TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 7 - SOCIAL SECURITY
SUBCHAPTER XVI - SUPPLEMENTAL SECURITY INCOME FOR AGED, BLIND, AND
DISABLED
Part B - Procedural and General Provisions
HEAD
Sec. 1383. Procedure for payment of benefits
STATUTE
(a) Time, manner, form, and duration of payments; representative
payees; promulgation of regulations
(1) Benefits under this subchapter shall be paid at such time or
times and (subject to paragraph (10)) in such installments as will
best effectuate the purposes of this subchapter, as determined
under regulations (and may in any case be paid less frequently than
monthly where the amount of the monthly benefit would not exceed
$10).
(2)(A)(i) Payments of the benefit of any individual may be made
to any such individual or to the eligible spouse (if any) of such
individual or partly to each.
(ii)(I) Upon a determination by the Commissioner of Social
Security that the interest of such individual would be served
thereby, such payments shall be made, regardless of the legal
competency or incompetency of the individual or eligible spouse, to
another individual, or an organization, with respect to whom the
requirements of subparagraph (B) have been met (in this paragraph
referred to as such individual's "representative payee") for the
use and benefit of the individual or eligible spouse.
(II) In the case of an individual eligible for benefits under
this subchapter by reason of disability, the payment of such
benefits shall be made to a representative payee if the
Commissioner of Social Security determines that such payment would
serve the interest of the individual because the individual also
has an alcoholism or drug addiction condition (as determined by the
Commissioner) and the individual is incapable of managing such
benefits.
(iii) If the Commissioner of Social Security or a court of
competent jurisdiction determines that the representative payee of
an individual or eligible spouse has misused any benefits which
have been paid to the representative payee pursuant to clause (ii)
or section 405(j)(1) or 1007 of this title, the Commissioner of
Social Security shall promptly terminate payment of benefits to the
representative payee pursuant to this subparagraph, and provide for
payment of benefits to an alternative representative payee of the
individual or eligible spouse or, if the interest of the individual
under this subchapter would be served thereby, to the individual or
eligible spouse.
(iv) For purposes of this paragraph, misuse of benefits by a
representative payee occurs in any case in which the representative
payee receives payment under this subchapter for the use and
benefit of another person and converts such payment, or any part
thereof, to a use other than for the use and benefit of such other
person. The Commissioner of Social Security may prescribe by
regulation the meaning of the term "use and benefit" for purposes
of this clause.
(B)(i) Any determination made under subparagraph (A) for payment
of benefits to the representative payee of an individual or
eligible spouse shall be made on the basis of -
(I) an investigation by the Commissioner of Social Security of
the person to serve as representative payee, which shall be
conducted in advance of such payment, and shall, to the extent
practicable, include a face-to-face interview with such person;
and
(II) adequate evidence that such payment is in the interest of
the individual or eligible spouse (as determined by the
Commissioner of Social Security in regulations).
(ii) As part of the investigation referred to in clause (i)(I),
the Commissioner of Social Security shall -
(I) require the person being investigated to submit documented
proof of the identity of such person, unless information
establishing such identity was submitted with an application for
benefits under subchapter II of this chapter, subchapter VIII of
this chapter, or this subchapter;
(II) verify the social security account number (or employer
identification number) of such person;
(III) determine whether such person has been convicted of a
violation of section 408, 1011, or 1383a of this title;
(IV) obtain information concerning whether the person has been
convicted of any other offense under Federal or State law which
resulted in imprisonment for more than 1 year;
(V) obtain information concerning whether such person is a
person described in section 1382(e)(4)(A) of this title; and
(VI) determine whether payment of benefits to such person has
been terminated pursuant to subparagraph (A)(iii), whether the
designation of such person as a representative payee has been
revoked pursuant to section 1007(a) of this title, and whether
certification of payment of benefits to such person has been
revoked pursuant to section 405(j) of this title, by reason of
misuse of funds paid as benefits under subchapter II of this
chapter, subchapter VIII of this chapter, or this subchapter.
(iii) Benefits of an individual may not be paid to any other
person pursuant to subparagraph (A)(ii) if -
(I) such person has previously been convicted as described in
clause (ii)(III);
(II) except as provided in clause (iv), payment of benefits to
such person pursuant to subparagraph (A)(ii) has previously been
terminated as described in clause (ii)(VI), the designation of
such person as a representative payee has been revoked pursuant
to section 1007(a) of this title, or certification of payment of
benefits to such person under section 405(j) of this title has
previously been revoked as described in section
405(j)(2)(B)(i)(VI) of this title;
(III) except as provided in clause (v), such person is a
creditor of such individual who provides such individual with
goods or services for consideration;
(IV) the person has previously been convicted as described in
clause (ii)(IV) of this subparagraph, unless the Commissioner
determines that the payment would be appropriate notwithstanding
the conviction; or
(V) such person is a person described in section 1382(e)(4)(A)
of this title.
(iv) The Commissioner of Social Security shall prescribe
regulations under which the Commissioner of Social Security may
grant an exemption from clause (iii)(II) to any person on a case-by-
case basis if such exemption would be in the best interest of the
individual or eligible spouse whose benefits under this subchapter
would be paid to such person pursuant to subparagraph (A)(ii).
(v) Clause (iii)(III) shall not apply with respect to any person
who is a creditor referred to therein if such creditor is -
(I) a relative of such individual if such relative resides in
the same household as such individual;
(II) a legal guardian or legal representative of such
individual;
(III) a facility that is licensed or certified as a care
facility under the law of a State or a political subdivision of a
State;
(IV) a person who is an administrator, owner, or employee of a
facility referred to in subclause (III) if such individual
resides in such facility, and the payment of benefits under this
subchapter to such facility or such person is made only after
good faith efforts have been made by the local servicing office
of the Social Security Administration to locate an alternative
representative payee to whom the payment of such benefits would
serve the best interests of such individual; or
(V) an individual who is determined by the Commissioner of
Social Security, on the basis of written findings and under
procedures which the Commissioner of Social Security shall
prescribe by regulation, to be acceptable to serve as a
representative payee.
(vi) The procedures referred to in clause (v)(V) shall require
the individual who will serve as representative payee to establish,
to the satisfaction of the Commissioner of Social Security, that -
(I) such individual poses no risk to the beneficiary;
(II) the financial relationship of such individual to the
beneficiary poses no substantial conflict of interest; and
(III) no other more suitable representative payee can be found.
(vii) In the case of an individual described in subparagraph
(A)(ii)(II), when selecting such individual's representative payee,
preference shall be given to -
(I) a certified community-based nonprofit social service agency
(as defined in subparagraph (I));
(II) a Federal, State, or local government agency whose mission
is to carry out income maintenance, social service, or health
care-related activities;
(III) a State or local government agency with fiduciary
responsibilities; or
(IV) a designee of an agency (other than of a Federal agency)
referred to in the preceding subclauses of this clause, if the
Commissioner of Social Security deems it appropriate,
unless the Commissioner of Social Security determines that
selection of a family member would be appropriate.
(viii) Subject to clause (ix), if the Commissioner of Social
Security makes a determination described in subparagraph (A)(ii)
with respect to any individual's benefit and determines that direct
payment of the benefit to the individual would cause substantial
harm to the individual, the Commissioner of Social Security may
defer (in the case of initial entitlement) or suspend (in the case
of existing entitlement) direct payment of such benefit to the
individual, until such time as the selection of a representative
payee is made pursuant to this subparagraph.
(ix)(I) Except as provided in subclause (II), any deferral or
suspension of direct payment of a benefit pursuant to clause (viii)
shall be for a period of not more than 1 month.
(II) Subclause (I) shall not apply in any case in which the
individual or eligible spouse is, as of the date of the
Commissioner's determination, legally incompetent, under the age of
15 years, or described in subparagraph (A)(ii)(II).
(x) Payment pursuant to this subparagraph of any benefits which
are deferred or suspended pending the selection of a representative
payee shall be made to the individual, or to the representative
payee upon such selection, as a single sum or over such period of
time as the Commissioner of Social Security determines is in the
best interests of the individual entitled to such benefits.
(xi) Any individual who is dissatisfied with a determination by
the Commissioner of Social Security to pay such individual's
benefits to a representative payee under this subchapter, or with
the designation of a particular person to serve as representative
payee, shall be entitled to a hearing by the Commissioner of Social
Security, and to judicial review of the Commissioner's final
decision, to the same extent as is provided in subsection (c) of
this section.
(xii) In advance of the first payment of an individual's benefit
to a representative payee under subparagraph (A)(ii), the
Commissioner of Social Security shall provide written notice of the
Commissioner's initial determination to make any such payment. Such
notice shall be provided to such individual, except that, if such
individual -
(I) is under the age of 15,
(II) is an unemancipated minor under the age of 18, or
(III) is legally incompetent,
then such notice shall be provided solely to the legal guardian or
legal representative of such individual.
(xiii) Any notice described in clause (xii) shall be clearly
written in language that is easily understandable to the reader,
shall identify the person to be designated as such individual's
representative payee, and shall explain to the reader the right
under clause (xi) of such individual or of such individual's legal
guardian or legal representative -
(I) to appeal a determination that a representative payee is
necessary for such individual,
(II) to appeal the designation of a particular person to serve
as the representative payee of such individual, and
(III) to review the evidence upon which such designation is
based and submit additional evidence.
(xiv) Notwithstanding the provisions of section 552a of title 5
or any other provision of Federal or State law (other than section
6103 of the Internal Revenue Code of 1986 and section 1306(c) of
this title), the Commissioner shall furnish any Federal, State, or
local law enforcement officer, upon the written request of the
officer, with the current address, social security account number,
and photograph (if applicable) of any person investigated under
this subparagraph, if the officer furnishes the Commissioner with
the name of such person and such other identifying information as
may reasonably be required by the Commissioner to establish the
unique identity of such person, and notifies the Commissioner that -
(I) such person is described in section 1382(e)(4)(A) of this
title,
(II) such person has information that is necessary for the
officer to conduct the officer's official duties, and
(III) the location or apprehension of such person is within the
officer's official duties.
(C)(i) In any case where payment is made under this subchapter to
a representative payee of an individual or spouse, the Commissioner
of Social Security shall establish a system of accountability
monitoring whereby such person shall report not less often than
annually with respect to the use of such payments. The Commissioner
of Social Security shall establish and implement statistically
valid procedures for reviewing such reports in order to identify
instances in which such persons are not properly using such
payments.
(ii) Clause (i) shall not apply in any case where the
representative payee is a State institution. In such cases, the
Commissioner of Social Security shall establish a system of
accountability monitoring for institutions in each State.
(iii) Clause (i) shall not apply in any case where the individual
entitled to such payment is a resident of a Federal institution and
the representative payee is the institution.
(iv) Notwithstanding clauses (i), (ii), and (iii), the
Commissioner of Social Security may require a report at any time
from any representative payee, if the Commissioner of Social
Security has reason to believe that the representative payee is
misusing such payments.
(v) In any case in which the person described in clause (i) or
(iv) receiving payments on behalf of another fails to submit a
report required by the Commissioner of Social Security under clause
(i) or (iv), the Commissioner may, after furnishing notice to the
person and the individual entitled to the payment, require that
such person appear in person at a field office of the Social
Security Administration serving the area in which the individual
resides in order to receive such payments.
(D)(i) Except as provided in the next sentence, a qualified
organization may collect from an individual a monthly fee for
expenses (including overhead) incurred by such organization in
providing services performed as such individual's representative
payee pursuant to subparagraph (A)(ii) if the fee does not exceed
the lesser of -
(I) 10 percent of the monthly benefit involved, or
(II) $25.00 per month ($50.00 per month in any case in which an
individual is described in subparagraph (A)(ii)(II)).
A qualified organization may not collect a fee from an individual
for any month with respect to which the Commissioner of Social
Security or a court of competent jurisdiction has determined that
the organization misused all or part of the individual's benefit,
and any amount so collected by the qualified organization for such
month shall be treated as a misused part of the individual's
benefit for purposes of subparagraphs (E) and (F). The Commissioner
of Social Security shall adjust annually (after 1995) each dollar
amount set forth in subclause (II) of this clause under procedures
providing for adjustments in the same manner and to the same extent
as adjustments are provided for under the procedures used to adjust
benefit amounts under section 415(i)(2)(A) of this title, except
that any amount so adjusted that is not a multiple of $1.00 shall
be rounded to the nearest multiple of $1.00. Any agreement
providing for a fee in excess of the amount permitted under this
clause shall be void and shall be treated as misuse by the
organization of such individual's benefits.
(ii) For purposes of this subparagraph, the term "qualified
organization" means any State or local government agency whose
mission is to carry out income maintenance, social service, or
health care-related activities, any State or local government
agency with fiduciary responsibilities, or any certified community-
based nonprofit social service agency (as defined in subparagraph
(I)), if the agency, in accordance with any applicable regulations
of the Commissioner of Social Security -
(I) regularly provides services as a representative payee
pursuant to subparagraph (A)(ii) or section 405(j)(4) or 1007
of this title concurrently to 5 or more individuals; and
(II) demonstrates to the satisfaction of the Commissioner of
Social Security that such agency is not otherwise a creditor of
any such individual.
The Commissioner of Social Security shall prescribe regulations
under which the Commissioner of Social Security may grant an
exception from subclause (II) for any individual on a case-by-case
basis if such exception is in the best interests of such
individual.
(iii) Any qualified organization which knowingly charges or
collects, directly or indirectly, any fee in excess of the maximum
fee prescribed under clause (i) or makes any agreement, directly or
indirectly, to charge or collect any fee in excess of such maximum
fee, shall be fined in accordance with title 18, or imprisoned not
more than 6 months, or both.
(iv) In the case of an individual who is no longer eligible for
benefits under this subchapter but to whom any amount of past-due
benefits under this subchapter has not been paid, for purposes of
clause (i), any amount of such past-due benefits payable in any
month shall be treated as a monthly benefit referred to in clause
(i)(I).
(E) Restitution. - In cases where the negligent failure of the
Commissioner of Social Security to investigate or monitor a
representative payee results in misuse of benefits by the
representative payee, the Commissioner of Social Security shall
make payment to the beneficiary or the beneficiary's representative
payee of an amount equal to such misused benefits. In any case in
which a representative payee that -
(i) is not an individual (regardless of whether it is a
"qualified organization" within the meaning of subparagraph
(D)(ii)); or
(ii) is an individual who, for any month during a period when
misuse occurs, serves 15 or more individuals who are
beneficiaries under this subchapter, subchapter II of this
chapter, subchapter VIII of this chapter, or any combination of
such subchapters;
misuses all or part of an individual's benefit paid to such
representative payee, the Commissioner of Social Security shall pay
to the beneficiary or the beneficiary's alternative representative
payee an amount equal to the amount of such benefit so misused. The
provisions of this subparagraph are subject to the limitations of
subparagraph (H)(ii). The Commissioner of Social Security shall
make a good faith effort to obtain restitution from the terminated
representative payee.
(F)(i)(I) Each representative payee of an eligible individual
under the age of 18 who is eligible for the payment of benefits
described in subclause (II) shall establish on behalf of such
individual an account in a financial institution into which such
benefits shall be paid, and shall thereafter maintain such account
for use in accordance with clause (ii).
(II) Benefits described in this subclause are past-due monthly
benefits under this subchapter (which, for purposes of this
subclause, include State supplementary payments made by the
Commissioner pursuant to an agreement under section 1382e of this
title or section 212(b) of Public Law 93-66) in an amount (after
any withholding by the Commissioner for reimbursement to a State
for interim assistance under subsection (g) of this section and
payment of attorney fees under subsection (d)(2)(B) of this
section) that exceeds the product of -
(aa) 6, and
(bb) the maximum monthly benefit payable under this subchapter
to an eligible individual.
(ii)(I) A representative payee shall use funds in the account
established under clause (i) to pay for allowable expenses
described in subclause (II).
(II) An allowable expense described in this subclause is an
expense for -
(aa) education or job skills training;
(bb) personal needs assistance;
(cc) special equipment;
(dd) housing modification;
(ee) medical treatment;
(ff) therapy or rehabilitation; or
(gg) any other item or service that the Commissioner determines
to be appropriate;
provided that such expense benefits such individual and, in the
case of an expense described in item (bb), (cc), (dd), (ff), or
(gg), is related to the impairment (or combination of impairments)
of such individual.
(III) The use of funds from an account established under clause
(i) in any manner not authorized by this clause -
(aa) by a representative payee shall be considered a
misapplication of benefits for all purposes of this paragraph,
and any representative payee who knowingly misapplies benefits
from such an account shall be liable to the Commissioner in an
amount equal to the total amount of such benefits; and
(bb) by an eligible individual who is his or her own payee
shall be considered a misapplication of benefits for all purposes
of this paragraph and in any case in which the individual
knowingly misapplies benefits from such an account, the
Commissioner shall reduce future benefits payable to such
individual (or to such individual and his spouse) by an amount
equal to the total amount of such benefits so misapplied.
(IV) This clause shall continue to apply to funds in the account
after the child has reached age 18, regardless of whether benefits
are paid directly to the beneficiary or through a representative
payee.
(iii) The representative payee may deposit into the account
established under clause (i) any other funds representing past due
benefits under this subchapter to the eligible individual, provided
that the amount of such past due benefits is equal to or exceeds
the maximum monthly benefit payable under this subchapter to an
eligible individual (including State supplementary payments made by
the Commissioner pursuant to an agreement under section 1382e of
this title or section 212(b) of Public Law 93-66).
(iv) The Commissioner of Social Security shall establish a system
for accountability monitoring whereby such representative payee
shall report, at such time and in such manner as the Commissioner
shall require, on activity respecting funds in the account
established pursuant to clause (i).
(G)(i) In addition to such other reviews of representative payees
as the Commissioner of Social Security may otherwise conduct, the
Commissioner shall provide for the periodic onsite review of any
person or agency that receives the benefits payable under this
subchapter (alone or in combination with benefits payable under
subchapter II of this chapter or subchapter VIII of this chapter)
to another individual pursuant to the appointment of the person or
agency as a representative payee under this paragraph, section
405(j) of this title, or section 1007 of this title in any case in
which -
(I) the representative payee is a person who serves in that
capacity with respect to 15 or more such individuals;
(II) the representative payee is a certified community-based
nonprofit social service agency (as defined in subparagraph (I)
of this paragraph or section 405(j)(10) of this title); or
(III) the representative payee is an agency (other than an
agency described in subclause (II)) that serves in that capacity
with respect to 50 or more such individuals.
(ii) Within 120 days after the end of each fiscal year, the
Commissioner shall submit to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the Senate
a report on the results of periodic onsite reviews conducted during
the fiscal year pursuant to clause (i) and of any other reviews of
representative payees conducted during such fiscal year in
connection with benefits under this subchapter. Each such report
shall describe in detail all problems identified in the reviews and
any corrective action taken or planned to be taken to correct the
problems, and shall include -
(I) the number of the reviews;
(II) the results of such reviews;
(III) the number of cases in which the representative payee was
changed and why;
(IV) the number of cases involving the exercise of expedited,
targeted oversight of the representative payee by the
Commissioner conducted upon receipt of an allegation of misuse of
funds, failure to pay a vendor, or a similar irregularity;
(V) the number of cases discovered in which there was a misuse
of funds;
(VI) how any such cases of misuse of funds were dealt with by
the Commissioner;
(VII) the final disposition of such cases of misuse of funds,
including any criminal penalties imposed; and
(VIII) such other information as the Commissioner deems
appropriate.
