A bill to amend title II of the Social Security Act to provide for certain procedures to accompany reviews of continuing eligibility for disability insurance benefits.

Summary

Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide procedures to accompany reviews of disability determinations for purposes of continuing eligibility for disability insurance benefits. Requires that an individual whose case is being reviewed be notified of such review. Permits such an individual to submit medical evidence, prepared by a physician of his or her choice, with respect to the current status of his or her disability which shall be considered in determining the individual's continuing eligibility for disability benefits. Requires the prompt notification of the individual once his or her continuing eligibility for disability benefits has been determined. Allows an individual who is found to be no longer eligible for disability benefits to submit additional medical evidence with respect to his or her disability within 30 days of notification of the determination and request reconsideration of the determination. Permits the individual to request a hearing if the determination is affirmed after such reconsideration. Requires the State agency or the Secretary of Health and Human Services (whichever is reviewing the case) to terminate an individual's benefits if the individual does not request reconsideration of the eligibility determination or if the determination is reconsidered and affirmed. Allows termination of disability benefits only after an administrative hearing and a final determination by the Secretary in cases where: (1) there is a substantial difference of medical opinion as to an individual's disabling condition between the consultative physician chosen by the Secretary or the State agency and the individual's physician; and (2) an individual is substantially dependent upon such benefits. Prohibits the recovery of overpayment of disability benefits in such cases from benefit recipients whose income is less than 150 percent of the poverty line if the final decision is to stop the payment of disability benefits to them.

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1 official file

• Introduced in Senate

  summary · EN · 9 February 1982

  Open at official source

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