Social Security Disability Beneficiary Rehabilitation Act of 1989

Summary

Social Security Disability Beneficiary Rehabilitation Act of 1989 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to establish disability categories which must be used by a State agency or by the Secretary of Health and Human Services, as appropriate, to describe the condition of an individual at the time a determination is made as to whether such individual is under a disability for purposes of receiving disability benefits under title II. Requires that notice to an individual of a disability determination by the Secretary include, in addition to current law requirements: (1) an explanation of why a particular disability category is determined to best describe such individual's condition; and (2) in the case of an individual for whom vocational rehabilitation services or comprehensive services for independent living would be beneficial, a statement indicating such individual's eligibility for such services, an explanation of the disability review provisions as they apply to such individual, and information on how to apply for such services. Provides for hearings and review regarding disability categorizations. Requires that disability cases be reviewed for purposes of determining continuing eligibility for disability benefits at least once every three years where an individual was initially determined to be under a disability that is not permanent and at least once every seven years where an individual was initially determined to be under a permanent disability. Provides that in a case where an individual is under a disability and is receiving vocational rehabilitation services or comprehensive services for independent living, the case shall be reviewed for purposes of continuing eligibility whenever a State agency or the Secretary as appropriate determines that such a review is warranted. Requires a State agency or the Secretary, as appropriate, to refer any individual determined to fall within a disability category under which such individual will benefit from vocational rehabilitation services or comprehensive services for independent living to the appropriate State agency or unit administering such services pursuant to the Rehabilitation Act of 1973. Allows individuals referred to and dissatisfied with a provider of vocational rehabilitation services to request the State agency or the Secretary for a different provider. Specifies the type of rehabilitation services for which individuals determined to be disabled are eligible, depending upon the disability category into which they fall. Sets forth reporting requirements which apply to facilities which provide either vocational rehabilitation services or comprehensive services for independent living. Provides for the reimbursement of the appropriate State unit for the costs of furnishing comprehensive services for independent living pursuant to the Rehabilitation Act of 1973 from the Federal Disability Insurance Trust Fund and from the Federal Old-Age and Survivors Insurance Trust Fund. Requires facilities providing vocational rehabilitation services or comprehensive services for independent living to have an individualized written plan of vocational rehabilitation for each eligible individual. Directs the Secretary to prescribe standards for such services. Revises the length of the period of trial work for individuals who are under a disability but who will benefit from vocational rehabilitation services and may be able to engage in gainful activity in the future. Doubles the earnings level used to establish an individual's ability to engage in substantial gainful activity for earnings from transitional work, supported work, and services performed in a sheltered workshop. Amends title XVI (Supplemental Security Income) of the Social Security Act to establish disability categories which must be used by a State agency or the Secretary, as appropriate, to describe the condition of an individual at the time a determination is made as to whether such individual is blind or disabled. Requires that notice to an individual of a disability determination include, in addition to current law requirements: (1) an explanation of why a particular category is determined to best describe such individual's condition; and (2) in the case of an individual for whom vocational rehabilitation services or comprehensive services for independent living would be beneficial, a statement indicating such individual's eligibility for such services and information on how to apply for such services. Provides for hearings and review regarding disability categorizations. Requires a State agency or the Secretary, as appropriate, to refer any individual determined to fall within a disability category under which such individual will benefit from vocational rehabilitation services or comprehensive services for independent living to the appropriate State agency or unit administering such services pursuant to the Rehabilitation Act of 1973. Allows individuals referred to and dissatisfied with a provider of such services to request the State agency or the Secretary for a different provider. Specifies the type of rehabilitation services for which individuals determined to be disabled are eligible, depending upon the disability category into which they fall. Sets forth reporting requirements which apply to facilities which provide either vocational rehabilitation services or comprehensive services for independent living. Provides for the reimbursement of the appropriate State agencies or units for the costs of furnishing comprehensive services for independent living pursuant to the Rehabilitation Act of 1973. Requires providers of such services to have an individualized written plan of vocational rehabilitation for each eligible individual. Doubles the earnings level used to establish an individual's ability to engage in substantial gainful activity for earnings from transitional work, supported work, and services performed in a sheltered workshop.

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2 official files

• Introduced in Senate (text)

  Introduced in Senate · EN

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• Introduced in Senate

  summary · EN · 25 January 1989

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