Board to obtain review of a decision by the Board by a civil action brought in the Social Security Court established by this Act. Sets forth the evidentiary and procedural rules for review of a decision by the Board in such Court. Amends Part A (General Provisions) of title XI of such Act to establish the Social Security Court which shall have jurisdiction to review decisions rendered pursuant to benefit entitlement hearings under titles II and XVI (Supplemental Security Income) of such Act. Permits the Court to be divided into divisions of one or more judges so that cases may be heard throughout the United States. Requires that Social Security Court proceedings be conducted according to practice and procedural rules prescribed by the Court. Sets forth notice requirements. Authorizes the Court to appoint commissioners and to punish persons in contempt of court. Provides that a decision of a division shall become a decision of the Court within 30 days unless the chief judge directs that such decision be reviewed by the Court. Requires that all proceedings, decisions, and orders of the Court be open to public inspection. Grants the U.S. Court of Appeals for the District of Columbia exclusive jurisdiction to review decisions of the Social Security Court upon appeal by either the Secretary or the claimant. Limits its review and any further review by the U.S. Supreme Court to questions of statutory interpretation and constitutional issues. Establishes the retirement system for judges of the Social Security Court.

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Documents

1 official file

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