A bill to amend title XVI of the Social Security Act with respect to presumptive disability, earned income in sheltered workshops, benefits for individuals who work despite a severe medical impairment, and the exclusion of certain work expenses in determining substantial gainful activity.

Summary

Amends title XVI (Supplemental Security Income for the Aged, Blind, and Disabled) of the Social Security Act to provide that an individual who applies for supplemental security income benefits on the basis of disability shall be considered presumptively disabled if he or she has received disability insurance benefits under title II (Old-Age, Survivors and Disability Insurance) of the Social Security Act or supplemental security income benefits as a disabled individual within five years of his or her most recent application for supplementary security income benefits. Provides that benefits paid to an individual who is considered presumptively disabled under this Act will be considered overpayments if such individual is ultimately determined not to be disabled in fact. Includes remuneration received for services performed in a sheltered workshop or work activities center as earned income, for the purpose of determining eligibility under title XVI based on income. Permits disabled individuals eligible for benefits under title XVI due to the medical severity of their disability, but who lose their eligibility because their earnings have demonstrated a capacity to be gainfully employed, to qualify for title XVI benefits and to be considered disabled under title XIX (Medicaid) and XX (Grants to States for Services) of the Social Security Act if such individual remains disabled due to the medical severity of the disability and continues to meet all other eligibility requirements, including income requirements, under title XVI. Permits such individuals, who would otherwise qualify for title XVI benefits except for their income, to be considered disabled for the purposes of titles XIX and XX if the termination of benefits under titles XIX and XX would seriously inhibit their ability to provide for themselves. Excludes from the income of a disabled individual, for the purpose of determining eligibility under title XVI based on income, an amount equal to the cost of attendant care services, medical devices and similar items necessary for such individual to work, whether or not such assistance is also needed for the performance of such individual's normal daily functions.

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1 official file

• Introduced in Senate

  summary · EN · 8 March 1979

  Open at official source

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