Disability Insurance Amendments

Summary

Disability Insurance Amendments - Amends the Internal Revenue Code of 1954, and Title II (Old-Age, Survivors, and Disability Insurance) of the Social Security Act to establish a tax on wages and self-employment income to finance the Disability Insurance program separately from the existing Social Security tax. Requires that the proceeds of such tax be deposited in the Federal Disability Insurance Trust Fund. Redefines the term "disability" for purposes of title II to include with respect to a person who has attained the age of 50, a physical or mental impairment which is expected to result in death or the inability of such person to engage in substantial gainful employment for at least 12 months. Directs the Secretary of Health, Education, and Welfare to review each determination of disability or end of disability made by a State agency authorized to make such determination. Establishes a new procedure for the appeal of findings adverse to an applicant for disability benefits. Provides, as a first opportunity for reconsideration of an adverse finding, for an informal conference with a representative of the Secretary. Establishes the formal hearing by the Secretary of the findings of such informal conference as the final administrative review of an applicant's claim. Sets forth procedures for the judicial review of final determinations of the Secretary on findings concerning disability claims. Authorizes review by the Disability Court established by this Act in cases involving the existence of disability or of the day on which a disability began or ceased. Allows for review by a United States district court of other final determinations related to disability findings. Establishes, under article I of the Constitution, the United States Disability Court. States that the principal office of such Court shall be in Washington, D.C., and that the Court shall consist of 20 judges. Defines the jurisdiction and powers of the Court. Sets forth specified dollar limits as demonstrative of an individual's ability or inability to engage in 'substantial gainful activity" for the purpose of determining the eligibility of a person for disability insurance benefits. Directs the Commissioner of Social Security to develop and carry out experiments and demonstration projects designed to determine the relative advantages and disadvantages of various alternative methods of treating the work activity of disabled beneficiaries under the old-age, survivors, and disability insurance program, including such methods as a reduction in benefits based on earnings, designed to encourage the return to work of disabled beneficiaries to the end that savings will accrue to the Trust Funds. Establishes new criteria for determining the beginning of a "period of trial work" of a disabled individual. Extends the length of such period from nine to 15 months. Authorizes the continuation of disability insurance benefit payments to an individual whose impairment has ceased if such individual is participating in an approved vocational rehabilitation program and the Commissioner of Social Security determines that the completion of such program, or its continuation for a specified period, will increase the likelihood that such individual may be permanently removed from the disability benefit rolls. Eliminates the requirement that the 24 months which an individual must be disabled in order to qualify for Hospital insurance benefits under the Medicare program be consecutive.

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1 official file

• Introduced in House

  summary · EN · 28 June 1977

  Open at official source

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