A bill to provide that disability benefits under title II of the Social Security Act shall continue to be paid through the end of the administrative appeals process, and that periodic reviews of disability cases shall be carried out only to the extent that adequate time and personnel are available.

Summary

Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to permit an individual who has been found to be no longer eligible for disability benefits and who has requested a hearing with respect to such determination to elect to have the payment of such benefits continued during the administrative appeals process. Provides that if the decision after the hearing affirms the determination that the individual is not entitled to such benefits, any benefits paid pending the hearing shall be considered overpayments. Makes the requirement that disability determinations under title II be reviewed at least every three years applicable only to the extent that sufficient personnel and processing time are available. Requires the secretary of Health and Human Services to determine the number of cases which may be adequately reviewed by the applicable State agency or by the Secretary. Provides that where fewer than all cases are being reviewed every three years, the Secretary shall establish criteria for giving priority to reviews of those cases in which ineligibility is most likely to be found.

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1 official file

• Introduced in Senate

  summary · EN · 13 July 1982

  Open at official source

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