(H)(i) If the Commissioner of Social Security or a court of
competent jurisdiction determines that a representative payee that
is not a Federal, State, or local government agency has misused all
or part of an individual's benefit that was paid to the
representative payee under this paragraph, the representative payee
shall be liable for the amount misused, and the amount (to the
extent not repaid by the representative payee) shall be treated as
an overpayment of benefits under this subchapter to the
representative payee for all purposes of this chapter and related
laws pertaining to the recovery of the overpayments. Subject to
clause (ii), upon recovering all or any part of the amount, the
Commissioner shall make payment of an amount equal to the recovered
amount to such individual or such individual's alternative
representative payee.
(ii) The total of the amount paid to such individual or such
individual's alternative representative payee under clause (i) and
the amount paid under subparagraph (E) may not exceed the total
benefit amount misused by the representative payee with respect to
such individual.
(I) For purposes of this paragraph, the term "certified community-
based nonprofit social service agency" means a community-based
nonprofit social service agency which is in compliance with
requirements, under regulations which shall be prescribed by the
Commissioner, for annual certification to the Commissioner that it
is bonded in accordance with requirements specified by the
Commissioner and that it is licensed in each State in which it
serves as a representative payee (if licensing is available in the
State) in accordance with requirements specified by the
Commissioner. Any such annual certification shall include a copy of
any independent audit on the agency which may have been performed
since the previous certification.
(3) The Commissioner of Social Security may by regulation
establish ranges of incomes within which a single amount of
benefits under this subchapter shall apply.
(4) The Commissioner of Social Security -
(A) may make to any individual initially applying for benefits
under this subchapter who is presumptively eligible for such
benefits for the month following the date the application is
filed and who is faced with financial emergency a cash advance
against such benefits, including any federally-administered State
supplementary payments, in an amount not exceeding the monthly
amount that would be payable to an eligible individual with no
other income for the first month of such presumptive eligibility,
which shall be repaid through proportionate reductions in such
benefits over a period of not more than 6 months; and
(B) may pay benefits under this subchapter to an individual
applying for such benefits on the basis of disability or
blindness for a period not exceeding 6 months prior to the
determination of such individual's disability or blindness, if
such individual is presumptively disabled or blind and is
determined to be otherwise eligible for such benefits, and any
benefits so paid prior to such determination shall in no event be
considered overpayments for purposes of subsection (b) of this
section solely because such individual is determined not to be
disabled or blind.
(5) Payment of the benefit of any individual who is an aged,
blind, or disabled individual solely by reason of blindness (as
determined under section 1382c(a)(2) of this title) or disability
(as determined under section 1382c(a)(3) of this title), and who
ceases to be blind or to be under such disability, shall continue
(so long as such individual is otherwise eligible) through the
second month following the month in which such blindness or
disability ceases.
(6) Notwithstanding any other provision of this subchapter,
payment of the benefit of any individual who is an aged, blind, or
disabled individual solely by reason of blindness (as determined
under section 1382c(a)(2) of this title) or disability (as
determined under section 1382c(a)(3) of this title) shall not be
terminated or suspended because the blindness or other physical or
mental impairment, on which the individual's eligibility for such
benefit is based, has or may have ceased, if -
(A) such individual is participating in a program consisting of
the Ticket to Work and Self-Sufficiency Program under section
1320b-19 of this title or another program of vocational
rehabilitation services, employment services, or other support
services approved by the Commissioner of Social Security, and
(B) the Commissioner of Social Security determines that the
completion of such program, or its continuation for a specified
period of time, will increase the likelihood that such individual
may (following his participation in such program) be permanently
removed from the blindness and disability benefit rolls.
(7)(A) In any case where -
(i) an individual is a recipient of benefits based on
disability or blindness under this subchapter,
(ii) the physical or mental impairment on the basis of which
such benefits are payable is found to have ceased, not to have
existed, or to no longer be disabling, and as a consequence such
individual is determined not to be entitled to such benefits, and
(iii) a timely request for review or for a hearing is pending
with respect to the determination that he is not so entitled,
such individual may elect (in such manner and form and within such
time as the Commissioner of Social Security shall by regulations
prescribe) to have the payment of such benefits continued for an
additional period beginning with the first month beginning after
October 9, 1984, for which (under such determination) such benefits
are no longer otherwise payable, and ending with the earlier of (I)
the month preceding the month in which a decision is made after
such a hearing, or (II) the month preceding the month in which no
such request for review or a hearing is pending.
(B)(i) If an individual elects to have the payment of his
benefits continued for an additional period under subparagraph (A),
and the final decision of the Commissioner of Social Security
affirms the determination that he is not entitled to such benefits,
any benefits paid under this subchapter pursuant to such election
(for months in such additional period) shall be considered
overpayments for all purposes of this subchapter, except as
otherwise provided in clause (ii).
(ii) If the Commissioner of Social Security determines that the
individual's appeal of his termination of benefits was made in good
faith, all of the benefits paid pursuant to such individual's
election under subparagraph (A) shall be subject to waiver
consideration under the provisions of subsection (b)(1) of this
section.
(C) The provisions of subparagraphs (A) and (B) shall apply with
respect to determinations (that individuals are not entitled to
benefits) which are made on or after October 9, 1984, or prior to
such date but only on the basis of a timely request for review or
for a hearing.
(8)(A) In any case in which an administrative law judge has
determined after a hearing as provided in subsection (c) of this
section that an individual is entitled to benefits based on
disability or blindness under this subchapter and the Commissioner
of Social Security has not issued the Commissioner's final decision
in such case within 110 days after the date of the administrative
law judge's determination, such benefits shall be currently paid
for the months during the period beginning with the month in which
such 110-day period expires and ending with the month in which such
final decision is issued.
(B) For purposes of subparagraph (A), in determining whether the
110-day period referred to in subparagraph (A) has elapsed, any
period of time for which the action or inaction of such individual
or such individual's representative without good cause results in
the delay in the issuance of the Commissioner's final decision
shall not be taken into account to the extent that such period of
time exceeds 20 calendar days.
(C) Any benefits currently paid under this subchapter pursuant to
this paragraph (for the months described in subparagraph (A)) shall
not be considered overpayments for any purposes of this subchapter,
unless payment of such benefits was fraudulently obtained.
(9) Benefits under this subchapter shall not be denied to any
individual solely by reason of the refusal of the individual to
accept an amount offered as compensation for a crime of which the
individual was a victim.
(10)(A) If an individual is eligible for past-due monthly
benefits under this subchapter in an amount that (after any
withholding for reimbursement to a State for interim assistance
under subsection (g) of this section and payment of attorney fees
under subsection (d)(2)(B) of this section) equals or exceeds the
product of -
(i) 3, and
(ii) the maximum monthly benefit payable under this subchapter
to an eligible individual (or, if appropriate, to an eligible
individual and eligible spouse),
then the payment of such past-due benefits (after any such
reimbursement to a State and payment of attorney fees under
subsection (d)(2)(B) of this section) shall be made in installments
as provided in subparagraph (B).
(B)(i) The payment of past-due benefits subject to this
subparagraph shall be made in not to exceed 3 installments that are
made at 6-month intervals.
(ii) Except as provided in clause (iii), the amount of each of
the first and second installments may not exceed an amount equal to
the product of clauses (i) and (ii) of subparagraph (A).
(iii) In the case of an individual who has -
(I) outstanding debt attributable to -
(aa) food,
(bb) clothing,
(cc) shelter, or
(dd) medically necessary services, supplies or equipment, or
medicine; or
(II) current expenses or expenses anticipated in the near term
attributable to -
(aa) medically necessary services, supplies or equipment, or
medicine, or
(bb) the purchase of a home, and
such debt or expenses are not subject to reimbursement by a public
assistance program, the Secretary under subchapter XVIII of this
chapter, a State plan approved under subchapter XIX of this
chapter, or any private entity legally liable to provide payment
pursuant to an insurance policy, pre-paid plan, or other
arrangement, the limitation specified in clause (ii) may be
exceeded by an amount equal to the total of such debt and expenses.
(C) This paragraph shall not apply to any individual who, at the
time of the Commissioner's determination that such individual is
eligible for the payment of past-due monthly benefits under this
subchapter -
(i) is afflicted with a medically determinable impairment that
is expected to result in death within 12 months; or
(ii) is ineligible for benefits under this subchapter and the
Commissioner determines that such individual is likely to remain
ineligible for the next 12 months.
(D) For purposes of this paragraph, the term "benefits under this
subchapter" includes supplementary payments pursuant to an
agreement for Federal administration under section 1382e(a) of this
title, and payments pursuant to an agreement entered into under
section 212(b) of Public Law 93-66.
(b) Overpayments and underpayments; adjustment, recovery, or
payment of amounts by Commissioner
(1)(A) Whenever the Commissioner of Social Security finds that
more or less than the correct amount of benefits has been paid with
respect to any individual, proper adjustment or recovery shall,
subject to the succeeding provisions of this subsection, be made by
appropriate adjustments in future payments to such individual or by
recovery from such individual or his eligible spouse (or from the
estate of either) or by payment to such individual or his eligible
spouse, or, if such individual is deceased, by payment -
(i) to any surviving spouse of such individual, whether or not
the individual's eligible spouse, if (within the meaning of the
first sentence of section 402(i) of this title) such surviving
husband or wife was living in the same household with the
individual at the time of his death or within the 6 months
immediately preceding the month of such death, or
(ii) if such individual was a disabled or blind child who was
living with his parent or parents at the time of his death or
within the 6 months immediately preceding the month of such
death, to such parent or parents.
(B) The Commissioner of Social Security (i) shall make such
provision as the Commissioner finds appropriate in the case of
payment of more than the correct amount of benefits with respect to
an individual with a view to avoiding penalizing such individual or
his eligible spouse who was without fault in connection with the
overpayment, if adjustment or recovery on account of such
overpayment in such case would defeat the purposes of this
subchapter, or be against equity and good conscience, or (because
of the small amount involved) impede efficient or effective
administration of this subchapter, and (ii) shall in any event make
the adjustment or recovery (in the case of payment of more than the
correct amount of benefits), in the case of an individual or
eligible spouse receiving monthly benefit payments under this
subchapter (including supplementary payments of the type described
in section 1382e(a) of this title and payments pursuant to an
agreement entered into under section 212(a) of Public Law 93-66),
in amounts which in the aggregate do not exceed (for any month) the
lesser of (I) the amount of his or their benefit under this
subchapter for that month or (II) an amount equal to 10 percent of
his or their income for that month (including such benefit but
excluding payments under subchapter II of this chapter when
recovery is made from subchapter II payments pursuant to section
1320b-17 of this title and excluding income excluded pursuant to
section 1382a(b) of this title), and in the case of an individual
or eligible spouse to whom a lump sum is payable under this
subchapter (including under section 1382e(a) of this title or under
an agreement entered into under section 212(a) of Public Law 93-66)
shall, as at least one means of recovering such overpayment, make
the adjustment or recovery from the lump sum payment in an amount
equal to not less than the lesser of the amount of the overpayment
or the lump sum payment, unless fraud, willful misrepresentation,
or concealment of material information was involved on the part of
the individual or spouse in connection with the overpayment, or
unless the individual requests that such adjustment or recovery be
made at a higher or lower rate and the Commissioner of Social
Security determines that adjustment or recovery at such rate is
justified and appropriate. The availability (in the case of an
individual who has been paid more than the correct amount of
benefits) of procedures for adjustment or recovery at a limited
rate under clause (ii) of the preceding sentence shall not, in and
of itself, prevent or restrict the provision (in such case) of more
substantial relief under clause (i) of such sentence.
(2) Notwithstanding any other provision of this section, when any
payment of more than the correct amount is made to or on behalf of
an individual who has died, and such payment -
(A) is made by direct deposit to a financial institution;
(B) is credited by the financial institution to a joint account
of the deceased individual and another person; and
(C) such other person is the surviving spouse of the deceased
individual, and was eligible for a payment under this subchapter
(including any State supplementation payment paid by the
Commissioner of Social Security) as an eligible spouse (or as
either member of an eligible couple) for the month in which the
deceased individual died,
the amount of such payment in excess of the correct amount shall be
treated as a payment of more than the correct amount to such other
person. If any payment of more than the correct amount is made to a
representative payee on behalf of an individual after the
individual's death, the representative payee shall be liable for
the repayment of the overpayment, and the Commissioner of Social
Security shall establish an overpayment control record under the
social security account number of the representative payee.
(3) If any overpayment with respect to an individual (or an
individual and his or her spouse) is attributable solely to the
ownership or possession by such individual (and spouse if any) of
resources having a value which exceeds the applicable dollar figure
specified in paragraph (1)(B) or (2)(B) of section 1382(a) of this
title by $50 or less, such individual (and spouse if any) shall be
deemed for purposes of the second sentence of paragraph (1) to have
been without fault in connection with the overpayment, and no
adjustment or recovery shall be made under the first sentence of
such paragraph, unless the Commissioner of Social Security finds
that the failure of such individual (and spouse if any) to report
such value correctly and in a timely manner was knowing and
willful.
(4)(A) With respect to any delinquent amount, the Commissioner of
Social Security may use the collection practices described in
sections 3711(f), 3716, 3717, and 3718 of title 31 and in section
5514 of title 5, all as in effect immediately after April 26, 1996.
(B) For purposes of subparagraph (A), the term "delinquent
amount" means an amount -
(i) in excess of the correct amount of payment under this
subchapter;
(ii) paid to a person after such person has attained 18 years
of age; and
(iii) determined by the Commissioner of Social Security, under
regulations, to be otherwise unrecoverable under this section
after such person ceases to be a beneficiary under this
subchapter.
(5) For payments for which adjustments are made by reason of a
retroactive payment of benefits under subchapter II of this
chapter, see section 1320a-6 of this title.
(6) For provisions relating to the cross-program recovery of
overpayments made under programs administered by the Commissioner
of Social Security, see section 1320b-17 of this title.
(c) Hearing to determine eligibility or amount of benefits;
subsequent application; time within which to request hearing;
time for determinations of Commissioner pursuant to hearing;
judicial review
(1)(A) The Commissioner of Social Security is directed to make
findings of fact, and decisions as to the rights of any individual
applying for payment under this subchapter. Any such decision by
the Commissioner of Social Security which involves a determination
of disability and which is in whole or in part unfavorable to such
individual shall contain a statement of the case, in understandable
language, setting forth a discussion of the evidence, and stating
the Commissioner's determination and the reason or reasons upon
which it is based. The Commissioner of Social Security shall
provide reasonable notice and opportunity for a hearing to any
individual who is or claims to be an eligible individual or
eligible spouse and is in disagreement with any determination under
this subchapter with respect to eligibility of such individual for
benefits, or the amount of such individual's benefits, if such
individual requests a hearing on the matter in disagreement within
sixty days after notice of such determination is received, and, if
a hearing is held, shall, on the basis of evidence adduced at the
hearing affirm, modify, or reverse the Commissioner's findings of
fact and such decision. The Commissioner of Social Security is
further authorized, on the Commissioner's own motion, to hold such
hearings and to conduct such investigations and other proceedings
as the Commissioner may deem necessary or proper for the
administration of this subchapter. In the course of any hearing,
investigation, or other proceeding, the Commissioner may administer
oaths and affirmations, examine witnesses, and receive evidence.
Evidence may be received at any hearing before the Commissioner of
Social Security even though inadmissible under the rules of
evidence applicable to court procedure. The Commissioner of Social
Security shall specifically take into account any physical, mental,
educational, or linguistic limitation of such individual (including
any lack of facility with the English language) in determining,
with respect to the eligibility of such individual for benefits
under this subchapter, whether such individual acted in good faith
or was at fault, and in determining fraud, deception, or intent.
(B)(i) A failure to timely request review of an initial adverse
determination with respect to an application for any payment under
this subchapter or an adverse determination on reconsideration of
such an initial determination shall not serve as a basis for denial
of a subsequent application for any payment under this subchapter
if the applicant demonstrates that the applicant, or any other
individual referred to in subparagraph (A), failed to so request
such a review acting in good faith reliance upon incorrect,
incomplete, or misleading information, relating to the consequences
of reapplying for payments in lieu of seeking review of an adverse
determination, provided by any officer or employee of the Social
Security Administration or any State agency acting under section
421 of this title.
(ii) In any notice of an adverse determination with respect to
which a review may be requested under subparagraph (A), the
Commissioner of Social Security shall describe in clear and
specific language the effect on possible eligibility to receive
payments under this subchapter of choosing to reapply in lieu of
requesting review of the determination.
(2) Determination on the basis of such hearing, except to the
extent that the matter in disagreement involves a disability
(within the meaning of section 1382c(a)(3) of this title), shall be
made within ninety days after the individual requests the hearing
as provided in paragraph (1).
(3) The final determination of the Commissioner of Social
Security after a hearing under paragraph (1) shall be subject to
judicial review as provided in section 405(g) of this title to the
same extent as the Commissioner's final determinations under
section 405 of this title.
(d) Procedures applicable; prohibition on assignment of payments;
representation of claimants; maximum fees; penalties for
violations
(1) The provisions of section 407 of this title and subsections
(a), (d), and (e) of section 405 of this title shall apply with
respect to this part to the same extent as they apply in the case
of subchapter II of this chapter.
(2)(A) The provisions of section 406 of this title (other than
subsections (a)(4) and (d) thereof) shall apply to this part to the
same extent as they apply in the case of subchapter II of this
chapter, except that such section shall be applied -
(i) by substituting, in subparagraphs (A)(ii)(I) and (D)(i) of
subsection (a)(2) (!1) the phrase "(as determined before any
applicable reduction under section 1383(g) of this title, and
reduced by the amount of any reduction in benefits under this
subchapter or subchapter II of this chapter made pursuant to
section 1320a-6(a) of this title)" for the parenthetical phrase
contained therein;
(ii) by substituting, in subsections (a)(2)(B) and
(b)(1)(B)(i), the phrase "paragraph (7)(A) or (8)(A) of section
1383(a) of this title or the requirements of due process of law"
for the phrase "subsection (g) or (h) of section 423 of this
title";
(iii) by substituting, in subsection (a)(2)(C)(i), the phrase
"under subchapter II of this chapter" for the phrase "under
subchapter XVI of this chapter";
(iv) by substituting, in subsection (b)(1)(A), the phrase "pay
the amount of such fee" for the phrase "certify the amount of
such fee for payment" and by striking, in subsection (b)(1)(A),
the phrase "or certified for payment"; and
(v) by substituting, in subsection (b)(1)(B)(ii), the phrase
"deemed to be such amounts as determined before any applicable
reduction under section 1383(g) of this title, and reduced by the
amount of any reduction in benefits under this subchapter or
subchapter II of this chapter made pursuant to section 1320a-6(a)
of this title" for the phrase "determined before any applicable
reduction under section 1320a-6(a) of this title)".(!2)
(B) Subject to subparagraph (C), if the claimant is determined to
be entitled to past-due benefits under this subchapter and the
person representing the claimant is an attorney, the Commissioner
of Social Security shall pay out of such past-due benefits to such
attorney an amount equal to the lesser of -
(i) so much of the maximum fee as does not exceed 25 percent of
such past-due benefits (as determined before any applicable
reduction under subsection (g) of this section and reduced by the
amount of any reduction in benefits under this subchapter or
subchapter II of this chapter pursuant to section 1320a-6(a) of
this title), or
(ii) the amount of past-due benefits available after any
applicable reductions under subsection (g) of this section and
section 1320a-6(a) of this title.
(C)(i) Whenever a fee for services is required to be paid to an
attorney from a claimant's past-due benefits pursuant to
subparagraph (B), the Commissioner shall impose on the attorney an
assessment calculated in accordance with clause (ii).
