Social Security Disability Amendments of 1984

openUnited States· United States Congress· EN

Introduced

15 February 1983

Last action

22 May 1984 · Floor

Status

Indefinitely postponed by Senate by Unanimous Consent.

Summary

Disability Amendments of 1983 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to prohibit the termination of disability benefits on the grounds that the physical or mental impairment on which such benefits were based has ceased, did not exist, or is no longer disabling, unless the Secretary of Health and Human Services finds that the individual is significantly more able to engage in substantial gainful activity than at the time of the most recent decision that the individual was disabled. Exempts certain cases from the prohibition against termination of benefits, including cases where there is a finding of fraud. Directs the Secretary, in determining whether a person is disabled, to consider all evidence available in the person's case record and to develop a complete medical history of at least the preceding year. Requires that a preliminary disability decision by a State agency, or the Secretary, which is unfavorable to the disability benefit applicant contain a statement of the case with a discussion of the evidence, the basis for such decision, the right of the applicant to a review of the decision, and the right to submit additional medical evidence prior to such review. Requires the statement to be sent to the individual. Entitles the applicant or the applicant's spouse, former spouse, surviving spouse, surviving divorced mother, child or parent to a review of the preliminary decision (including the right to make a personal appearance and submit additional medical evidence), upon a showing that his or her rights may be prejudiced by such decision and upon timely request. Sets forth the procedural requirements for a review of a preliminary disability decision. Provides that a preliminary disability decision may be affirmed, modified, or reversed on the basis of the review. Authorizes the State agency which made the initial disability determination to make any new disability determination required during review of the case after notification to the Secretary and in accordance with the rules governing such determinations. Requires that a decision by the Secretary after review which is unfavorable to the individual requesting the review contain a statement of the case which shall be sent to the individual. Requires the statement to contain a discussion of the evidence, the reasons for the decision, the right of the individual to a hearing, and the right to submit additional medical evidence before the hearing. Requires that individuals requesting a review be informed of the requirements under this Act and of their right to representation at the review. Provides for reasonable notice and opportunity for a hearing for disability benefit applicants who show that their rights may be prejudiced by a decision after review. Provides that the hearing decision may affirm, modify, or reverse the Secretary's findings of fact and the decision after review. Requires the Secretary to prescribe a period of time after hearing decisions during which the Secretary, upon his or her own motion or at the request of the individual who requested the hearing, may review the hearing decision and affirm, modify, or reverse it. Makes such a review the final review of the decision. Provides that the decision shall be considered final if it is not so reviewed. Requires the Secretary to notify the individual involved with respect to a case where the Secretary initiates a review. Provides that an application for disability benefits filed before the first month in which the applicant satisfies the requirements for such benefits shall be considered valid only if: (1) the applicant satisfies such requirements before the Secretary makes a final decision on the application and no request for review has been made; or (2) the applicant satisfies such requirements before a decision on review is made in any case where review is requested. Requires that hearings on disability decisions after review be conducted on the record. Subjects such hearings to Federal law governing administrative hearings. Requires the Secretary to appoint administrative law judges to conduct such hearings. Entitles any individual who is dissatisfied with the final hearing decision to judicial review of that decision. Entitles an individual who shows that his or her rights may be prejudiced by a determination with respect to his or her continuing eligibility for disability benefits to the same type of review and hearing as is permitted in the case of an initial disability determination. Repeals the provision of title II covering suspension of benefits based on disability. Repeals the current provision covering reconsiderations of terminations of disability benefits. Specifies the cases with respect to which State agencies may make new disability determinations for purposes of review under this Act. Permits an individual who has been found to be no longer eligible for disability benefits, and who has requested a hearing on such determination, to elect to have the payment of such benefits continued during the period of appeal. Provides that if the decision upon appeal affirms the determination that the individual is not entitled to such benefits, any benefits paid pursuant to such election shall be considered overpayments. Requires the Secretary to provide uniform standards which shall be applied at all levels of disability determinations. Provides that except in certain cases, if an individual has been found to be no longer eligible for disability benefits, the termination month for such benefits shall be the month in which: (1) a decision affirming such benefit termination has been made after review of the preliminary decision to this Act; or (2) the time for requesting such a review has expired. Sets forth evidentiary requirements with respect to disability determinations. Requires the Secretary, if a U.S. Court of Appeals issues an opinion requiring the Department of Health and Human Services to apply a provision of the Social Security Act in a manner different from the manner in which such provision is generally carried out, to request review of the decision by the Supreme Court or to acquiesce in such decision with respect to all beneficiaries.

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Timeline

15 February 1983
Introduced
Introduced in Senate
Source: IntroReferral
15 February 1983
Introduced
Read twice and referred to the Committee on Finance.
Source: IntroReferral
24 February 1983
Committee
Committee on Finance requested executive comment from OMB, Treasury Department, Health and Human Services.
Source: Committee
25 January 1984
Committee
Committee on Finance. Hearings held.
Source: Committee
15 May 1984
Committee
Committee on Finance. Committee consideration and Mark Up Session held.
Source: Committee
16 May 1984
Reported
Committee on Finance. Ordered to be reported with an amendment in the nature of a substitute favorably.
Source: Committee
18 May 1984
Calendars
Placed on Senate Legislative Calendar under General Orders. Calendar No. 899.
Source: Calendars
18 May 1984
Reported
Committee on Finance. Reported to Senate by Senator Dole with an amendment in the nature of a substitute and an amendment to the title. With written report No. 98-466.
Source: Committee
18 May 1984
Reported
Committee on Finance. Reported to Senate by Senator Dole with an amendment in the nature of a substitute and an amendment to the title. With written report No. 98-466.
Source: Committee
22 May 1984
Floor
Measure laid before Senate.
Source: Floor

Votes

No vote records are attached yet.

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

3 official files

Indefinitely postponed in Senate
summary · EN · 22 May 1984
Open at official source
Reported to Senate with amendment(s)
summary · EN · 18 May 1984
Open at official source
Introduced in Senate
summary · EN · 15 February 1983
Open at official source

Related records

related to → Social Security Disability Benefits Reform Act of 1984

Sources

PoliticalRepo is an index and interpretation layer, not the authoritative legal source.

Official source: https://www.congress.gov/bill/98th-congress/senate-bill/476
Open data entity: https://api.congress.gov/v3/bill/98/s/476
us · 98-s-476 · source updated 3 January 2025