Social Security Disability Benefit Protection Act of 1982

Summary

Social Security Disability Benefit Protection Act of 1982 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to permit a disability insurance beneficiary who has been found to be no longer entitled to disability benefits to elect to have such benefits continued until the disability determination has been affirmed or overturned on appeal. Provides that benefits paid pursuant to such an election shall be considered overpayments if the decision on appeal affirms the determination that the individual involved is no longer entitled to benefits. Provides that subsequent reviews of a disability determination following an initial review for purposes of determining the continuing eligibility of beneficiaries who become entitled in October 1982 and thereafter shall be at the discretion of the State agency or the Secretary, as appropriate. Requires that such individuals be notified when subsequent reviews of disability determinations are scheduled. Limits the number of reviews of disability determinations for purposes of continuing eligibility which the Secretary may conduct for individuals who become entitled to disability benefits before October 1982, but authorizes the Secretary to review, at his or her discretion, selected cases to the extent that such review will be cost-effective and that adquate personnel and time are available for such review. Requires that rules, regulations, and procedures governing disability determinations be consistent with applicable law, including administrative procedural requirements with respect to rulemaking, and be treated as public information. Prohibits the termination of an individual's disability benefits unless the Secretary finds that: (1) there has been a substantial medical improvement in the individual's physical or mental impairment entitling him or her to disability benefits such that the individual is no longer disabled; (2) the original disability determination was clearly erroneous; (3) the individual engaged in fraud with respect to his or her benefit entitlement; or (4) medical and vocational evidence shows that, despite the individual's impairment, the individual is able to perform substantial gainful activity on a regular and sustained basis. Makes such prohibition inapplicable in the case of an individual who has demonstrated an ability to engage in substantial gainful activity. Permits a continuing disability review of an individual whose disability is based on a mental impairment only after such individual has been given a written notice of the impending review and an opportunity for a face-to-face interview concerning the review.

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1 official file

• Introduced in House

  summary · EN · 19 August 1982

  Open at official source

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