(ii)(I) The amount of an assessment under clause (i) shall be
equal to the product obtained by multiplying the amount of the
representative's fee that would be required to be paid by
subparagraph (B) before the application of this subparagraph, by
the percentage specified in subclause (II), except that the maximum
amount of the assessment may not exceed $75. In the case of any
calendar year beginning after the amendments made by section 302 of
the Social Security Protection Act of 2003 (!3) take effect, the
dollar amount specified in the preceding sentence (including a
previously adjusted amount) shall be adjusted annually under the
procedures used to adjust benefit amounts under section
415(i)(2)(A)(ii) of this title, except such adjustment shall be
based on the higher of $75 or the previously adjusted amount that
would have been in effect for December of the preceding year, but
for the rounding of such amount pursuant to the following sentence.
Any amount so adjusted that is not a multiple of $1 shall be
rounded to the next lowest multiple of $1, but in no case less than
$75.
(II) The percentage specified in this subclause is such
percentage rate as the Commissioner determines is necessary in
order to achieve full recovery of the costs of determining and
approving fees to attorneys from the past-due benefits of
claimants, but not in excess of 6.3 percent.
(iii) The Commissioner may collect the assessment imposed on an
attorney under clause (i) by offset from the amount of the fee
otherwise required by subparagraph (B) to be paid to the attorney
from a claimant's past-due benefits.
(iv) An attorney subject to an assessment under clause (i) may
not, directly or indirectly, request or otherwise obtain
reimbursement for such assessment from the claimant whose claim
gave rise to the assessment.
(v) Assessments on attorneys collected under this subparagraph
shall be deposited as miscellaneous receipts in the general fund of
the Treasury.
(vi) The assessments authorized under this subparagraph shall be
collected and available for obligation only to the extent and in
the amount provided in advance in appropriations Acts. Amounts so
appropriated are authorized to remain available until expended, for
administrative expenses in carrying out this subchapter and related
laws.
(D) The Commissioner of Social Security shall notify each
claimant in writing, together with the notice to such claimant of
an adverse determination, of the options for obtaining attorneys to
represent individuals in presenting their cases before the
Commissioner of Social Security. Such notification shall also
advise the claimant of the availability to qualifying claimants of
legal services organizations which provide legal services free of
charge.
(e) Administrative requirements prescribed by Commissioner;
criteria; reduction of benefits to individual for noncompliance
with requirements; payment to homeless
(1)(A) The Commissioner of Social Security shall, subject to
subparagraph (B) and subsection (j) of this section, prescribe such
requirements with respect to the filing of applications, the
suspension or termination of assistance, the furnishing of other
data and material, and the reporting of events and changes in
circumstances, as may be necessary for the effective and efficient
administration of this subchapter.
(B)(i) The requirements prescribed by the Commissioner of Social
Security pursuant to subparagraph (A) shall require that
eligibility for benefits under this subchapter will not be
determined solely on the basis of declarations by the applicant
concerning eligibility factors or other relevant facts, and that
relevant information will be verified from independent or
collateral sources and additional information obtained as necessary
in order to assure that such benefits are only provided to eligible
individuals (or eligible spouses) and that the amounts of such
benefits are correct. For this purpose and for purposes of
federally administered supplementary payments of the type described
in section 1382e(a) of this title (including payments pursuant to
an agreement entered into under section 212(a) of Public Law 93-
66), the Commissioner of Social Security shall, as may be
necessary, request and utilize information available pursuant to
section 6103(l)(7) of the Internal Revenue Code of 1986, and any
information which may be available from State systems under section
1320b-7 of this title, and shall comply with the requirements
applicable to States (with respect to information available
pursuant to section 6103(l)(7)(B) of such Code) under subsections
(a)(6) and (c) of such section 1320b-7 of this title.
(ii)(I) The Commissioner of Social Security may require each
applicant for, or recipient of, benefits under this subchapter to
provide authorization by the applicant or recipient (or by any
other person whose income or resources are material to the
determination of the eligibility of the applicant or recipient for
such benefits) for the Commissioner to obtain (subject to the cost
reimbursement requirements of section 1115(a) of the Right to
Financial Privacy Act [12 U.S.C. 3415]) from any financial
institution (within the meaning of section 1101(1) of such Act [12
U.S.C. 3401(1)]) any financial record (within the meaning of
section 1101(2) of such Act [12 U.S.C. 3401(2)]) held by the
institution with respect to the applicant or recipient (or any such
other person) whenever the Commissioner determines the record is
needed in connection with a determination with respect to such
eligibility or the amount of such benefits.
(II) Notwithstanding section 1104(a)(1) of the Right to Financial
Privacy Act [12 U.S.C. 3404(a)(1)], an authorization provided by an
applicant or recipient (or any other person whose income or
resources are material to the determination of the eligibility of
the applicant or recipient) pursuant to subclause (I) of this
clause shall remain effective until the earliest of -
(aa) the rendering of a final adverse decision on the
applicant's application for eligibility for benefits under this
subchapter;
(bb) the cessation of the recipient's eligibility for benefits
under this subchapter; or
(cc) the express revocation by the applicant or recipient (or
such other person referred to in subclause (I)) of the
authorization, in a written notification to the Commissioner.
(III)(aa) An authorization obtained by the Commissioner of Social
Security pursuant to this clause shall be considered to meet the
requirements of the Right to Financial Privacy Act [12 U.S.C. 3401
et seq.] for purposes of section 1103(a) of such Act [12 U.S.C.
3403(a)], and need not be furnished to the financial institution,
notwithstanding section 1104(a) of such Act [12 U.S.C. 3404(a)].
(bb) The certification requirements of section 1103(b) of the
Right to Financial Privacy Act [12 U.S.C. 3403(b)] shall not apply
to requests by the Commissioner of Social Security pursuant to an
authorization provided under this clause.
(cc) A request by the Commissioner pursuant to an authorization
provided under this clause is deemed to meet the requirements of
section 1104(a)(3) of the Right to Financial Privacy Act [12 U.S.C.
3404(a)(3)] and the flush language of section 1102 of such Act [12
U.S.C. 3402].
(IV) The Commissioner shall inform any person who provides
authorization pursuant to this clause of the duration and scope of
the authorization.
(V) If an applicant for, or recipient of, benefits under this
subchapter (or any such other person referred to in subclause (I))
refuses to provide, or revokes, any authorization made by the
applicant or recipient for the Commissioner of Social Security to
obtain from any financial institution any financial record, the
Commissioner may, on that basis, determine that the applicant or
recipient is ineligible for benefits under this subchapter.
(C) For purposes of making determinations under section 1382(e)
of this title, the requirements prescribed by the Commissioner of
Social Security pursuant to subparagraph (A) of this paragraph
shall require each administrator of a nursing home, extended care
facility, or intermediate care facility, within 2 weeks after the
admission of any eligible individual or eligible spouse receiving
benefits under this subchapter, to transmit to the Commissioner a
report of the admission.
(2) In case of the failure by any individual to submit a report
of events and changes in circumstances relevant to eligibility for
or amount of benefits under this subchapter as required by the
Commissioner of Social Security under paragraph (1), or delay by
any individual in submitting a report as so required, the
Commissioner of Social Security (in addition to taking any other
action the Commissioner may consider appropriate under paragraph
(1)) shall reduce any benefits which may subsequently become
payable to such individual under this subchapter by -
(A) $25 in the case of the first such failure or delay,
(B) $50 in the case of the second such failure or delay, and
(C) $100 in the case of the third or a subsequent such failure
or delay,
except where the individual was without fault or good cause for
such failure or delay existed.
(3) The Commissioner of Social Security shall provide a method of
making payments under this subchapter to an eligible individual who
does not reside in a permanent dwelling or does not have a fixed
home or mailing address.
(4) A translation into English by a third party of a statement
made in a foreign language by an applicant for or recipient of
benefits under this subchapter shall not be regarded as reliable
for any purpose under this subchapter unless the third party, under
penalty of perjury -
(A) certifies that the translation is accurate; and
(B) discloses the nature and scope of the relationship between
the third party and the applicant or recipient, as the case may
be.
(5) In any case in which it is determined to the satisfaction of
the Commissioner of Social Security that an individual failed as of
any date to apply for benefits under this subchapter by reason of
misinformation provided to such individual by any officer or
employee of the Social Security Administration relating to such
individual's eligibility for benefits under this subchapter, such
individual shall be deemed to have applied for such benefits on the
later of -
(A) the date on which such misinformation was provided to such
individual, or
(B) the date on which such individual met all requirements for
entitlement to such benefits (other than application therefor).
(6) In any case in which an individual visits a field office of
the Social Security Administration and represents during the visit
to an officer or employee of the Social Security Administration in
the office that the individual's visit is occasioned by -
(A) the receipt of a notice from the Social Security
Administration indicating a time limit for response by the
individual, or
(B) the theft, loss, or nonreceipt of a benefit payment under
this subchapter,
the Commissioner of Social Security shall ensure that the
individual is granted a face-to-face interview at the office with
an officer or employee of the Social Security Administration before
the close of business on the day of the visit.
(7)(A)(i) The Commissioner of Social Security shall immediately
redetermine the eligibility of an individual for benefits under
this subchapter if there is reason to believe that fraud or similar
fault was involved in the application of the individual for such
benefits, unless a United States attorney, or equivalent State
prosecutor, with jurisdiction over potential or actual related
criminal cases, certifies, in writing, that there is a substantial
risk that such action by the Commissioner of Social Security with
regard to recipients in a particular investigation would jeopardize
the criminal prosecution of a person involved in a suspected fraud.
(ii) When redetermining the eligibility, or making an initial
determination of eligibility, of an individual for benefits under
this subchapter, the Commissioner of Social Security shall
disregard any evidence if there is reason to believe that fraud or
similar fault was involved in the providing of such evidence.
(B) For purposes of subparagraph (A), similar fault is involved
with respect to a determination if -
(i) an incorrect or incomplete statement that is material to
the determination is knowingly made; or
(ii) information that is material to the determination is
knowingly concealed.
(C) If, after redetermining the eligibility of an individual for
benefits under this subchapter, the Commissioner of Social Security
determines that there is insufficient evidence to support such
eligibility, the Commissioner of Social Security may terminate such
eligibility and may treat benefits paid on the basis of such
insufficient evidence as overpayments.
(8)(A) The Commissioner of Social Security shall request the
Immigration and Naturalization Service or the Centers for Disease
Control to provide the Commissioner of Social Security with
whatever medical information, identification information, and
employment history either such entity has with respect to any alien
who has applied for benefits under this subchapter to the extent
that the information is relevant to any determination relating to
eligibility for such benefits under this subchapter.
(B) Subparagraph (A) shall not be construed to prevent the
Commissioner of Social Security from adjudicating the case before
receiving such information.
(9) Notwithstanding any other provision of law, the Commissioner
shall, at least 4 times annually and upon request of the
Immigration and Naturalization Service (hereafter in this paragraph
referred to as the "Service"), furnish the Service with the name
and address of, and other identifying information on, any
individual who the Commissioner knows is not lawfully present in
the United States, and shall ensure that each agreement entered
into under section 1382e(a) of this title with a State provides
that the State shall furnish such information at such times with
respect to any individual who the State knows is not lawfully
present in the United States.
(f) Furnishing of information by Federal agencies
The head of any Federal agency shall provide such information as
the Commissioner of Social Security needs for purposes of
determining eligibility for or amount of benefits, or verifying
other information with respect thereto.
(g) Reimbursement to States for interim assistance payments
(1) Notwithstanding subsection (d)(1) of this section and
subsection (b) of this section as it relates to the payment of less
than the correct amount of benefits, the Commissioner of Social
Security may, upon written authorization by an individual, withhold
benefits due with respect to that individual and may pay to a State
(or a political subdivision thereof if agreed to by the
Commissioner of Social Security and the State) from the benefits
withheld an amount sufficient to reimburse the State (or political
subdivision) for interim assistance furnished on behalf of the
individual by the State (or political subdivision).
(2) For purposes of this subsection, the term "benefits" with
respect to any individual means supplemental security income
benefits under this subchapter, and any State supplementary
payments under section 1382e of this title or under section 212 of
Public Law 93-66 which the Commissioner of Social Security makes on
behalf of a State (or political subdivision thereof), that the
Commissioner of Social Security has determined to be due with
respect to the individual at the time the Commissioner of Social
Security makes the first payment of benefits with respect to the
period described in clause (A) or (B) of paragraph (3). A cash
advance made pursuant to subsection (a)(4)(A) of this section shall
not be considered as the first payment of benefits for purposes of
the preceding sentence.
(3) For purposes of this subsection, the term "interim
assistance" with respect to any individual means assistance
financed from State or local funds and furnished for meeting basic
needs (A) during the period, beginning with the month following the
month in which the individual filed an application for benefits (as
defined in paragraph (2)), for which he was eligible for such
benefits, or (B) during the period beginning with the first month
for which the individual's benefits (as defined in paragraph (2))
have been terminated or suspended if the individual was
subsequently found to have been eligible for such benefits.
(4) In order for a State to receive reimbursement under the
provisions of paragraph (1), the State shall have in effect an
agreement with the Commissioner of Social Security which shall
provide -
(A) that if the Commissioner of Social Security makes payment
to the State (or a political subdivision of the State as provided
for under the agreement) in reimbursement for interim assistance
(as defined in paragraph (3)) for any individual in an amount
greater than the reimbursable amount authorized by paragraph (1),
the State (or political subdivision) shall pay to the individual
the balance of such payment in excess of the reimbursable amount
as expeditiously as possible, but in any event within ten working
days or a shorter period specified in the agreement; and
(B) that the State will comply with such other rules as the
Commissioner of Social Security finds necessary to achieve
efficient and effective administration of this subsection and to
carry out the purposes of the program established by this
subchapter, including protection of hearing rights for any
individual aggrieved by action taken by the State (or political
subdivision) pursuant to this subsection.
(5) The provisions of subsection (c) of this section shall not be
applicable to any disagreement concerning payment by the
Commissioner of Social Security to a State pursuant to the
preceding provisions of this subsection nor the amount retained by
the State (or political subdivision).
(h) Payment of certain travel expenses
The Commissioner of Social Security shall pay travel expenses,
either on an actual cost or commuted basis, to individuals for
travel incident to medical examinations requested by the
Commissioner of Social Security in connection with disability
determinations under this subchapter, and to parties, their
representatives, and all reasonably necessary witnesses for travel
within the United States (as defined in section 1382c(e) of this
title) to attend reconsideration interviews and proceedings before
administrative law judges with respect to any determination under
this subchapter. The amount available under the preceding sentence
for payment for air travel by any person shall not exceed the coach
fare for air travel between the points involved unless the use of
first-class accommodations is required (as determined under
regulations of the Commissioner of Social Security) because of such
person's health condition or the unavailability of alternative
accommodations; and the amount available for payment for other
travel by any person shall not exceed the cost of travel (between
the points involved) by the most economical and expeditious means
of transportation appropriate to such person's health condition, as
specified in such regulations. The amount available for payment
under this subsection for travel by a representative to attend an
administrative proceeding before an administrative law judge or
other adjudicator shall not exceed the maximum amount allowable
under this subsection for such travel originating within the
geographic area of the office having jurisdiction over such
proceeding.
(i) Unnegotiated checks; notice to Commissioner; payment to States;
notice to States; investigation of payees
(1) The Secretary of the Treasury shall, on a monthly basis,
notify the Commissioner of Social Security of all benefit checks
issued under this subchapter which include amounts representing
State supplementary payments as described in paragraph (2) and
which have not been presented for payment within one hundred and
eighty days after the day on which they were issued.
(2) The Commissioner of Social Security shall from time to time
determine the amount representing the total of the State
supplementary payments made pursuant to agreements under section
1382e(a) of this title and under section 212(b) of Public Law 93-66
which is included in all such benefit checks not presented for
payment within one hundred and eighty days after the day on which
they were issued, and shall pay each State (or credit each State
with) an amount equal to that State's share of all such amount.
Amounts not paid to the States shall be returned to the
appropriation from which they were originally paid.
(3) The Commissioner of Social Security, upon notice from the
Secretary of the Treasury under paragraph (1), shall notify any
State having an agreement described in paragraph (2) of all such
benefit checks issued under that State's agreement which were not
presented for payment within one hundred and eighty days after the
day on which they were issued.
(4) The Commissioner of Social Security shall, to the maximum
extent feasible, investigate the whereabouts and eligibility of the
individuals whose benefit checks were not presented for payment
within one hundred and eighty days after the day on which they were
issued.
(j) Application and review requirements for certain individuals
(1) Notwithstanding any provision of section 1382 or 1382h of
this title, any individual who -
(A) was an eligible individual (or eligible spouse) under
section 1382 of this title or was eligible for benefits under or
pursuant to section 1382h of this title, and
(B) who, after such eligibility, is ineligible for benefits
under or pursuant to both such sections for a period of 12
consecutive months (or 24 consecutive months, in the case of such
an individual whose ineligibility for benefits under or pursuant
to both such sections is a result of being called to active duty
pursuant to section 12301(d) or 12302 of title 10 or section
502(f) of title 32),
may not thereafter become eligible for benefits under or pursuant
to either such section until the individual has reapplied for
benefits under section 1382 of this title and been determined to be
eligible for benefits under such section, or has filed a request
for reinstatement of eligibility under subsection (p)(2) of this
section and been determined to be eligible for reinstatement.
(2)(A) Notwithstanding any provision of section 1382 of this
title or section 1382h of this title (other than subsection (c)
thereof), any individual who was eligible for benefits pursuant to
section 1382h(b) of this title, and who -
(i)(I) on the basis of the same impairment on which his or her
eligibility under such section 1382h(b) of this title was based
becomes eligible (other than pursuant to a request for
reinstatement under subsection (p) of this section) for benefits
under section 1382 or 1382h(a) of this title for a month that
follows a period during which the individual was ineligible for
benefits under sections 1382 and 1382h(a) of this title, and
(II) has earned income (other than income excluded pursuant to
section 1382a(b) of this title) for any month in the 12-month
period preceding such month that is equal to or in excess of the
amount that would cause him or her to be ineligible for payments
under section 1382(b) of this title for that month (if he or she
were otherwise eligible for such payments); or
(ii)(I) on the basis of the same impairment on which his or her
eligibility under such section 1382h(b) of this title was based
becomes eligible under section 1382h(b) of this title for a month
that follows a period during which the individual was ineligible
under section 1382 of this title and section 1382h of this title,
and
(II) has earned income (other than income excluded pursuant to
section 1382a(b) of this title) for such month or for any month
in the 12-month period preceding such month that is equal to or
in excess of the amount that would cause him or her to be
ineligible for payments under section 1382(b) of this title for
that month (if he or she were otherwise eligible for such
payments);
shall, upon becoming eligible (as described in clause (i)(I) or
(ii)(I)), be subject to a prompt review of the type described in
section 1382c(a)(4) of this title.
(B) If the Commissioner of Social Security determines pursuant to
a review required by subparagraph (A) that the impairment upon
which the eligibility of an individual is based has ceased, does
not exist, or is not disabling, such individual may not thereafter
become eligible for a benefit under or pursuant to section 1382 of
this title or section 1382h of this title until the individual has
reapplied for benefits under section 1382 of this title and been
determined to be eligible for benefits under such section.
