Social Security Disability Amendments of 1980

Summary

Disability Insurance Amendments of 1979 - Amends title II (Old-Age, Survivors and Disability Insurance) of the Social Security Act to reduce the maximum amount of monthly benefits payable under such title on the basis of wages and self-employment income to the smaller of: (1) 80 percent of an individual's average indexed monthly earnings; or (2) 150 percent of an individual's primary insurance amount. Amends the procedure for computing the primary insurance amount of an individual by stipulating that in determining the number of benefit computation years one year of low earnings shall be dropped for every five working years. Limits the maximum number of years which may be dropped to five. Requires the Commissioner of Social Security to develop and carry out experiments and demonstration projects designed to compare various methods of treating the work activity of disabled beneficiaries under title II, including reductions in benefits based on earnings designed to encourage disabled beneficiaries to work. Requires the Commissioner to report to Congress on such projects. Excludes from an individual's earnings, in determining whether an individual can engage in gainful activity, an amount equal to the cost of any attendant care services, medical devices, and similar items and services necessary to enable such individual to work, whether or not such assistance is needed to enable such individual to carry out such individual's normal daily functions. Provides "trial work periods" for disabled widows and widowers. Provides, in the case of children, widows, and widowers, that the period of time to which such individuals are entitled to disability insurance benefit payments may extend to the 15th month following the end of an individual's "trial work period." Entitles individuals who have had "trial work periods" to hospital insurance benefits under title XVIII (Medicare) for a period of 24 months following such period where such individuals have had disability benefits under title II terminated due to work. Eliminates the requirement that the 24 months which an individual must be disabled in order to qualify for hospital insurance benefits under the Medicare program be consecutive. Requires States wishing to make disability determinations to notify the Secretary of Health, Education, and Welfare in writing of such desire. Directs the Secretary to promulgate regulations specifying performance standards and administrative procedures to be followed in making disability determinations. Directs the Secretary to make such findings if a State fails to make determinations in accordance with such regulations. Requires the Secretary to review specified percentages of disability determinations made by States so that at least 80 percent of such determinations are reviewed after fiscal year 1981. Requires the Secretary to provide specified information on which a decision concerning the rights of an applicant for title II benefits may be made. Limits the occasions on which a court may reward to the Secretary a case concerning eligibility for OASDI benefits for the taking of additional evidence to those cases in which it can be shown that there is material new evidence and that there was good cause for the failure to incorporate such evidence into the record in a prior proceeding. Requires the Secretary to submit to Congress a report recommending the establishment of appropriate time limitations governing decisions on claims for OASDI benefits. Authorizes the transfer from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund of such sums as may be necessary to reimburse the general fund in the U.S. Treasury for the Federal share and the State for twice the State share of the costs of vocational rehabilitation services furnished certain disabled individuals under a State plan for vocational rehabilitation services which result in their performance of substantial gainful activity. Directs the Secretary to study alternative methods of financing vocational rehabilitation services to disabled beneficiaries under title II to the end that maximum savings will result to the Trust Funds. Authorizes the continuation of disability insurance benefit payments to an individual whose impairment has ceased if such individual is participating in an approved vocational rehabilitation program and the Commissioner of Social Security determines that the completion of such program, or its continuation for a specified period, will increase the likelihood that such individual may be permanently removed from the disability benefit rolls. Requires, in any case in which an individual is determined to be under a disability, unless such disability is found to be permanent, that the case be reviewed for the purposes of continuing eligibility at least once every three years.

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Documents

7 official files

• Public Law (PDF)

  Public Law · EN · 10 June 1980

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• Conference report filed in House

  summary · EN · 13 May 1980

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• Passed Senate amended

  summary · EN · 31 January 1980

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• Reported to Senate with amendment(s)

  summary · EN · 8 November 1979

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• Passed House amended

  summary · EN · 6 September 1979

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• Reported to House with amendment(s)

  summary · EN · 23 April 1979

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• Introduced in House

  summary · EN · 27 March 1979

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