A bill to amend title II of the Social Security Act to provide that termination of disability benefits shall require that a finding be made that there has been medical improvement or that the prior decision was clearly erroneous, to provide for continuation of disability benefits through the appeals process, and for other purposes.

Summary

Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to permit the termination of disability benefits on the grounds that the physical or mental impairment involved has ceased, did not exist, or is no longer disabling, only if the Secretary of Health and Human Services determines and documents that: (1) based upon current medical evidence and the medical history of the individual involved, there has been a medical improvement in the individual's condition such that such individual is no longer disabled under the criteria for disability determinations in effect at the time of the prior disability determination; or (2) the prior determination that such individual was disabled was clearly erroneous under such criteria. Requires the Secretary to make all reasonable efforts to obtain current medical evidence and the individual's medical history from his or her physician or health care provider before deciding that a consultative medical examination is warranted. Exempts from the requirements above those cases in which the termination of benefits is based upon a finding that services performed or earnings demonstrate an individual's ability to engage in substantial gainful activity. Requires that the criteria for determining the severity of physical or mental impairments must provide for a comparison of such an impairment with other cases of comparable severity. Permits an individual who has been found to be no longer eligible for disability benefits to elect to have the payment of such benefits continued until the determination to terminate such benefits is affirmed by the Secretary after a hearing or until the time for requesting such a hearing has expired. Provides that benefits paid pursuant to such an election shall be considered overpayments if the decision after a hearing affirms the benefit termination decision or if the individual involved fails to request a hearing.

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1 official file

• Introduced in Senate

  summary · EN · 15 July 1982

  Open at official source

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