(k) Notifications to applicants and recipients
The Commissioner of Social Security shall notify an individual
receiving benefits under section 1382 of this title on the basis of
disability or blindness of his or her potential eligibility for
benefits under or pursuant to section 1382h of this title -
(1) at the time of the initial award of benefits to the
individual under section 1382 of this title (if the individual
has attained the age of 18 at the time of such initial award),
and
(2) at the earliest time after an initial award of benefits to
an individual under section 1382 of this title that the
individual's earned income for a month (other than income
excluded pursuant to section 1382a(b) of this title) is $200 or
more, and periodically thereafter so long as such individual has
earned income (other than income so excluded) of $200 or more per
month.
(l) Special notice to blind individuals with respect to hearings
and other official actions
(1) In any case where an individual who is applying for or
receiving benefits under this subchapter on the basis of blindness
is entitled (under subsection (c) of this section or otherwise) to
receive notice from the Commissioner of Social Security of any
decision or determination made or other action taken or proposed to
be taken with respect to his or her rights under this subchapter,
such individual shall at his or her election be entitled either (A)
to receive a supplementary notice of such decision, determination,
or action, by telephone, within 5 working days after the initial
notice is mailed, (B) to receive the initial notice in the form of
a certified letter, or (C) to receive notification by some
alternative procedure established by the Commissioner of Social
Security and agreed to by the individual.
(2) The election under paragraph (1) may be made at any time; but
an opportunity to make such an election shall in any event be given
(A) to every individual who is an applicant for benefits under this
subchapter on the basis of blindness, at the time of his or her
application, and (B) to every individual who is a recipient of such
benefits on the basis of blindness, at the time of each
redetermination of his or her eligibility. Such an election, once
made by an individual, shall apply with respect to all notices of
decisions, determinations, and actions which such individual may
thereafter be entitled to receive under this subchapter until such
time as it is revoked or changed.
(m) Pre-release procedures for institutionalized persons
The Commissioner of Social Security shall develop a system under
which an individual can apply for supplemental security income
benefits under this subchapter prior to the discharge or release of
the individual from a public institution.
(n) Concurrent SSI and food stamp applications by institutionalized
individuals
The Commissioner of Social Security and the Secretary of
Agriculture shall develop a procedure under which an individual who
applies for supplemental security income benefits under this
subchapter shall also be permitted to apply at the same time for
participation in the food stamp program authorized under the Food
Stamp Act of 1977 (7 U.S.C. 2011 et seq.).
(o) Notice requirements
The Commissioner of Social Security shall take such actions as
are necessary to ensure that any notice to one or more individuals
issued pursuant to this subchapter by the Commissioner of Social
Security or by a State agency -
(1) is written in simple and clear language, and
(2) includes the address and telephone number of the local
office of the Social Security Administration which serves the
recipient.
In the case of any such notice which is not generated by a local
servicing office, the requirements of paragraph (2) shall be
treated as satisfied if such notice includes the address of the
local office of the Social Security Administration which services
the recipient of the notice and a telephone number through which
such office can be reached.
(p) Reinstatement of eligibility on the basis of blindness or
disability
(1)(A) Eligibility for benefits under this subchapter shall be
reinstated in any case where the Commissioner determines that an
individual described in subparagraph (B) has filed a request for
reinstatement meeting the requirements of paragraph (2)(A) during
the period prescribed in subparagraph (C). Reinstatement of
eligibility shall be in accordance with the terms of this
subsection.
(B) An individual is described in this subparagraph if -
(i) prior to the month in which the individual files a request
for reinstatement -
(I) the individual was eligible for benefits under this
subchapter on the basis of blindness or disability pursuant to
an application filed therefor; and
(II) the individual thereafter was ineligible for such
benefits due to earned income (or earned and unearned income)
for a period of 12 or more consecutive months;
(ii) the individual is blind or disabled and the physical or
mental impairment that is the basis for the finding of blindness
or disability is the same as (or related to) the physical or
mental impairment that was the basis for the finding of blindness
or disability that gave rise to the eligibility described in
clause (i);
(iii) the individual's blindness or disability renders the
individual unable to perform substantial gainful activity; and
(iv) the individual satisfies the nonmedical requirements for
eligibility for benefits under this subchapter.
(C)(i) Except as provided in clause (ii), the period prescribed
in this subparagraph with respect to an individual is 60
consecutive months beginning with the month following the most
recent month for which the individual was eligible for a benefit
under this subchapter (including section 1382h of this title) prior
to the period of ineligibility described in subparagraph
(B)(i)(II).
(ii) In the case of an individual who fails to file a
reinstatement request within the period prescribed in clause (i),
the Commissioner may extend the period if the Commissioner
determines that the individual had good cause for the failure to so
file.
(2)(A)(i) A request for reinstatement shall be filed in such
form, and containing such information, as the Commissioner may
prescribe.
(ii) A request for reinstatement shall include express
declarations by the individual that the individual meets the
requirements specified in clauses (ii) through (iv) of paragraph
(1)(B).
(B) A request for reinstatement filed in accordance with
subparagraph (A) may constitute an application for benefits in the
case of any individual who the Commissioner determines is not
eligible for reinstated benefits under this subsection.
(3) In determining whether an individual meets the requirements
of paragraph (1)(B)(ii), the provisions of section 1382c(a)(4) of
this title shall apply.
(4)(A) Eligibility for benefits reinstated under this subsection
shall commence with the benefit payable for the month following the
month in which a request for reinstatement is filed.
(B)(i) Subject to clause (ii), the amount of the benefit payable
for any month pursuant to the reinstatement of eligibility under
this subsection shall be determined in accordance with the
provisions of this subchapter.
(ii) The benefit under this subchapter payable for any month
pursuant to a request for reinstatement filed in accordance with
paragraph (2) shall be reduced by the amount of any provisional
benefit paid to such individual for such month under paragraph (7).
(C) Except as otherwise provided in this subsection, eligibility
for benefits under this subchapter reinstated pursuant to a request
filed under paragraph (2) shall be subject to the same terms and
conditions as eligibility established pursuant to an application
filed therefor.
(5) Whenever an individual's eligibility for benefits under this
subchapter is reinstated under this subsection, eligibility for
such benefits shall be reinstated with respect to the individual's
spouse if such spouse was previously an eligible spouse of the
individual under this subchapter and the Commissioner determines
that such spouse satisfies all the requirements for eligibility for
such benefits except requirements related to the filing of an
application. The provisions of paragraph (4) shall apply to the
reinstated eligibility of the spouse to the same extent that they
apply to the reinstated eligibility of such individual.
(6) An individual to whom benefits are payable under this
subchapter pursuant to a reinstatement of eligibility under this
subsection for twenty-four months (whether or not consecutive)
shall, with respect to benefits so payable after such twenty-fourth
month, be deemed for purposes of paragraph (1)(B)(i)(I) to be
eligible for such benefits on the basis of an application filed
therefor.
(7)(A) An individual described in paragraph (1)(B) who files a
request for reinstatement in accordance with the provisions of
paragraph (2)(A) shall be eligible for provisional benefits payable
in accordance with this paragraph, unless the Commissioner
determines that the individual does not meet the requirements of
paragraph (1)(B)(i) or that the individual's declaration under
paragraph (2)(A)(ii) is false. Any such determination by the
Commissioner shall be final and not subject to review under
paragraph (1) or (3) of subsection (c) of this section.
(B)(i) Except as otherwise provided in clause (ii), the amount of
a provisional benefit for a month shall equal the amount of the
monthly benefit that would be payable to an eligible individual
under this subchapter with the same kind and amount of income.
(ii) If the individual has a spouse who was previously an
eligible spouse of the individual under this subchapter and the
Commissioner determines that such spouse satisfies all the
requirements of section 1382c(b) of this title except requirements
related to the filing of an application, the amount of a
provisional benefit for a month shall equal the amount of the
monthly benefit that would be payable to an eligible individual and
eligible spouse under this subchapter with the same kind and amount
of income.
(C)(i) Provisional benefits shall begin with the month following
the month in which a request for reinstatement is filed in
accordance with paragraph (2)(A).
(ii) Provisional benefits shall end with the earliest of -
(I) the month in which the Commissioner makes a determination
regarding the individual's eligibility for reinstated benefits;
(II) the fifth month following the month for which provisional
benefits are first payable under clause (i); or
(III) the month in which the Commissioner determines that the
individual does not meet the requirements of paragraph (1)(B)(i)
or that the individual's declaration made in accordance with
paragraph (2)(A)(ii) is false.
(D) In any case in which the Commissioner determines that an
individual is not eligible for reinstated benefits, any provisional
benefits paid to the individual under this paragraph shall not be
subject to recovery as an overpayment unless the Commissioner
determines that the individual knew or should have known that the
individual did not meet the requirements of paragraph (1)(B).
(8) For purposes of this subsection other than paragraph (7), the
term "benefits under this subchapter" includes State supplementary
payments made pursuant to an agreement under section 1382e(a) of
this title or section 212(b) of Public Law 93-66.
SOURCE
(Aug. 14, 1935, ch. 531, title XVI, Sec. 1631, as added Pub. L. 92-
603, title III, Sec. 301, Oct. 30, 1972, 86 Stat. 1475; amended
Pub. L. 93-233, Sec. 18(g), Dec. 31, 1973, 87 Stat. 969; Pub. L. 93-
368, Sec. 5, Aug. 7, 1974, 88 Stat. 420; Pub. L. 94-202, Secs. 1,
2, Jan. 2, 1976, 89 Stat. 1135; Pub. L. 94-365, Sec. 1, July 14,
1976, 90 Stat. 990; Pub. L. 94-569, Sec. 4(a), Oct. 20, 1976, 90
Stat. 2700; Pub. L. 96-222, title I, Sec. 101(a)(2)(C), Apr. 1,
1980, 94 Stat. 195; Pub. L. 96-265, title III, Secs. 301(b),
305(b), 310(b), title V, Sec. 501(c), June 9, 1980, 94 Stat. 450,
457, 459, 470; Pub. L. 96-473, Sec. 6(h), Oct. 19, 1980, 94 Stat.
2266; Pub. L. 97-35, title XXIII, Sec. 2343(a), Aug. 13, 1981, 95
Stat. 866; Pub. L. 97-248, title I, Sec. 187(a), Sept. 3, 1982, 96
Stat. 407; Pub. L. 98-369, div. B, title VI, Secs. 2612(a), 2613,
2651(j), 2663(g)(11), (12), July 18, 1984, 98 Stat. 1131, 1150,
1169; Pub. L. 98-460, Secs. 7(b), 16(b), Oct. 9, 1984, 98 Stat.
1803, 1809; Pub. L. 99-272, title XII, Sec. 12113(b), Apr. 7, 1986,
100 Stat. 288; Pub. L. 99-514, Sec. 2, title XVIII, Sec.
1883(d)(1), Oct. 22, 1986, 100 Stat. 2095, 2918; Pub. L. 99-570,
title XI, Secs. 11005(a), 11006, Oct. 27, 1986, 100 Stat. 3207-169;
Pub. L. 99-643, Secs. 4(c)(1), (d)(3)(B), 5, 8(a), Nov. 10, 1986,
100 Stat. 3576-3579; Pub. L. 100-203, title IX, Secs. 9109(a),
9110(a), (b), 9111(a)(1), 9112(a), 9123, Dec. 22, 1987, 101 Stat.
1330-302 to 1330-304, 1330-313; Pub. L. 100-647, title VIII, Sec.
8001(b), Nov. 10, 1988, 102 Stat. 3779; Pub. L. 101-239, title X,
Secs. 10302(b)(1), 10303(b), 10305(e), 10307(a)(2), (b)(2), Dec.
19, 1989, 103 Stat. 2482, 2483, 2485; Pub. L. 101-508, title V,
Secs. 5031(c), 5038(a), 5039(b), 5040, 5105(a)(1)(B), (2)(A)(ii),
(3)(A)(ii), (c)(2), (d)(1)(B), 5106(a)(2), (c), 5107(a)(2),
5109(a)(2), 5113(b), Nov. 5, 1990, 104 Stat. 1388-224, 1388-226,
1388-227, 1388-255, 1388-258, 1388-261, 1388-265, 1388-266, 1388-
268, 1388-269, 1388-271, 1388-273; Pub. L. 103-296, title I, Sec.
107(a)(4), title II, Secs. 201(b)(1)(A), (B), (2)(A), (B),
206(a)(2), (d)(2), (f)(1), title III, Sec. 321(f)(2)(B), (3)(A),
(h)(1), Aug. 15, 1994, 108 Stat. 1478, 1499-1501, 1509, 1514, 1515,
1541, 1544; Pub. L. 103-387, Sec. 6(a), Oct. 22, 1994, 108 Stat.
4077; Pub. L. 103-432, title II, Secs. 264(b), (e)-(g), 267(b),
268, Oct. 31, 1994, 108 Stat. 4468-4470; Pub. L. 104-121, title I,
Sec. 105(b)(2), Mar. 29, 1996, 110 Stat. 853; Pub. L. 104-193,
title II, Secs. 204(b), (c)(2), 213(a), 221(a), (b), title IV, Sec.
404(c), Aug. 22, 1996, 110 Stat. 2188, 2194, 2196, 2197, 2267; Pub.
L. 105-33, title V, Secs. 5522(b), 5564, Aug. 5, 1997, 111 Stat.
622, 639; Pub. L. 105-306, Sec. 8(b)(2), Oct. 28, 1998, 112 Stat.
2929; Pub. L. 106-169, title II, Secs. 201(b), 202(a), 203(a), 213,
251(b)(9), Dec. 14, 1999, 113 Stat. 1831, 1832, 1843, 1856; Pub. L.
106-170, title I, Secs. 101(b)(2)(C), 112(b), Dec. 17, 1999, 113
Stat. 1874, 1884; Pub. L. 108-203, title I, Secs. 101(c)(1), (3),
102(a)(2), (b)(3), 103(c), 104(b), 105(c), 106(c), title II, Sec.
210(b)(4), title III, Sec. 302(a), (b), Mar. 2, 2004, 118 Stat.
496, 497, 500, 502, 503, 505, 506, 517, 519, 521; Pub. L. 109-163,
div. A, title VI, Sec. 689, Jan. 6, 2006, 119 Stat. 3337; Pub. L.
109-171, title VII, Sec. 7502(a), Feb. 8, 2006, 120 Stat. 154.)
REFERENCES IN TEXT
The Internal Revenue Code of 1986, referred to in subsecs.
(a)(2)(B)(xiv) and (e)(1)(B)(i), is classified generally to Title
26, Internal Revenue Code.
Section 212 of Public Law 93-66, referred to in subsecs.
(a)(2)(F)(i)(II), (iii), (10)(D), (b)(1)(B), (e)(1)(B)(i), (g)(2),
(i)(2), and (p)(8), is section 212 of Pub. L. 93-66, title II, July
9, 1973, 87 Stat. 155, as amended, which is set out in a note under
section 1382 of this title.
Section 302 of the Social Security Protection Act of 2003,
referred to in subsec. (d)(2)(C)(ii)(I), probably means section 302
of the Social Security Protection Act of 2004, Pub. L. 108-203,
which amended this section and enacted provisions set out as a note
under this section.
The Right to Financial Privacy Act, referred to in subsec.
(e)(1)(B)(ii)(III)(aa), probably means the Right to Financial
Privacy Act of 1978, title XI of Pub. L. 95-630, Nov. 10, 1978, 92
Stat. 3697, as amended, which is classified generally to chapter 35
(Sec. 3401 et seq.) of Title 12, Banks and Banking. For complete
classification of this Act to the Code, see Short Title note set
out under section 3401 of Title 12 and Tables.
The Food Stamp Act of 1977, referred to in subsec. (n), is Pub.
L. 88-525, Aug. 31, 1964, 78 Stat. 703, as amended, which is
classified generally to chapter 51 (Sec. 2011 et seq.) of Title 7,
Agriculture. For complete classification of this Act to the Code,
see Short Title note set out under section 2011 of Title 7 and
Tables.
PRIOR PROVISIONS
A prior section 1383, act Aug. 14, 1935, ch. 531, title XVI, Sec.
1603, as added July 25, 1962, Pub. L. 87-543, title I, Sec. 141(a),
76 Stat. 200; amended July 30, 1965, Pub. L. 89-97, title I, Sec.
122, title II, Sec. 221(d)(4), title IV, Sec. 401(b), 79 Stat. 353,
359, 414; Jan. 2, 1968, Pub. L. 90-248, title II, Sec. 212(d), 81
Stat. 898; Oct. 20, 1972, Pub. L. 92-512, title III, Sec. 301(b),
(d), (e), 86 Stat. 946, 947, related to determination of amounts
payable to States, prior to the general amendment of title XVI of
the Social Security Act by Pub. L. 92-603, Sec. 301, but is set out
below in view of its continued applicability to Puerto Rico, Guam,
and the Virgin Islands.
AMENDMENTS
2006 - Subsec. (a)(10)(A)(i). Pub. L. 109-171 substituted "3" for
"12".
Subsec. (j)(1)(B). Pub. L. 109-163 inserted "(or 24 consecutive
months, in the case of such an individual whose ineligibility for
benefits under or pursuant to both such sections is a result of
being called to active duty pursuant to section 12301(d) or 12302
of title 10 or section 502(f) of title 32)" after "for a period of
12 consecutive months".
2004 - Subsec. (a)(2)(A)(iv). Pub. L. 108-203, Sec. 101(c)(3),
added cl. (iv).
Subsec. (a)(2)(B)(ii)(IV) to (VI). Pub. L. 108-203, Sec.
103(c)(1), added subcls. (IV) and (V) and redesignated former
subcl. (IV) as (VI).
Subsec. (a)(2)(B)(iii)(II). Pub. L. 108-203, Sec. 103(c)(2),
substituted "clause (ii)(VI)" for "clause (ii)(IV)" and "section
405(j)(2)(B)(i)(VI)" for "section 405(j)(2)(B)(i)(IV)".
Subsec. (a)(2)(B)(iii)(IV), (V). Pub. L. 108-203, Sec. 103(c)(3),
added subcls. (IV) and (V).
Subsec. (a)(2)(B)(vii)(I). Pub. L. 108-203, Sec. 102(a)(2)(A),
substituted "a certified community-based nonprofit social service
agency (as defined in subparagraph (I))" for "a community-based
nonprofit social service agency licensed or bonded by the State".
Subsec. (a)(2)(B)(xiv). Pub. L. 108-203, Sec. 103(c)(4), added
cl. (xiv).
Subsec. (a)(2)(C)(v). Pub. L. 108-203, Sec. 106(c), added cl.
(v).
Subsec. (a)(2)(D)(i). Pub. L. 108-203, Sec. 104(b), in
introductory provisions, substituted "Except as provided in the
next sentence, a" for "A" and, in concluding provisions,
substituted "A qualified organization may not collect a fee from an
individual for any month with respect to which the Commissioner of
Social Security or a court of competent jurisdiction has determined
that the organization misused all or part of the individual's
benefit, and any amount so collected by the qualified organization
for such month shall be treated as a misused part of the
individual's benefit for purposes of subparagraphs (E) and (F). The
Commissioner" for "The Commissioner".
Subsec. (a)(2)(D)(ii). Pub. L. 108-203, Sec. 102(a)(2)(B),
substituted "or any certified community-based nonprofit social
service agency (as defined in subparagraph (I)), if the agency, in
accordance" for "or any community-based nonprofit social service
agency, which -
"(I) is bonded or licensed in each State in which the agency
serves as a representative payee; and
"(II) in accordance",
redesignated items (aa) and (bb) as subclauses (I) and (II),
respectively, realigned margins, and substituted "subclause (II)"
for "subclause (II)(bb)" in concluding provisions.
Subsec. (a)(2)(E). Pub. L. 108-203, Sec. 101(c)(1), inserted
second and third sentences.
Subsec. (a)(2)(F)(i)(II). Pub. L. 108-203, Sec. 302(b)(1),
inserted "and payment of attorney fees under subsection (d)(2)(B)
of this section" after "subsection (g) of this section" in
introductory provisions.
Subsec. (a)(2)(G). Pub. L. 108-203, Sec. 102(b)(3), amended
subpar. (G) generally, substituting provisions relating to periodic
onsite reviews and annual report on the results of such reviews for
provisions directing the Commissioner of Social Security to include
as part of the annual report required under former section 904 of
this title certain information with respect to the implementation
of the preceding provisions of this par.
Subsec. (a)(2)(G)(i)(II). Pub. L. 108-203, Sec. 105(c)(1),
substituted "section 405(j)(10)" for "section 405(j)(9)".
Subsec. (a)(2)(H). Pub. L. 108-203, Sec. 105(c)(2), added subpar.
(H) and struck out former subpar. (H) which read as follows: "The
Commissioner of Social Security shall make an initial report to
each House of the Congress on the implementation of subparagraphs
(B) and (C) within 270 days after October 9, 1984. The Commissioner
of Social Security shall include in the annual report required
under section 904 of this title, information with respect to the
implementation of subparagraphs (B) and (C), including the same
factors as are required to be included in the Commissioner's report
under section 405(j)(4)(B) of this title."
Subsec. (a)(2)(I). Pub. L. 108-203, Sec. 102(a)(2)(C), added
subpar. (I).
Subsec. (a)(10)(A). Pub. L. 108-203, Sec. 302(b)(2), inserted
"and payment of attorney fees under subsection (d)(2)(B) of this
section" after "subsection (g) of this section" in introductory
provisions and after "State" in concluding provisions.
Subsec. (b)(1)(B). Pub. L. 108-203, Sec. 210(b)(4)(A),
substituted "excluding payments under subchapter II of this chapter
when recovery is made from subchapter II payments pursuant to
section 1320b-17 of this title and excluding" for "excluding any
other" and struck out "50 percent of" before "the lump sum
payment,".
Subsec. (b)(6). Pub. L. 108-203, Sec. 210(b)(4)(B), added par.
(6) and struck out former par. (6) which read as follows: "For
provisions relating to the recovery of benefits incorrectly paid
under this subchapter from benefits payable under subchapter II of
this chapter, see section 1320b-17 of this title."
Subsec. (d)(2)(A). Pub. L. 108-203, Sec. 302(a)(1), in
introductory provisions, substituted "section 406" for "section
406(a)", "(other than subsections (a)(4) and (d) thereof)" for
"(other than paragraph (4) thereof)", and "such section" for
"paragraph (2) thereof".
Subsec. (d)(2)(A)(i). Pub. L. 108-203, Sec. 302(a)(2),
substituted "in subparagraphs (A)(ii)(I) and (D)(i) of subsection
(a)(2)" for "in subparagraphs (A)(ii)(I) and (C)(i)," and struck
out "and" at end.
Subsec. (d)(2)(A)(ii) to (v). Pub. L. 108-203, Sec. 302(a)(3),
added cls. (ii) to (v) and struck out former cl. (ii) which read as
follows: "by substituting 'section 1383(a)(7)(A) of this title or
the requirements of due process of law' for 'subsection (g) or (h)
of section 423 of this title'."
Subsec. (d)(2)(B) to (D). Pub. L. 108-203, Sec. 302(a)(4), added
subpars. (B) and (C) and redesignated former subpar. (B) as (D).
1999 - Subsec. (a)(2)(A)(iii). Pub. L. 106-169, Sec.
251(b)(9)(A), inserted "or 1007" after "405(j)(1)".
Subsec. (a)(2)(B)(ii)(I). Pub. L. 106-169, Sec. 251(b)(9)(B),
inserted ", subchapter VIII of this chapter," before "or this
subchapter".
Subsec. (a)(2)(B)(ii)(III). Pub. L. 106-169, Sec. 251(b)(9)(C),
inserted ", 1011," before "or 1383a".
Subsec. (a)(2)(B)(ii)(IV). Pub. L. 106-169, Sec. 251(b)(9)(D),
inserted "whether the designation of such person as a
representative payee has been revoked pursuant to section 1007(a)
of this title," before "and whether certification" and ",
subchapter VIII of this chapter," before "or this subchapter".
Subsec. (a)(2)(B)(iii)(II). Pub. L. 106-169, Sec. 251(b)(9)(E),
inserted "the designation of such person as a representative payee
has been revoked pursuant to section 1007(a) of this title," before
"or certification".
Subsec. (a)(2)(D)(ii)(II)(aa). Pub. L. 106-169, Sec.
251(b)(9)(F), inserted "or 1007" after "405(j)(4)".
Subsec. (a)(6)(A). Pub. L. 106-170, Sec. 101(b)(2)(C),
substituted "a program consisting of the Ticket to Work and Self-
Sufficiency Program under section 1320b-19 of this title or
another program of vocational rehabilitation services, employment
services, or other support services" for "a program of vocational
rehabilitation services".
Subsec. (b)(1)(B)(ii). Pub. L. 106-169, Sec. 202(a), inserted
"monthly" before "benefit payments" and "and in the case of an
individual or eligible spouse to whom a lump sum is payable under
this subchapter (including under section 1382e(a) of this title or
under an agreement entered into under section 212(a) of Public Law
93-66) shall, as at least one means of recovering such overpayment,
make the adjustment or recovery from the lump sum payment in an
amount equal to not less than the lesser of the amount of the
overpayment or 50 percent of the lump sum payment," before "unless
fraud".
Subsec. (b)(2). Pub. L. 106-169, Sec. 201(b), inserted at end "If
any payment of more than the correct amount is made to a
representative payee on behalf of an individual after the
individual's death, the representative payee shall be liable for
the repayment of the overpayment, and the Commissioner of Social
Security shall establish an overpayment control record under the
social security account number of the representative payee."
Subsec. (b)(4) to (6). Pub. L. 106-169, Sec. 203(a), added par.
(4) and redesignated former pars. (4) and (5) as (5) and (6),
respectively.
Subsec. (e)(1)(B). Pub. L. 106-169, Sec. 213, designated existing
provisions as cl. (i) and added cl. (ii).
Subsec. (j)(1). Pub. L. 106-170, Sec. 112(b)(2)(A), inserted
before period at end ", or has filed a request for reinstatement of
eligibility under subsection (p)(2) of this section and been
determined to be eligible for reinstatement".
Subsec. (j)(2)(A)(i)(I). Pub. L. 106-170, Sec. 112(b)(2)(B),
inserted "(other than pursuant to a request for reinstatement under
subsection (p) of this section)" after "eligible".
Subsec. (p). Pub. L. 106-170, Sec. 112(b)(1), added subsec. (p).
1998 - Subsec. (b)(5). Pub. L. 105-306 added par. (5).
1997 - Subsec. (a)(2)(F)(ii)(III)(bb). Pub. L. 105-33, Sec.
5522(b)(1), substituted "in any case in which the individual
knowingly misapplies benefits from such an account, the
Commissioner shall reduce future benefits payable to such
individual (or to such individual and his spouse) by an amount
equal to the total amount of such benefits so misapplied" for "the
total amount of such benefits so used shall be considered to be the
uncompensated value of a disposed resource and shall be subject to
the provisions of section 1382b(c) of this title".
Subsec. (a)(2)(F)(iii). Pub. L. 105-33, Sec. 5522(b)(2), added
cl. (iii) and struck out former cl. (iii) which read as follows:
"The representative payee may deposit into the account established
pursuant to clause (i) -
"(I) past-due benefits payable to the eligible individual in an
amount less than that specified in clause (i)(II), and
"(II) any other funds representing an underpayment under this
subchapter to such individual, provided that the amount of such
underpayment is equal to or exceeds the maximum monthly benefit
payable under this subchapter to an eligible individual."
Subsec. (e)(9). Pub. L. 105-33, Sec. 5564, substituted "not
lawfully present in the United States" for "unlawfully in the
United States" in two places.
1996 - Subsec. (a)(1). Pub. L. 104-193, Sec. 221(b), inserted
"(subject to paragraph (10))" before "in such installments".
Subsec. (a)(2)(A)(ii)(II). Pub. L. 104-121, Sec. 105(b)(2)(A),
amended subcl. (II) generally. Prior to amendment, subcl. (II) read
as follows: "In the case of an individual eligible for benefits
under this subchapter by reason of disability, if alcoholism or
drug addiction is a contributing factor material to the
Commissioner's determination that the individual is disabled, the
payment of such benefits to a representative payee shall be deemed
to serve the interest of the individual under this subchapter. In
any case in which such payment is so deemed under this subclause to
serve the interest of an individual, the Commissioner of Social
Security shall include, in the individual's notification of such
eligibility, a notice that alcoholism or drug addiction is a
contributing factor material to the Commissioner's determination
that the individual is disabled and that the Commissioner of Social
Security is therefore required to pay the individual's benefits to
a representative payee."
Subsec. (a)(2)(B)(vii). Pub. L. 104-121, Sec. 105(b)(2)(B),
substituted "described in subparagraph (A)(ii)(II)" for "eligible
for benefits under this subchapter by reason of disability, if
alcoholism or drug addiction is a contributing factor material to
the Commissioner's determination that the individual is disabled".
Subsec. (a)(2)(B)(ix)(II). Pub. L. 104-121, Sec. 105(b)(2)(C),
substituted "described in subparagraph (A)(ii)(II)." for "(if
alcoholism or drug addiction is a contributing factor material to
the Commissioner's determination that the individual is disabled)
is eligible for benefits under this subchapter by reason of
disability."
Subsec. (a)(2)(D)(i)(II). Pub. L. 104-121, Sec. 105(b)(2)(D),
substituted "described in subparagraph (A)(ii)(II)" for "eligible
for benefits under this subchapter by reason of disability and
alcoholism or drug addiction is a contributing factor material to
the Commissioner's determination that the individual is disabled".
Subsec. (a)(2)(F) to (H). Pub. L. 104-193, Sec. 213(a), added
subpar. (F) and redesignated former subpars. (F) and (G) as (G) and
(H), respectively.
Subsec. (a)(4)(A). Pub. L. 104-193, Sec. 204(b), inserted "for
the month following the date the application is filed" after "is
presumptively eligible for such benefits" and ", which shall be
repaid through proportionate reductions in such benefits over a
period of not more than 6 months" before semicolon.
Subsec. (a)(10). Pub. L. 104-193, Sec. 221(a), added par. (10).
Subsec. (e)(6) to (8). Pub. L. 104-193, Sec. 404(c)(1),
redesignated pars. (6), relating to suspicion of fraud or similar
fault, and (7) as (7) and (8), respectively.
Subsec. (e)(9). Pub. L. 104-193, Sec. 404(c)(2), added par. (9).
Subsec. (g)(3). Pub. L. 104-193, Sec. 204(c)(2), inserted
"following the month" after "beginning with the month".
1994 - Subsec. (a)(2). Pub. L. 103-432, Sec. 264(e), inserted
par. (2) designation.
Subsec. (a)(2)(A)(ii). Pub. L. 103-296, Sec. 201(b)(1)(A)(i),
designated existing provisions as subcl. (I), struck out "or in the
case of any individual or eligible spouse referred to in section
1382(e)(3)(A) of this title," after "served thereby,", and added
subcl. (II).
Pub. L. 103-296, Sec. 107(a)(4), in cl. (ii) as amended by Pub.
L. 103-296, Sec. 201(b)(1)(A)(i), substituted "Commissioner of
Social Security" for "Secretary" wherever appearing and
"Commissioner's" for "Secretary's" in two places in subcl. (II).
Subsec. (a)(2)(A)(iii). Pub. L. 103-296, Sec. 201(b)(1)(A)(ii),
substituted "to an alternative representative payee of the
individual or eligible spouse or, if the interest of the individual
under this subchapter would be served thereby, to the individual or
eligible spouse" for "to the individual or eligible spouse or to an
alternative representative payee of the individual or eligible
spouse".
Pub. L. 103-296, Sec. 107(a)(4), substituted "Commissioner of
Social Security" for "Secretary" in two places.
Subsec. (a)(2)(B)(i)(I), (ii), (iv) to (vi). Pub. L. 103-296,
Sec. 107(a)(4), substituted "Commissioner of Social Security" for
"Secretary" wherever appearing.
Subsec. (a)(2)(B)(vii). Pub. L. 103-296, Sec. 201(b)(2)(A)(ii),
added cl. (vii). Former cl. (vii) redesignated (viii).
Pub. L. 103-296, Sec. 107(a)(4), in cl. (vii) as added by Pub. L.
103-296, Sec. 201(b)(2)(A)(ii), substituted "Commissioner of Social
Security" for "Secretary" in two places and "Commissioner's" for
"Secretary's".
Subsec. (a)(2)(B)(viii). Pub. L. 103-296, Sec. 201(b)(2)(A)(i),
(iii), redesignated cl. (vii) as (viii) and substituted "clause
(ix)" for "clause (viii)". Former cl. (viii) redesignated (ix).
Pub. L. 103-296, Sec. 201(b)(1)(B), in subcl. (II) substituted
"of 15 years, or (if alcoholism or drug addiction is a contributing
factor material to the Secretary's determination that the
individual is disabled) is eligible for benefits under this
subchapter by reason of disability." for "15 years, or a drug
addict or alcoholic referred to in section 1382(e)(3)(A) of this
title."
Pub. L. 103-296, Sec. 107(a)(4), in cl. (viii) as redesignated by
Pub. L. 103-296, Sec. 201(b)(2)(A)(i), substituted "Commissioner of
Social Security" for "Secretary" in two places.
Subsec. (a)(2)(B)(ix). Pub. L. 103-296, Sec. 201(b)(2)(A)(i),
(iv), redesignated cl. (viii) as (ix) and in subcl. (I) substituted
"clause (viii)" for "clause (vii)". Former cl. (ix) redesignated
(x).
Pub. L. 103-296, Sec. 107(a)(4), in cl. (ix) as redesignated and
amended by Pub. L. 103-296, Sec. 201(b)(1)(B), (2)(A)(i),
substituted "Commissioner's" for "Secretary's" in two places in
subcl. (II).
Subsec. (a)(2)(B)(x) to (xii). Pub. L. 103-296, Sec.
201(b)(2)(A)(i), redesignated cls. (ix) to (xi) as (x) to (xii),
respectively. Former cl. (xii) redesignated (xiii).
Pub. L. 103-296, Sec. 107(a)(4), in cls. (x) to (xii) as
redesignated by Pub. L. 103-296, Sec. 201(b)(2)(A)(i), substituted
"Commissioner of Social Security" for "Secretary" and
"Commissioner's" for "Secretary's" wherever appearing.
Subsec. (a)(2)(B)(xiii). Pub. L. 103-296, Sec. 201(b)(2)(A)(i),
(v), redesignated cl. (xii) as (xiii) and substituted "clause
(xii)" for "clause (xi)" and "clause (xi)" for "clause (x)".
Subsec. (a)(2)(C). Pub. L. 103-296, Sec. 107(a)(4), in subpar.
(C) as amended by Pub. L. 103-432, Sec. 264(f), substituted
"Commissioner of Social Security" for "Secretary" wherever
appearing.
Subsec. (a)(2)(C)(i). Pub. L. 103-432, Sec. 264(f)(1),
substituted "to a representative payee" for "to representative
payee".
Subsec. (a)(2)(C)(ii). Pub. L. 103-432, Sec. 264(f)(2), (3),
redesignated cl. (iii) as (ii) and struck out former cl. (ii) which
read as follows: "Clause (i) shall not apply in any case where the
representative payee is a parent or spouse of the individual
entitled to such payment who lives in the same household as such
individual. The Secretary shall require such parent or spouse to
verify on a periodic basis that such parent or spouse continues to
live in the same household as such individual."
Subsec. (a)(2)(C)(iii). Pub. L. 103-432, Sec. 264(f)(3),
redesignated cl. (iv) as (iii). Former cl. (iii) redesignated (ii).
Subsec. (a)(2)(C)(iv). Pub. L. 103-432, Sec. 264(f)(4),
substituted "Notwithstanding clauses (i), (ii), and (iii)" for
"Notwithstanding clauses (i), (ii), (iii), and (iv)".
Pub. L. 103-432, Sec. 264(f)(3), redesignated cl. (v) as (iv).
Former cl. (iv) redesignated (iii).
Subsec. (a)(2)(C)(v). Pub. L. 103-432, Sec. 264(f)(3),
redesignated cl. (v) as (iv).
Subsec. (a)(2)(D)(i). Pub. L. 103-296, Sec.
201(b)(2)(B)(i)(I)(bb), inserted in closing provisions "The
Secretary shall adjust annually (after 1995) each dollar amount set
forth in subclause (II) of this clause under procedures providing
for adjustments in the same manner and to the same extent as
adjustments are provided for under the procedures used to adjust
benefit amounts under section 415(i)(2)(A) of this title, except
that any amount so adjusted that is not a multiple of $1.00 shall
be rounded to the nearest multiple of $1.00."
Pub. L. 103-296, Sec. 107(a)(4), in cl. (i) as amended by Pub. L.
103-296, Sec. 201(b)(2)(B)(i)(I)(bb), substituted "Commissioner of
Social Security" for "Secretary" in closing provisions.
Subsec. (a)(2)(D)(i)(II). Pub. L. 103-296, Sec.
201(b)(2)(B)(i)(I)(aa), added subcl. (II) and struck out former
subcl. (II) which read as follows: "$25.00 per month."
Pub. L. 103-296, Sec. 104(a)(7), in subcl. (II) as added by Pub.
L. 103-296, Sec. 201(b)(2)(B)(i)(I)(aa), substituted
"Commissioner's" for "Secretary's".
Subsec. (a)(2)(D)(ii). Pub. L. 103-296, Sec. 201(b)(2)(B)(ii), in
introductory provisions inserted "State or local government agency
whose mission is to carry out income maintenance, social service,
or health care-related activities, any State or local government
agency with fiduciary responsibilities, or any" after "means any"
and a comma after "service agency", at end of subcl. (I) inserted
"and", and in subcl. (II) inserted "and" at end of item (aa),
substituted a period for "; and" at end of item (bb), and struck
out item (cc) which read as follows: "was in existence on October
1, 1988."
Pub. L. 103-296, Sec. 107(a)(4), substituted "Commissioner of
Social Security" for "Secretary" wherever appearing.
Subsec. (a)(2)(D)(iv). Pub. L. 103-296, Sec.
201(b)(2)(B)(iii)(II), redesignated cl. (v) as (iv).
Pub. L. 103-296, Sec. 201(b)(2)(B)(iii)(I), struck out cl. (iv)
which read as follows: "This subparagraph shall cease to be
effective on July 1, 1994."
Subsec. (a)(2)(D)(v). Pub. L. 103-296, Sec.
201(b)(2)(B)(iii)(II), redesignated cl. (v) as (iv).
Pub. L. 103-296, Sec. 201(b)(2)(B)(i)(II), added cl. (v).
Subsec. (a)(2)(E). Pub. L. 103-296, Sec. 321(f)(2)(B)(ii), added
subpar. (E). Former subpar. (E) redesignated (F).
Pub. L. 103-296, Sec. 107(a)(4), in subpar. (E) as added by Pub.
L. 103-296, Sec. 321(f)(2)(B)(ii), substituted "Commissioner of
Social Security" for "Secretary" wherever appearing.
Subsec. (a)(2)(F), (G). Pub. L. 103-296, Sec. 321(f)(2)(B)(i),
redesignated subpars. (E) and (F) as (F) and (G), respectively.
Pub. L. 103-296, Sec. 107(a)(4), in subpars. (F) and (G) as
redesignated by Pub. L. 103-296, Sec. 321(f)(2)(B)(i), substituted
"Commissioner of Social Security" for "Secretary" wherever
appearing and "Commissioner's" for "Secretary's" in subpar. (G).
Subsec. (a)(3), (4), (6) to (8). Pub. L. 103-296, Sec. 107(a)(4),
substituted "Commissioner of Social Security" for "Secretary"
wherever appearing, "the Commissioner's" for "his" in par. (8)(A),
and "Commissioner's" for "Secretary's" in par. (8)(B).
Subsec. (b). Pub. L. 103-296, Sec. 107(a)(4), substituted
"Commissioner of Social Security" for "Secretary" wherever
appearing and "the Commissioner finds" for "he finds" in par.
(1)(B).
Subsec. (b)(3) to (5). Pub. L. 103-432, Sec. 267(b), redesignated
pars. (4) and (5) as (3) and (4), respectively, and struck out
former par. (3) which read as follows: "In any case in which
advance payments for a taxable year made by all employers to an
individual under section 3507 of the Internal Revenue Code of 1986
(relating to advance payment of earned income credit) exceed the
amount of such individual's earned income credit allowable under
section 32 of such Code for such year, so that such individual is
liable under section 32(g) of such Code for a tax equal to such
excess, the Secretary shall provide for an appropriate adjustment
of such individual's benefit amount under this subchapter so as to
provide payment to such individual of an amount equal to the amount
of such benefits lost by such individual on account of such excess
advance payments."
Subsec. (c)(1)(A). Pub. L. 103-296, Sec. 107(a)(4), substituted
"Commissioner of Social Security" for "Secretary" wherever
appearing, "Commissioner's determination" for "Secretary's
determination", "the Commissioner's findings" for "his findings",
"the Commissioner's own motion" for "his own motion", "the
Commissioner may deem" for "he may deem", and "the Commissioner may
administer" for "he may administer".
Subsec. (c)(1)(B). Pub. L. 103-432, Sec. 264(g), substituted
"subparagraph (A)" for "paragraph (1)" in cls. (i) and (ii).
Subsec. (c)(1)(B)(ii). Pub. L. 103-296, Sec. 107(a)(4),
substituted "Commissioner of Social Security" for "Secretary".
Subsec. (c)(3). Pub. L. 103-296, Sec. 107(a)(4), substituted
"Commissioner of Social Security" for "Secretary" and
"Commissioner's" for "Secretary's".
Subsec. (d)(2)(A)(i). Pub. L. 103-296, Sec. 321(f)(3)(A), amended
cl. (i) generally. Prior to amendment, cl. (i) read as follows: "by
substituting 'section 1320a-6(a) or 1383(g) of this title' for
'section 1320a-6(a) of this title'; and".
Subsec. (d)(2)(B). Pub. L. 103-296, Sec. 107(a)(4), substituted
"Commissioner of Social Security" for "Secretary" in two places.
Subsec. (e)(1). Pub. L. 103-296, Sec. 107(a)(4), substituted
"Commissioner of Social Security" for "Secretary" wherever
appearing.
Subsec. (e)(1)(C). Pub. L. 103-387 added subpar. (C).
Subsec. (e)(2), (3). Pub. L. 103-296, Sec. 107(a)(4), substituted
"Commissioner of Social Security" for "Secretary" wherever
appearing and "the Commissioner may" for "he may" in par. (2).
Subsec. (e)(4). Pub. L. 103-296, Sec. 206(a)(2), added par. (4).
Subsec. (e)(5). Pub. L. 103-296, Sec. 107(a)(4), substituted
"Commissioner of Social Security" for "Secretary" in introductory
provisions.
Subsec. (e)(6). Pub. L. 103-432, Sec. 268, redesignated subpars.
(1) and (2) of par. (6), relating to face-to-face interviews in
field offices, as subpars. (A) and (B), respectively.
Pub. L. 103-296, Sec. 206(d)(2), added par. (6) relating to
suspicion of fraud or similar fault.
Pub. L. 103-296, Sec. 107(a)(4), in par. (6), relating to
suspicion of fraud or similar fault, as added by Pub. L. 103-296,
Sec. 206(d)(2), substituted "Commissioner of Social Security" for
"Secretary" wherever appearing.
Pub. L. 103-296, Sec. 107(a)(4), substituted "Commissioner of
Social Security" for "Secretary" in closing provisions of par. (6)
relating to face-to-face interviews in field offices.
Subsec. (e)(7). Pub. L. 103-296, Sec. 206(f)(1), added par. (7).
Pub. L. 103-296, Sec. 107(a)(4), in par. (7) as added by Pub. L.
103-296, Sec. 206(f)(1), substituted "Commissioner of Social
Security" for "Secretary" wherever appearing.
Subsecs. (f) to (m). Pub. L. 103-296, Sec. 107(a)(4), substituted
"Commissioner of Social Security" for "Secretary" wherever
appearing, except where appearing before "of the Treasury" in
subsec. (i)(1) and (3).
Subsec. (n). Pub. L. 103-432, Sec. 264(b), which directed
substitution of "section" for "subsection", could not be executed
because of amendment by Pub. L. 103-296, Sec. 321(h)(1)(A), which
substituted "subchapter" for "subsection". See below.
Pub. L. 103-296, Sec. 321(h)(1)(B), redesignated subsec. (n)
relating to notice requirements as (o).
Pub. L. 103-296, Sec. 321(h)(1)(A), substituted "subchapter" for
"subsection" in subsec. (n) relating to concurrent SSI and food
stamp applications by institutionalized individuals.
Pub. L. 103-296, Sec. 107(a)(4), substituted "The Commissioner of
Social Security and" for "The Secretary and" in subsec. (n)
relating to concurrent SSI and food stamp applications by
institutionalized individuals.
Subsec. (o). Pub. L. 103-296, Sec. 321(h)(1)(B), redesignated
subsec. (n) relating to notice requirements as (o).
Pub. L. 103-296, Sec. 107(a)(4), in subsec. (o) as redesignated
by Pub. L. 103-296, Sec. 321(h)(1)(B), substituted "Commissioner of
Social Security" for "Secretary" in two places in introductory
provisions.
1990 - Subsec. (a)(2)(A). Pub. L. 101-508, Sec. 5105(a)(1)(B)(i),
amended subpar. (A) generally. Prior to amendment, subpar. (A) read
as follows: "Payments of the benefit of any individual may be made
to any such individual or to his eligible spouse (if any) or partly
to each, or, if the Secretary deems it appropriate to any other
person (including an appropriate public or private agency) who is
interested in or concerned with the welfare of such individual (or
spouse). Notwithstanding the provisions of the preceding sentence,
in the case of any individual or eligible spouse referred to in
section 1382(e)(3)(A) of this title, the Secretary shall provide
for making payments of the benefit to any other person (including
an appropriate public or private agency) who is interested in or
concerned with the welfare of such individual (or spouse)."
Subsec. (a)(2)(B). Pub. L. 101-508, Sec. 5105(a)(2)(A)(ii),
amended subpar. (B) generally. Prior to amendment, subpar. (B) read
as follows: "Any determination made under subparagraph (A) that
payment should be made to a person other than the individual or
spouse entitled to such payment must be made on the basis of an
investigation, carried out either prior to such determination or
within forty-five days after such determination, and on the basis
of adequate evidence that such determination is in the interest of
the individual or spouse entitled to such payment (as determined by
the Secretary in regulations). The Secretary shall ensure that such
determinations are adequately reviewed."
Subsec. (a)(2)(C)(i). Pub. L. 101-508, Sec. 5105(a)(1)(B)(ii)(I),
substituted "representative payee of an individual or spouse" for
"a person other than the individual or spouse entitled to such
payment".
Subsec. (a)(2)(C)(ii) to (iv). Pub. L. 101-508, Sec.
5105(a)(1)(B)(ii)(II), substituted "representative payee" for
"other person to whom such payment is made".
Subsec. (a)(2)(C)(v). Pub. L. 101-508, Sec.
5105(a)(1)(B)(ii)(III), substituted "representative payee" for
"person receiving payments on behalf of another" and for "person
receiving such payments".
Subsec. (a)(2)(D). Pub. L. 101-508, Sec.
5105(a)(3)(A)(ii)(III)[(II)], added subpar. (D). Former subpar. (D)
redesignated (E).
Subsec. (a)(2)(E). Pub. L. 101-508, Sec. 5105(c)(2), added
subpar. (E). Former subpar. (E) redesignated (F).
Pub. L. 101-508, Sec. 5105(a)(3)(A)(ii)(I), redesignated subpar.
(D) as (E).
Subsec. (a)(2)(F). Pub. L. 101-508, Sec. 5105(d)(1)(B), which
directed amendment of subsec. (a)(2)(E), as redesignated by section
5105(c)(2) of Pub. L. 101-508, by redesignating it as subpar. (E)
and amending it generally, was executed to subpar. (E), as added by
section 5105(c)(2) of Pub. L. 101-508, as the probable intent of
Congress. Prior to amendment, subpar. (E) read as follows: "In
cases where the negligent failure of the Secretary to investigate
or monitor a representative payee results in misuse of benefits by
the representative payee, the Secretary shall make payment to the
beneficiary or the beneficiary's representative payee of an amount
equal to such misused benefits. The Secretary shall make a good
faith effort to obtain restitution from the terminated
representative payee."
Pub. L. 101-508, Sec. 5105(c)(2), redesignated subpar. (E) as
(F).
Subsec. (a)(4)(B). Pub. L. 101-508, Sec. 5038(a), substituted "6
months" for "3 months".
Subsec. (a)(6)(A). Pub. L. 101-508, Sec. 5113(b)(1), added
subpar. (A) and struck out former subpar. (A) which read as
follows: "such individual is participating in an approved
vocational rehabilitation program under a State plan approved under
title I of the Rehabilitation Act of 1973, and".
Subsec. (a)(6)(B). Pub. L. 101-508, Sec. 5113(b)(2), substituted
"Secretary" for "Commissioner of Social Security".
Subsec. (a)(9). Pub. L. 101-508, Sec. 5031(c), added par. (9).
Subsec. (c)(1). Pub. L. 101-508, Sec. 5107(a)(2), designated
existing provision as subpar. (A) and added subpar. (B).
Subsec. (d)(2)(A). Pub. L. 101-508, Sec. 5106(a)(2), amended
subpar. (A) generally, substituting cls. (i) and (ii) for former
single par. which authorized Secretary to prescribe regulations
relating to representation of claimants before the Secretary,
representation by attorneys, suspension of representatives, and
maximum fees for representation, provided penalties for deceiving
claimants and exceeding maximum fees, and required Secretary to
maintain in the electronic information retrieval system of the
Social Security Administration the identity of representatives of
claimants.
Subsec. (h). Pub. L. 101-508, Sec. 5106(c), inserted at end "The
amount available for payment under this subsection for travel by a
representative to attend an administrative proceeding before an
administrative law judge or other adjudicator shall not exceed the
maximum amount allowable under this subsection for such travel
originating within the geographic area of the office having
jurisdiction over such proceeding."
Subsec. (j)(2)(A). Pub. L. 101-508, Sec. 5039(b), inserted
"(other than subsection (c) thereof)" after first reference to
"section 1382h of this title".
Subsec. (m). Pub. L. 101-508, Sec. 5040(1), struck out at end
"The Secretary and the Secretary of Agriculture shall develop a
procedure under which an individual who applies for supplemental
security income benefits under this subchapter shall also be
permitted to apply for participation in the food stamp program by
executing a single application."
Subsec. (n). Pub. L. 101-508, Sec. 5109(a)(2), added subsec. (n)
relating to notice requirements.
Pub. L. 101-508, Sec. 5040(2), added subsec. (n) relating to
concurrent SSI and food stamp applications by institutionalized
individuals.
1989 - Subsec. (c)(1). Pub. L. 101-239, Sec. 10305(e), inserted
at end "The Secretary shall specifically take into account any
physical, mental, educational, or linguistic limitation of such
individual (including any lack of facility with the English
language) in determining, with respect to the eligibility of such
individual for benefits under this subchapter, whether such
individual acted in good faith or was at fault, and in determining
fraud, deception, or intent."
Subsec. (d)(2). Pub. L. 101-239, Sec. 10307(b)(2), designated
existing provisions as subpar. (A) and added subpar. (B).
Pub. L. 101-239, Sec. 10307(a)(2), inserted at end "The Secretary
shall maintain in the electronic information retrieval system used
by the Social Security Administration a current record, with
respect to any claimant before the Secretary, of the identity of
any person representing such claimant in accordance with this
paragraph."
Subsec. (e)(5). Pub. L. 101-239, Sec. 10302(b)(1), added par.
(5).
Subsec. (e)(6). Pub. L. 101-239, Sec. 10303(b), added par. (6).
1988 - Subsec. (a)(8). Pub. L. 100-647 added par. (8).
1987 - Subsec. (a)(4)(A). Pub. L. 100-203, Sec. 9109(a),
substituted "a cash advance against such benefits, including any
federally-administered State supplementary payments, in an amount
not exceeding the monthly amount that would be payable to an
eligible individual with no other income for the first month of
such presumptive eligibility" for "a cash advance against such
benefits in an amount not exceeding $100".
Subsec. (a)(6). Pub. L. 100-203, Sec. 9112(a), in introductory
provision inserted "blindness (as determined under section
1382c(a)(2) of this title) or" before "disability" and "blindness
or other" before "physical", and in subpar. (B) inserted "blindness
and" before "disability".
Subsec. (g)(2). Pub. L. 100-203, Sec. 9110(a), substituted "at
the time the Secretary makes the first payment of benefits with
respect to the period described in clause (A) or (B) of paragraph
(3)" for "at the time the Secretary makes the first payment of
benefits".
Subsec. (g)(3). Pub. L. 100-203, Sec. 9110(b), inserted cl. (A)
designation after "basic needs" and added cl. (B).
Subsec. (j). Pub. L. 100-203, Sec. 9123, redesignated subsec.
(j), relating to pre-release procedures for institutionalized
persons, as (m).
Subsec. (l). Pub. L. 100-203, Sec. 9111(a)(1), added subsec. (l).
Subsec. (m). Pub. L. 100-203, Sec. 9123, redesignated subsec.
(j), relating to pre-release procedures for institutionalized
persons, as (m) and reenacted heading without change.
1986 - Subsec. (b)(1). Pub. L. 99-643, Sec. 8(a), substituted
"(A) Whenever the Secretary" for "Whenever the Secretary", "by
recovery from such individual or his eligible spouse (or from the
estate of either) or by payment to such individual or his eligible
spouse, or, if such individual is deceased, by payment - " for "by
recovery from or payment to such individual or his eligible spouse
(or by recovery from the estate of either). The Secretary (A) shall
make", added subpar. (A)(i) and (ii), substituted "(B) the
Secretary (i) shall make such provision" for "such provision", "and
(ii) shall in any event" for "and (B) shall in any event", "(I) the
amount" for "(i) the amount", "(II) an amount" for "(ii) an
amount", "clause (ii)" for "clause (B)", and "clause (i)" for
"clause (A)".
Subsec. (b)(2). Pub. L. 99-272 added par. (2). Former par. (2)
redesignated (3).
Subsec. (b)(3). Pub. L. 99-514, Sec. 2, substituted "Internal
Revenue Code of 1986" for "Internal Revenue Code of 1954".
Pub. L. 99-272 redesignated par. (2) as (3). Former par. (3)
redesignated (4).
Subsec. (b)(4), (5). Pub. L. 99-272 redesignated pars. (3) and
(4) as (4) and (5), respectively.
Subsec. (e)(1)(A). Pub. L. 99-643, Sec. 4(c)(1)(A), substituted
"subparagraph (B) and subsection (j) of this section" for
"subparagraph (B)".
Subsec. (e)(1)(B). Pub. L. 99-514, Sec. 2, substituted "Internal
Revenue Code of 1986" for "Internal Revenue Code of 1954".
Subsec. (e)(3). Pub. L. 99-570, Sec. 11005(a), added par. (3).
Subsec. (g). Pub. L. 99-514, Sec. 1883(d)(1), amended heading
generally.
Subsec. (j). Pub. L. 99-570, Sec. 11006, added subsec. (j)
relating to pre-release procedures for institutionalized persons.
Pub. L. 99-643, Sec. 4(c)(1)(B), added subsec. (j) relating to
application and review requirements for certain individuals.
Subsec. (j)(2)(A). Pub. L. 99-643, Sec. 4(d)(3)(B), in subsec.
(j) relating to application and review requirements, substituted
"section 1382c(a)(4) of this title" for "section 1382c(a)(5) of
this title" in closing provisions.
Subsec. (k). Pub. L. 99-643, Sec. 5, added subsec. (k).
1984 - Subsec. (a)(2). Pub. L. 98-460, Sec. 16(b), redesignated
existing provisions as subpar. (A) and added subpars. (B) to (D).
Subsec. (a)(7). Pub. L. 98-460, Sec. 7(b), added par. (7).
Pub. L. 98-369, Sec. 2612(a), inserted "(A)" before "shall make
such provision" in second sentence, and added cl. (B).
Subsec. (b)(1). Pub. L. 98-369, Sec. 2663(g)(11)(A), substituted
"equity and good conscience" for "equity or good conscience".
Subsec. (b)(2). Pub. L. 98-369, Sec. 2663(g)(11)(B), substituted
"section 32" and "section 32(g)" for "section 43" and "section
43(g)", respectively.
Subsec. (b)(3), (4). Pub. L. 98-369, Sec. 2613, added par. (3)
and redesignated former par. (3) as (4).
Subsec. (d)(1). Pub. L. 98-369, Sec. 2663(g)(12), substituted
"and (e)" for "(e), and (f)".
Subsec. (e)(1)(B). Pub. L. 98-369, Sec. 2651(j), inserted
provision that for this purpose and for purposes of federally
administered supplementary payments of the type described in
section 1382e(a) of this title (including payments pursuant to an
agreement entered into under section 212(a) of Public Law 93-66),
the Secretary shall, as may be necessary, request and utilize
information available pursuant to section 6103(l)(7) of the
Internal Revenue Code of 1954, and any information which may be
available from State systems under section 1320b-7 of this title,
and shall comply with the requirements applicable to States (with
respect to information available pursuant to section 6103(l)(7)(B)
of such Code) under subsections (a)(6) and (c) of such section
1320b-7 of this title.
1982 - Subsec. (i)(2). Pub. L. 97-248 substituted "such benefit
checks" for "checks payable to individuals entitled to benefits
under this subchapter but".
1981 - Subsec. (i). Pub. L. 97-35 added subsec. (i).
1980 - Subsec. (a)(6). Pub. L. 96-265, Sec. 301(b), added par.
(6).
Subsec. (b). Pub. L. 96-473 redesignated par. (2) as added by
Pub. L. 96-265, Sec. 501(c), as (3).
Pub. L. 96-265, Sec. 501(c), designated existing provisions as
par. (1) and added par. (2), without reference to identical
amendment made by Pub. L. 96-222. Such par. (2) was subsequently
redesignated par. (3) by Pub. L. 96-473.
Pub. L. 96-222 designated existing provisions as par. (1) and
added par. (2).
Subsec. (c)(1). Pub. L. 96-265, Sec. 305(b), inserted provisions
relating to information that must accompany a decision of
Secretary.
Subsec. (h). Pub. L. 96-265, Sec. 310(b), added subsec. (h).
1976 - Subsec. (a)(4)(B). Pub. L. 94-569 inserted "or blindness"
after "disability" and "or blind" after "disabled" wherever
appearing.
Subsec. (c)(1). Pub. L. 94-202, Sec. 1, increased authority of
Secretary by permitting him to hold hearings on his own motion, to
administer oaths, examine witnesses, and receive evidence at
hearings, and increased time within which a request for a hearing
be made after notice of Secretary's determination is received from
thirty to sixty days.
Subsec. (c)(2). Pub. L. 94-202, Sec. 1, reenacted par. (2)
without change.
Subsec. (c)(3). Pub. L. 94-202, Sec. 1, struck out exception to
judicial review which made factual determinations by the Secretary,
after a hearing as provided by subsec. (c)(1), final and
conclusive.
Subsec. (d)(2), (3). Pub. L. 94-202, Sec. 2, struck out par. (2)
which related to appointment of individuals to serve as hearing
examiners without meeting specific standards prescribed for hearing
examiners, and redesignated par. (3) as par. (2).
Subsec. (g). Pub. L. 94-365 struck out par. (6) which provided
that provisions of this subsection were to expire on June 30, 1976,
at least sixty days prior to which, the Secretary was to submit to
Congress a report assessing effects of actions taken pursuant to
this subsection and including whatever recommendations the
Secretary deemed appropriate.
1974 - Subsec. (g). Pub. L. 93-368 added subsec. (g).
1973 - Subsec. (a)(4)(B). Pub. L. 93-233 inserted "solely because
such individual is determined not to be disabled."
EFFECTIVE DATE OF 2006 AMENDMENT
Pub. L. 109-171, title VII, Sec. 7502(b), Feb. 8, 2006, 120 Stat.
154, provided that: "The amendment made by subsection (a) [amending
this section] shall take effect 3 months after the date of the
enactment of this Act [Feb. 8, 2006]."
EFFECTIVE AND TERMINATION DATES OF 2004 AMENDMENT
Amendment by section 101(c)(1), (3) of Pub. L. 108-203 applicable
to any case of benefit misuse by a representative payee with
respect to which the Commissioner of Social Security makes the
determination of misuse on or after Jan. 1, 1995, see section
101(d) of Pub. L. 108-203, set out as a note under section 405 of
this title.
Amendment by section 102(a)(2) of Pub. L. 108-203 effective on
the first day of the thirteenth month beginning after Mar. 2, 2004,
see section 102(a)(3) of Pub. L. 108-203, set out as a note under
section 405 of this title.
Amendment by section 103(c) of Pub. L. 108-203 effective on the
first day of the thirteenth month beginning after Mar. 2, 2004, see
section 103(d) of Pub. L. 108-203, set out as a note under section
405 of this title.
Amendment by section 104(b) of Pub. L. 108-203 applicable to any
month involving benefit misuse by a representative payee in any
case with respect to which the Commissioner of Social Security or a
court of competent jurisdiction makes the determination of misuse
after 180 days after Mar. 2, 2004, see section 104(c) of Pub. L.
108-203, set out as a note under section 405 of this title.
Amendment by section 105(c) of Pub. L. 108-203 applicable to
benefit misuse by a representative payee in any case with respect
to which the Commissioner of Social Security or a court of
competent jurisdiction makes the determination of misuse after 180
days after Mar. 2, 2004, see section 105(d) of Pub. L. 108-203, set
out as a note under section 405 of this title.
Amendment by section 106(c) of Pub. L. 108-203 effective 180 days
after Mar. 2, 2004, see section 106(d) of Pub. L. 108-203, set out
as a note under section 405 of this title.
Amendment by section 210(b)(4) of Pub. L. 108-203 effective Mar.
2, 2004, and effective with respect to overpayments under
subchapters II, VIII, and XVI of this chapter that are outstanding
on or after such date, see section 210(c) of Pub. L. 108-203, set
out as a note under section 404 of this title.
Pub. L. 108-203, title III, Sec. 302(c), Mar. 2, 2004, 118 Stat.
521, provided that:
"(1) In general. - The amendments made by this section [amending
this section] shall apply with respect to fees for representation
of claimants which are first required to be paid under section
1631(d)(2) of the Social Security Act [subsec. (d)(2) of this
section] on or after the date of the submission by the Commissioner
of Social Security to each House of Congress pursuant to section
303(d) of this Act [set out as a note under section 406 of this
title] of written notice of completion of full implementation of
the requirements for operation of the demonstration project under
section 303 of this Act [set out as a note under section 406 of
this title].
"(2) Sunset. - Such amendments shall not apply with respect to
fees for representation of claimants in the case of any claim for
benefits with respect to which the agreement for representation is
entered into after 5 years after the date described in paragraph
(1)."
EFFECTIVE DATE OF 1999 AMENDMENTS
Amendment by section 101(b)(2)(C) of Pub. L. 106-170 effective
with the first month following one year after Dec. 17, 1999,
subject to section 101(d) of Pub. L. 106-170, see section 101(c) of
Pub. L. 106-170, set out as an Effective Date note under section
1320b-19 of this title.
Amendment by section 112(b) of Pub. L. 106-170 effective on the
first day of the thirteenth month beginning after Dec. 17, 1999,
and no benefit to be payable under this subchapter on the basis of
a request for reinstatement filed under subsec. (p) of this section
before such date, see section 112(c) of Pub. L. 106-170, set out as
a note under section 423 of this title.
Amendment by section 201(b) of Pub. L. 106-169 applicable to
overpayments made 12 months or more after Dec. 14, 1999, see
section 201(c) of Pub. L. 106-169, set out as a note under section
404 of this title.
Pub. L. 106-169, title II, Sec. 202(b), Dec. 14, 1999, 113 Stat.
1832, provided that: "The amendments made by this section [amending
this section] shall take effect 12 months after the date of the
enactment of this Act [Dec. 14, 1999] and shall apply to amounts
incorrectly paid which remain outstanding on or after such date."
Amendment by section 203(a) of Pub. L. 106-169 applicable to debt
outstanding on or after Dec. 14, 1999, see section 203(d) of Pub.
L. 106-169, set out as a note under section 3701 of Title 31, Money
and Finance.
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105-306 effective Oct. 28, 1998, and
applicable to amounts incorrectly paid which remain outstanding on
or after such date, see section 8(c) of Pub. L. 105-306, set out as
a note under section 404 of this title.
EFFECTIVE DATE OF 1997 AMENDMENT
Amendment by section 5522(b) of Pub. L. 105-33 effective as if
included in the enactment of title II of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996,
Pub. L. 104-193, see section 5528(a) of Pub. L. 105-33, set out as
a note under section 903 of this title.
Amendment by section 5564 of Pub. L. 105-33 effective as if
included in the enactment of title IV of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996,
Pub. L. 104-193, see section 5582 of Pub. L. 105-33, set out as a
note under section 1367 of Title 8, Aliens and Nationality.
EFFECTIVE DATE OF 1996 AMENDMENTS
Amendment by section 204(b), (c)(2) of Pub. L. 104-193 applicable
to applications for benefits under this subchapter filed on or
after Aug. 22, 1996, without regard to whether regulations have
been issued to implement amendments by section 204 of Pub. L. 104-
193, see section 204(d) of Pub. L. 104-193, set out as a note
under section 1382 of this title.
Amendment by section 213(a) of Pub. L. 104-193 applicable to
payments made after Aug. 22, 1996, see section 213(d) of Pub. L.
104-193, set out as a note under section 1382a of this title.
Section 221(c) of Pub. L. 104-193 provided that:
"(1) In general. - The amendments made by this section [amending
this section] are effective with respect to past-due benefits
payable under title XVI of the Social Security Act [this
subchapter] after the third month following the month in which this
Act is enacted [August 1996].
"(2) Benefits payable under title xvi. - For purposes of this
subsection, the term 'benefits payable under title XVI of the
Social Security Act' includes supplementary payments pursuant to an
agreement for Federal administration under section 1616(a) of the
Social Security Act [section 1382e(a) of this title], and payments
pursuant to an agreement entered into under section 212(b) of
Public Law 93-66 [set out as a note under section 1382 of this
title]."
Amendment by Pub. L. 104-121 effective July 1, 1996, with respect
to any individual whose claim for benefits is finally adjudicated
on or after Mar. 29, 1996, or whose eligibility for benefits is
based upon eligibility redetermination made pursuant to section
105(b)(5)(C) of Pub. L. 104-121, see section 105(b)(5) of Pub. L.
104-121, as amended, set out as a note under section 1382 of this
title.
EFFECTIVE DATE OF 1994 AMENDMENTS
Amendment by section 264(b) and (e)-(g) of Pub. L. 103-432
effective as if included in the provision of Pub. L. 101-508 to
which the amendment relates at the time such provision became law,
see section 264(h) of Pub. L. 103-432, set out as a note under
section 1320b-9 of this title.
Section 6(b) of Pub. L. 103-387 provided that: "The amendment
made by subsection (a) [amending this section] shall apply to
admissions occurring on or after October 1, 1995."
Amendment by section 107(a)(4) of Pub. L. 103-296 effective Mar.
31, 1995, see section 110(a) of Pub. L. 103-296, set out as a note
under section 401 of this title.
Section 201(b)(1)(C) of Pub. L. 103-296 provided that: "The
amendments made by this paragraph [amending this section] shall
apply with respect to months beginning after 180 days after the
date of the enactment of this Act [Aug. 15, 1994]."
Section 201(b)(2)(B)(iii)(I) of Pub. L. 103-296 provided that the
amendment made by that section is effective July 1, 1994.
Section 201(b)(2)(C) of Pub. L. 103-296 provided that: "Except as
provided in subparagraph (B)(iii)(I) [amending this section and
enacting provisions set out as a note above], the amendments made
by this paragraph [amending this section] shall apply with respect
to months beginning after 90 days after the date of the enactment
of this Act [Aug. 15, 1994]."
Amendment by section 206(a)(2) of Pub. L. 103-296 applicable to
translations made on or after Oct. 1, 1994, see section 206(a)(3)
of Pub. L. 103-296, set out as a note under section 405 of this
title.
Amendment by section 206(d)(2) of Pub. L. 103-296 effective Oct.
1, 1994, and applicable to determinations made before, on, or after
such date, see section 206(d)(3) of Pub. L. 103-296, set out as a
note under section 405 of this title.
Section 206(f)(2) of Pub. L. 103-296 provided that: "The
amendment made by paragraph (1) [amending this section] shall take
effect on October 1, 1994."
Amendment by section 321(f)(2)(B), (3)(A) of Pub. L. 103-296
effective as if included in the provisions of Pub. L. 101-508 to
which such amendment relates, see section 321(f)(5) of Pub. L. 103-
296, set out as a note under section 405 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by section 5031(c) of Pub. L. 101-508 applicable with
respect to benefits for months beginning on or after the first day
of the 6th calendar month following November 1990, see section
5031(d) of Pub. L. 101-508, set out as a note under section 1382a
of this title.
Section 5038(b) of Pub. L. 101-508 provided that: "The amendment
made by subsection (a) [amending this section] shall apply with
respect to benefits for months beginning on or after the first day
of the 6th calendar month following the month in which this Act is
enacted [November 1990]."
Amendment by section 5105(a)(1)(B), (2)(A)(ii) of Pub. L. 101-508
effective July 1, 1991, and applicable only with respect to (i)
certifications of payment of benefits under subchapter II of this
chapter to representative payees made on or after such date; and
(ii) provisions for payment of benefits under this subchapter to
representative payees made on or after such date, and amendment by
section 5105(a)(3)(A)(ii) of Pub. L. 101-508 effective July 1,
1991, see section 5105(a)(5) of Pub. L. 101-508 set out as a note
under section 405 of this title.
Amendment by section 5105(d)(1)(B) of Pub. L. 101-508 applicable
with respect to annual reports issued for years after 1991, see
section 5105(d)(2) of Pub. L. 101-508, set out as a note under
section 405 of this title.
Amendment by section 5106(a)(2), (c) of Pub. L. 101-508
applicable with respect to determinations made on or after July 1,
1991, and to reimbursement for travel expenses incurred on or after
Apr. 1, 1991, see section 5106(d) of Pub. L. 101-508, set out as a
note under section 401 of this title.
Amendment by section 5107(a)(2) of Pub. L. 101-508 applicable
with respect to adverse determinations made on or after July 1,
1991, see section 5107(b) of Pub. L. 101-508, set out as a note
under section 405 of this title.
Amendment by section 5109(a)(2) of Pub. L. 101-508 applicable
with respect to notices issued on or after July 1, 1991, see
section 5109(b) of Pub. L. 101-508, set out as a note under section
405 of this title.
Amendment by section 5113(b) of Pub. L. 101-508 effective with
respect to benefits payable for months after the eleventh month
following November 1990, and applicable only with respect to
individuals whose blindness or disability has or may have ceased
after such eleventh month, see section 5113(c) of Pub. L. 101-508,
set out as a note under section 425 of this title.
EFFECTIVE DATE OF 1989 AMENDMENT
Section 10302(b)(2) of Pub. L. 101-239 provided that: "The
amendment made by paragraph (1) [amending this section] shall apply
with respect to misinformation furnished on or after the date of
the enactment of this Act [Dec. 19, 1989] and to benefits for
months after the month in which this Act is enacted [December
1989]."
Amendment by section 10303(b) of Pub. L. 101-239 applicable to
visits to field offices of Social Security Administration on or
after Jan. 1, 1990, see section 10303(c) of Pub. L. 101-239, set
out as a note under section 405 of this title.
Amendment by section 10305(e) of Pub. L. 101-239 applicable with
respect to determinations made on or after July 1, 1990, see
section 10305(f) of Pub. L. 101-239, set out as a note under
section 403 of this title.
Amendment by section 10307(a)(2) of Pub. L. 101-239 effective
June 1, 1991, see section 10307(a)(3) of Pub. L. 101-239, set out
as a note under section 406 of this title.
Amendment by section 10307(b)(2) of Pub. L. 101-239 applicable
with respect to adverse determinations made on or after Jan. 1,
1991, see section 10307(b)(3) of Pub. L. 101-239, set out as a note
under section 406 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-647 applicable to determinations by
administrative law judges of entitlement to benefits made after 180
days after Nov. 10, 1988, see section 8001(c) of Pub. L. 100-647,
set out as a note under section 423 of this title.
EFFECTIVE DATE OF 1987 AMENDMENT
Section 9109(b) of Pub. L. 100-203 provided that: "The amendment
made by subsection (a) [amending this section] shall become
effective on the date of the enactment of this Act [Dec. 22,
1987]."
Section 9110(c) of Pub. L. 100-203 provided that: "The amendments
made by this section [amending this section] shall become effective
with the 13th month following the month in which this Act is
enacted [December 1987], or, if sooner, with the first month for
which the Secretary of Health and Human Services determines that it
is administratively feasible."
Section 9111(c) of Pub. L. 100-203 provided that: "The amendment
made by subsection (a) [amending this section] shall become
effective July 1, 1988."
Section 9112(b) of Pub. L. 100-203 provided that: "The amendments
made by subsection (a) [amending this section] shall become
effective April 1, 1988."
EFFECTIVE DATE OF 1986 AMENDMENTS
Amendment by sections 4(c)(1), (d)(3)(B) and 5 of Pub. L. 99-643
effective July 1, 1987, except as otherwise provided, see section
10(b) of Pub. L. 99-643, set out as a note under section 1396a of
this title.
Section 8(b) of Pub. L. 99-643 provided that: "The amendments
made by subsection (a) [amending this section] shall apply with
respect to benefits payable for months after May 1986."
Section 11005(c)(1) of Pub. L. 99-570 provided that: "The
amendment made by subsection (a) [amending this section] shall
become effective on the date of the enactment of this Act [Oct. 27,
1986]."
Amendment by Pub. L. 99-272 applicable only in the case of deaths
of which the Secretary is first notified on or after Apr. 7, 1986,
see section 12113(c) of Pub. L. 99-272, set out as a note under
section 404 of this title.
EFFECTIVE DATE OF 1984 AMENDMENTS
Amendment by section 16(b) of Pub. L. 98-460 effective Oct. 9,
1984, see section 16(d) of Pub. L. 98-460, set out as a note under
section 405 of this title.
Amendment by sections 2612(a) and 2613 of Pub. L. 98-369
effective Oct. 1, 1984, except as otherwise specifically provided,
see section 2646 of Pub. L. 98-369, set out as a note under section
657 of this title.
Amendment by section 2651(j) of Pub. L. 98-369 effective July 18,
1984, see section 2651(l)(1) of Pub. L. 98-369, set out as an
Effective Date note under section 1320b-7 of this title.
Amendment by section 2663(g)(11), (12) of Pub. L. 98-369
effective July 18, 1984, but not to be construed as changing or
affecting any right, liability, status, or interpretation which
existed (under the provisions of law involved) before that date,
see section 2664(b) of Pub. L. 98-369, set out as a note under
section 401 of this title.
EFFECTIVE DATE OF 1982 AMENDMENT
Section 187(b) of Pub. L. 97-248 provided that: "The amendment
made by subsection (a) [amending this section] shall become
effective October 1, 1982."
EFFECTIVE DATE OF 1981 AMENDMENT
Section 2343(b) of Pub. L. 97-35 provided that: "The amendment
made by subsection (a) [amending this section] shall become
effective October 1, 1982."
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by section 301(b) of Pub. L. 96-265 effective on first
day of sixth month which begins after June 9, 1980, and applicable
with respect to individuals whose disability has not been
determined to have ceased prior to such first day, see section
301(c) of Pub. L. 96-265, set out as a note under section 425 of
this title.
Amendment by section 305(b) of Pub. L. 96-265 applicable with
respect to decisions made on or after the first day of the 13th
month following June, 1980, see section 305(c) of Pub. L. 96-265,
set out as a note under section 405 of this title.
Amendment by section 501(c) of Pub. L. 96-265 applicable in the
case of payments of monthly insurance benefits under subchapter II
of this chapter, entitlement for which is determined on or after
July 1, 1981, see section 501(d) of Pub. L. 96-265, set out as an
Effective Date note under section 1320a-6 of this title.
EFFECTIVE DATE OF 1976 AMENDMENTS
Section 4(b) of Pub. L. 94-569 provided that: "The amendments
made by this section [amending this section] shall apply with
respect to months after the month following the month in which this
Act is enacted [October 1976]."
Amendment by sections 1 and 2 of Pub. L. 94-202 effective Jan. 2,
1976, with the amendment by section 2 of Pub. L. 94-202, to the
extent that it changes the period within which a hearing must be
requested, applicable to any decision or determination which is
received on or after Jan. 2, 1976, see section 5 of Pub. L. 94-202,
set out as a note under section 405 of this title.
EFFECTIVE DATE OF 1973 AMENDMENT
Amendment by Pub. L. 93-233 effective Jan. 1, 1974, see section
18(z-3)(1) of Pub. L. 93-233.
EFFECTIVE DATE
Section 301 of Pub. L. 92-603 provided that this section is
effective Jan. 1, 1974.
REGULATIONS
Section 222 of title II of Pub. L. 104-193 provided that: "Within
3 months after the date of the enactment of this Act [Aug. 22,
1996], the Commissioner of Social Security shall prescribe such
regulations as may be necessary to implement the amendments made by
this subtitle [subtitle C (Secs. 221, 222) of title II of Pub. L.
104-193, amending this section]."
ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS
For abolition of Immigration and Naturalization Service, transfer
of functions, and treatment of related references, see note set out
under section 1551 of Title 8, Aliens and Nationality.
PAYMENT OF TRAVEL EXPENSES
Pub. L. 102-394, title II, Oct. 6, 1992, 106 Stat. 1807, provided
in part: "That for fiscal year 1993 and thereafter, travel expense
payments under section 1631(h) of such Act [subsec. (h) of this
section] for travel to hearings may be made only when travel of
more than seventy-five miles is required".
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 102-170, title II, Nov. 26, 1991, 105 Stat. 1122.
Pub. L. 101-517, title II, Nov. 5, 1990, 104 Stat. 2204.
Pub. L. 101-166, title II, Nov. 21, 1989, 103 Stat. 1173.
Pub. L. 100-436, title II, Sept. 20, 1988, 102 Stat. 1695.
Pub. L. 100-202, Sec. 101(h) [title II], Dec. 22, 1987, 101 Stat.
1329-256, 1329-270.
Pub. L. 99-500, Sec. 101(i) [H.R. 5233, title II], Oct. 18, 1986,
100 Stat. 1783-287, and Pub. L. 99-591, Sec. 101(i) [H.R. 5233,
title II], Oct. 30, 1986, 100 Stat. 3341-287.
Pub. L. 99-178, title II, Dec. 12, 1985, 99 Stat. 1116.
Pub. L. 98-619, title II, Nov. 8, 1984, 98 Stat. 3318.
Pub. L. 98-139, title II, Oct. 31, 1983, 97 Stat. 884.
Pub. L. 97-377, title I, Sec. 101(e)(1), Dec. 21, 1982, 96 Stat.
1891.
Pub. L. 97-92, Sec. 101(a) [H.R. 4560, title II], Dec. 15, 1981,
95 Stat. 1183.
DEPOSIT OF OVERPAYMENTS IN GENERAL FUND OF TREASURY
Pub. L. 102-170, title II, Nov. 26, 1991, 105 Stat. 1122,
provided: "That for fiscal year 1992 and thereafter, all
collections from repayments of overpayments shall be deposited in
the general fund of the Treasury."
OPPORTUNITY FOR INDIVIDUALS RECEIVING BENEFITS TO MAKE ELECTION FOR
TYPE OF NOTICE OF HEARING OR OTHER OFFICIAL ACTION
Section 9111(a)(2) of Pub. L. 100-203 directed Secretary of
Health and Human Services, not later than one year after July 1,
1988, to provide every individual receiving benefits under this
subchapter on the basis of blindness an opportunity to make an
election under subsec. (l)(1) of this section.
STUDY OF DESIRABILITY AND FEASIBILITY OF SPECIAL NOTICES OF
HEARINGS AND OTHER ACTIONS TO OTHER INDIVIDUALS UNABLE TO READ
Section 9111(b) of Pub. L. 100-203 directed Secretary of Health
and Human Services to study desirability and feasibility of
extending special or supplementary notices of the type provided to
blind individuals by subsec. (l) of this section to other
individuals who may lack the ability to read and comprehend regular
written notices, and report the results of such study to Congress,
along with recommendations, within 12 months after Dec. 22, 1987.
DEMONSTRATION PROGRAM TO ASSIST HOMELESS INDIVIDUALS
Section 9117 of Pub. L. 100-203, as amended by Pub. L. 104-66,
title I, Sec. 1061(e), Dec. 21, 1995, 109 Stat. 720, provided that:
"(a) In General. - The Secretary of Health and Human Services (in
this section referred to as the 'Secretary') is authorized to make
grants to States for projects designed to demonstrate and test the
feasibility of special procedures and services to ensure that
homeless individuals are provided SSI and other benefits under the
Social Security Act [this chapter] to which they are entitled and
receive assistance in using such benefits to obtain permanent
housing, food, and health care. Each project approved under this
section shall meet such conditions and requirements, consistent
with this section, as the Secretary shall prescribe.
"(b) Scope of Projects. - Projects for which grants are made
under this section shall include, more specifically, procedures and
services to overcome barriers which prevent homeless individuals
(particularly the chronically mentally ill) from receiving and
appropriately using benefits, including -
"(1) the creation of cooperative approaches between the Social
Security Administration, State and local governments, shelters
for the homeless, and other providers of services to the
homeless;
"(2) the establishment, where appropriate, of multi-agency SSI
Outreach Teams (as described in subsection (c)), to facilitate
communication between the agencies and staff involved in taking
and processing claims for SSI and other benefits by the homeless
who use shelters;
"(3) special efforts to identify homeless individuals who are
potentially eligible for SSI or other benefits under the Social
Security Act [this chapter];
"(4) the provision of special assistance to the homeless in
applying for benefits, including assistance in obtaining and
developing evidence of disability and supporting documentation
for nondisability-related eligibility requirements;
"(5) the provision of special training and assistance to public
and private agency staff, including shelter employees, on
disability eligibility procedures and evidentiary requirements;
"(6) the provision of ongoing assistance to formerly homeless
individuals to ensure their responding to information requests
related to periodic redeterminations of eligibility for SSI and
other benefits;
"(7) the provision of assistance in ensuring appropriate use of
benefit funds for the purpose of enabling homeless individuals to
obtain permanent housing, nutrition, and physical and mental
health care, including the use, where appropriate, of the
disabled individual's representative payee for case management
services; and
"(8) such other procedures and services as the Secretary may
approve.
"(c) SSI Outreach Team Projects. - (1) If a State applies for
funds under this section for the purpose of establishing a multi-
agency SSI Outreach Team, the membership and functions of such
Team shall be as follows (except as provided in paragraph (2)):
"(A) The membership of the Team shall include a social services
case worker (or case workers, if necessary); a consultative
medical examiner who is qualified to provide consultative
examinations for the Disability Determination Service of the
State; a disability examiner, from the State Disability
Determination Service; and a claims representative from an office
of the Social Security Administration.
"(B) The Team shall have designated members responsible for -
"(i) identification of homeless individuals who are
potentially eligible for SSI or other benefits under the Social
Security Act [this chapter];
"(ii) ensuring that such individuals understand their rights
under the programs;
"(iii) assisting such individuals in applying for benefits,
including assistance in obtaining and developing evidence and
supporting documentation relating to disability- and
nondisability-related eligibility requirements;
"(iv) arranging transportation and accompanying applicants to
necessary examinations, if needed; and
"(v) providing for the tracking and monitoring of all claims
for benefits by individuals under the project.
"(2) If the Secretary determines that an application by a State
for an SSI Outreach Team Project under this section which
proposes a membership and functions for such Team different from
those prescribed in paragraph (1) but which is expected to be as
effective, the Secretary may waive the requirements of such
paragraph.
[(d) Repealed. Pub. L. 104-66, title I, Sec. 1061(e), Dec. 21,
1995, 109 Stat. 720.]
"(e) Authorization of Appropriations. - To carry out this
section, there are authorized to be appropriated to the Secretary -
"(A) the sum of $1,250,000 for the fiscal year 1988;
"(B) the sum of $2,500,000 for the fiscal year 1989; and
"(C) such sums as may be necessary for each fiscal year
thereafter."
NOTIFICATION OF ADJUSTMENT OF BENEFITS BY SECRETARY
Section 2612(b) of Pub. L. 98-369 provided that: "If an
adjustment referred to in section 1631(b)(1) of the Social Security
Act [subsec. (b)(1) of this section] is in effect with respect to
an individual or eligible spouse on the effective date of this
subsection [Oct. 1, 1984], and the amount of such adjustment for a
month is greater than the amount described in section
1631(b)(1)(B)(ii) of such Act [subsec. (b)(1)(B)(ii) of this
section], as added by subsection (a), the Secretary shall notify
the individual whose benefits are being adjusted, in writing, of
his or her right to have the adjustment reduced to the amount
described in such section 1631(b)(1)(B)(ii)."
PAYMENT OF COSTS OF REHABILITATION SERVICES
Amendment to sections 422 and 1382d of this title by section
11(a), (b) of Pub. L. 98-460 applicable with respect to individuals
who receive benefits as a result of section 425(b) or section
1383(a)(6) of this title, or who refuse to continue to accept
rehabilitation services or fail to cooperate in an approved
vocational rehabilitation program, in or after the first month
following October 1984, see section 11(c) of Pub. L. 98-460, set
out as an Effective Date of 1984 Amendment note under section 422
of this title.
HEARING EXAMINERS APPOINTED PRIOR TO JANUARY 2, 1976
Pub. L. 95-216, title III, Sec. 371, Dec. 20, 1977, 91 Stat.
1559, provided that: "The persons who were appointed to serve as
hearing examiners under section 1631(d)(2) of the Social Security
Act [subsec. (d)(2) of this section] (as in effect prior to January
2, 1976), and who by section 3 of Public Law 94-202 [set out as a
note under this section] were deemed to be appointed under section
3105 of title 5, United States Code (with such appointments
terminating no later than at the close of the period ending
December 31, 1978), shall be deemed appointed to career-absolute
positions as hearing examiners under and in accordance with section
3105 of title 5, United States Code, with the same authority and
tenure (without regard to the expiration of such period) as hearing
examiners appointed directly under such section 3105, and shall
receive compensation at the same rate as hearing examiners
appointed by the Secretary of Health, Education, and Welfare [now
Health and Human Services] directly under such section 3105. All of
the provisions of title 5, United States Code and the regulations
promulgated pursuant thereto, which are applicable to hearing
examiners appointed under such section 3105, shall apply to the
persons described in the preceding sentence."
Section 3 of Pub. L. 94-202 provided that: "The persons appointed
under section 1631(d)(2) of the Social Security Act [subsec. (d)(2)
of this section] (as in effect prior to the enactment of this Act)
to serve as hearing examiners in hearings under section 1631(c) of
such Act [subsec. (c) of this section] may conduct hearings under
titles II, XVI, and XVIII of the Social Security Act [subchapters
II, XVI, and XVIII of this chapter] if the Secretary of Health,
Education, and Welfare [now Health and Human Services] finds it
will promote the achievement of the objectives of such titles
[subchapters], notwithstanding the fact that their appointments
were made without meeting the requirements for hearing examiners
appointed under section 3105 of title 5, United States Code but
their appointments shall terminate not later than at the close of
the period ending December 31, 1978, and during that period they
shall be deemed to be hearing examiners appointed under such
section 3105 and subject as such to subchapter II of chapter 5 of
title 5, United States Code, to the second sentence of such section
3105, and to all of the other provisions of such title 5 which
apply to hearing examiners appointed under such section 3105."
PRESUMPTIVE DISABILITY BENEFITS; TIME EXTENSION
Pub. L. 93-256, Sec. 1, Mar. 28, 1974, 88 Stat. 52, provided:
"That any individual who would be considered disabled under section
1614(a)(3)(E) of the Social Security Act [section 1382c(a)(3)(E) of
this title] except that he did not receive aid under the
appropriate State plan for at least one month prior to July 1973
may be considered to be presumptively disabled under section
1631(a)(4)(B) of that Act [subsec. (a)(4)(B) of this section] and
may be paid supplemental security income benefits under title XVI
of that Act [this subchapter] on the basis of such presumptive
disability, and State supplementary payments under section 212 of
Public Law 93-66 [set out as a note under section 1382 of this
title] as though he had been determined to be disabled within the
meaning of section 1614(a)(3) of the Social Security Act [section
1382c(a)(3) of this title], for any month in calendar year 1974 for
which it has been determined that he is otherwise eligible for such
benefits, without regard to the three-month limitation in section
1631(a)(4)(B) of that Act [subsec. (a)(4)(B) of this section] on
the period for which benefits may be paid to presumptively disabled
individuals, except that no such benefits may be paid on the basis
of such presumptive disability for any month after the month in
which the Secretary of Health, Education, and Welfare [now Health
and Human Services] has made a determination as to whether such
individual is disabled, as defined in section 1614(a)(3)(A) of that
Act [section 1382c(a)(3)(A) of this title]."
APPLICATION TO NORTHERN MARIANA ISLANDS
For applicability of this section to the Northern Mariana
Islands, see section 502(a)(1) of the Covenant to Establish a
Commonwealth of the Northern Mariana Islands in Political Union
with the United States of America and Proc. No. 4534, Oct. 24,
1977, 42 F.R. 6593, set out as notes under section 1801 of Title
48, Territories and Insular Possessions.
PUERTO RICO, GUAM, AND VIRGIN ISLANDS
Enactment of section 1603 of the Social Security Act [this
section] by Pub. L. 92-603, eff. Jan. 1, 1974, was not applicable
to Puerto Rico, Guam, and the Virgin Islands. See section 303(b) of
Pub. L. 92-603, set out as a note under section 301 of this title.
Therefore, as to Puerto Rico, Guam, and the Virgin Islands, section
1603 of the Social Security Act [this section] as it existed prior
to reenactment by Pub. L. 92-603, and as amended, continues to
apply and reads as follows:
Sec. 1383. Payments to States; quarterly expenditures to exceed
average of total expenditures for each quarter of fiscal year
ending June 30, 1965
(a) From the sums appropriated therefor, the Commissioner of
Social Security shall pay to each State which has a plan approved
under this subchapter, for each quarter, beginning with the quarter
commencing October 1, 1962 -
(1) Repealed. Pub. L. 97-35, title XXI, Sec. 2184(d)(5)(A),
Aug. 13, 1981, 95 Stat. 818.
(2) in the case of Puerto Rico, the Virgin Islands, and Guam,
an amount equal to -
(A) one-half of the total of the sums expended during such
quarter as aid to the aged, blind, or disabled under the State
plan, not counting so much of any expenditure with respect to
any month as exceeds $37.50 multiplied by the total number of
recipients of aid to the aged, blind, or disabled for such
month; plus
(B) one-half of the amount by which such expenditures exceed
the maximum which may be counted under clause (A), not counting
so much of any expenditure with respect to any month as exceeds
the product of $45 multiplied by the total number of such
recipients of aid to the aged, blind, or disabled for such
month; and
(3) Repealed. Pub. L. 97-35, title XXI, Sec. 2184(d)(5)(A),
Aug. 13, 1981, 95 Stat. 818.
(4) in the case of any State, an amount equal to 50 percent of
the total amounts expended during such quarter as found necessary
by the Commissioner of Social Security for the proper and
efficient administration of the State plan.
(b)(1) Prior to the beginning of each quarter, the Commissioner
of Social Security shall estimate the amount to which a State will
be entitled under subsection (a) of this section for such quarter,
such estimates to be based on (A) a report filed by the State
containing its estimate of the total sum to be expended in such
quarter in accordance with the provisions of such subsection, and
stating the amount appropriated or made available by the State and
its political subdivisions for such expenditures in such quarter,
and if such amount is less than the State's proportionate share of
the total sum of such estimated expenditures, the source or sources
from which the difference is expected to be derived, and (B) such
other investigation as the Commissioner of Social Security may find
necessary.
(2) The Commissioner of Social Security shall then pay, in such
installments as the Commissioner may determine, to the State the
amount so estimated, reduced or increased to the extent of any
overpayment or underpayment which the Commissioner of Social
Security determines was made under this section to such State for
any prior quarter and with respect to which adjustment has not
already been made under this subsection.
(3) The pro rata share to which the United States is equitably
entitled, as determined by the Commissioner of Social Security, of
the net amount recovered during any quarter by the State or any
political subdivision thereof with respect to aid or assistance
furnished under the State plan, but excluding any amount of such
aid or assistance recovered from the estate of a deceased recipient
which is not in excess of the amount expended by the State or any
political subdivision thereof for the funeral expenses of the
deceased, shall be considered an overpayment to be adjusted under
this subsection.
(4) Upon the making of any estimate by the Commissioner of Social
Security under this subsection, any appropriations available for
payments under this section shall be deemed obligated.
(Aug. 14, 1935, ch. 531, title XVI, Sec. 1603, as added Pub. L. 87-
543, title I, Sec. 141(a), July 25, 1962, 76 Stat. 200; amended
Pub. L. 89-97, title I, Sec. 122, title II, Sec. 221(d)(4), title
IV, Sec. 401(b), July 30, 1965, 79 Stat. 353, 359, 414; Pub. L. 90-
248, title II, Sec. 212(d), Jan. 2, 1968, 81 Stat. 898; Pub. L. 92-
512, title III, Sec. 301(b), (d), Oct. 20, 1972, 86 Stat. 946,
947; Pub. L. 93-647, Secs. 3(e)(2), 5(e), Jan. 4, 1975, 88 Stat.
2349, 2350; Pub. L. 97-35, title XXI, Sec. 2184(d)(5), title XXIII,
Sec. 2353(m)(2), (3), Aug. 13, 1981, 95 Stat. 818, 873; Pub. L. 99-
603, title I, Sec. 121(b)(4), Nov. 6, 1986, 100 Stat. 3391; Pub.
L. 103-66, title XIII, Sec. 13741(b), Aug. 10, 1993, 107 Stat. 663;
Pub. L. 103-296, title I, Sec. 107(a)(4), Aug. 15, 1994, 108 Stat.
1478.)
[Amendment by section 107(a)(4) of Pub. L. 103-296 effective Mar.
31, 1995, see section 110(a) of Pub. L. 103-296, set out as an
Effective Date of 1994 Amendment note under section 401 of this
title.]
[Amendment by Pub. L. 103-66 effective with respect to calendar
quarters beginning on or after Apr. 1, 1994, with special rule for
States whose legislature meets biennially, and does not have
regular session scheduled in calendar year 1994, see section
13741(c) of Pub. L. 103-66, set out as an Effective Date of 1993
Amendment note under section 303 of this title.]
[Amendment by Pub. L. 99-603 effective Oct. 1, 1987, see section
121(c)(2) of Pub. L. 99-603, set out as an Effective Date of 1986
Amendment note under section 502 of this title.]
REIMBURSEMENT FOR ERRONEOUS STATE SUPPLEMENTARY PAYMENTS;
AUTHORIZATION OF APPROPRIATIONS
Pub. L. 95-216, title IV, Sec. 405, Dec. 20, 1977, 91 Stat. 1564,
provided that:
"(a) Notwithstanding any other provision of law, the Secretary of
Health, Education, and Welfare [now Health and Human Services] is
authorized and directed to pay to each State an amount equal to the
amount expended by such State for erroneous supplementary payments
to aged, blind, or disabled individuals whenever, and to the extent
to which, the Secretary through an audit by the Department of
Health, Education, and Welfare [now Health and Human Services]
which has been reviewed and concurred in by the Inspector General
of such department determines that -
"(1) such amount was paid by such State as a supplementary
payment during the calendar year 1974 pursuant to an agreement
between the State and the Secretary required by section 212 of
the Act entitled 'An Act to extend the Renegotiation Act of 1951
for one year, and for other purposes', approved July 9, 1973,
[set out as a note under section 1382 of this title], or such
amount was paid by such State as an optional State
supplementation, as defined in section 1616 of the Social
Security Act [section 1382 of this title], during the calendar
year 1974,
"(2) the erroneous payments were the result of good faith
reliance by such State upon erroneous or incomplete information
supplied by the Department of Health, Education, and Welfare [now
Health and Human Services], through the State data exchange, or
good faith reliance upon incorrect supplemental security income
benefit payments made by such department, and
"(3) recovery of the erroneous payments by such State would be
impossible or unreasonable.
"(b) There are authorized to be appropriated such sums as are
necessary to carry out the provisions of this section."
FOOTNOTE
(!1) So in original. Probably should be followed by a comma.
(!2) So in original. Closing parenthesis after "title" probably
should not appear.
(!3) See References in Text note below.
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