A prior section 421, act Aug. 14, 1935, ch. 531, title II, § 221, as added July 18, 1952, ch. 945, § 3(e), 66 Stat. 772; amended by 1953 Reorg. Plan No. 1, § 5, eff.
2015—Subsec. (h). Pub. L. 114–74 amended subsec. (h) generally. Prior to amendment, text read as follows: “An initial determination under subsection (a), (c), (g), or (i) that an individual is not under a disability, in any case where there is evidence which indicates the existence of a mental impairment, shall be made only if the Commissioner of Social Security has made every reasonable effort to ensure that a qualified psychiatrist or psychologist has completed the medical portion of the case review and any applicable residual functional capacity assessment.”
2004—Subsec. (e). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
1999—Subsec. (i)(5). Pub. L. 106–170, § 101(b)(1)(A), added par. (5).
Subsec. (m). Pub. L. 106–170, § 111(a), added subsec. (m).
1994—Pub. L. 103–296 substituted “Commissioner of Social Security” for “Secretary” wherever appearing except where appearing before “of Labor” in subsec. (b)(3)(B) and substituted “the Commissioner deems” for “he deems” and “the Commissioner finds” for “he finds” in subsec. (a)(2), “the Commissioner’s” for “his” wherever appearing in subsecs. (b)(1), (c)(1), and (g), “the Commissioner has complied” for “he has complied” in subsec. (b)(1), “Commissioner’s” for “Secretary’s” in subsec. (d), and “prescribed by the Commissioner” for “prescribed by him” in subsec. (g).
1990—Subsec. (c)(3). Pub. L. 101–508 amended par. (3) generally. Prior to amendment, par. (3) read as follows: “In carrying out the provisions of paragraph (2) with respect to the review of determinations, made by State agencies pursuant to this section, that individuals are under disabilities (as defined in section 416(i) or 423(d) of this title), the Secretary shall review—
“(A) at least 15 percent of all such determinations made by State agencies in the fiscal year 1981,
“(B) at least 35 percent of all such determinations made by State agencies in the fiscal year 1982, and
“(C) at least 65 percent of all such determinations made by State agencies in any fiscal year after the fiscal year 1982.”
1989—Subsec. (l). Pub. L. 101–239 added subsec. (l).
1988—Subsec. (i)(3). Pub. L. 100–647 substituted “semiannually” for “annually”.
1986—Subsec. (e). Pub. L. 99–514 struck out “under this section” before “shall be entitled”.
1984—Subsec. (a)(1)(A). Pub. L. 98–460, § 17(a)(2), (b), temporarily substituted “subsection (b)(1)(C)” for “subsection (b)(1)”. See Effective and Termination Dates of 1984 Amendments note below.
Subsec. (b)(1). Pub. L. 98–460, § 17(a)(1), (b), temporarily amended par. (1) generally. Prior to amendment, par. (1) read as follows: “If the Secretary finds, after notice and opportunity for a hearing, that a State agency is substantially failing to make disability determinations in a manner consistent with his regulations and other written guidelines, the Secretary shall, not earlier than 180 days following his finding, and after he has complied with the requirements of paragraph (3), make the disability determinations referred to in subsection (a)(1).” See Effective and Termination Dates of 1984 Amendments note below.
Subsec. (b)(3). Pub. L. 98–460, § 17(a)(3), (b), temporarily substituted “Except as provided in subparagraph (D)(i) of paragraph (1), the Secretary” for “The Secretary” in subpars. (A) and (B). See Effective and Termination Dates of 1984 Amendments note below.
Subsec. (d). Pub. L. 98–460, § 17(a)(4), (b), temporarily substituted “Except as provided in subsection (b)(1)(D), any individual” for “Any individual”. See Effective and Termination Dates of 1984 Amendments note below.
Subsec. (e). Pub. L. 98–369 substituted “Federal Disability Insurance Trust Fund is charged” for “Federal Disability Trust Fund is charged”.
Subsec. (h). Pub. L. 98–460, § 8(a), added subsec. (h).
Subsec. (i)(4). Pub. L. 98–460, § 6(a), added par. (4).
Subsec. (j). Pub. L. 98–460, § 9(a)(1), added subsec. (j).
Subsec. (k). Pub. L. 98–460, § 10(a), added subsec. (k).
1983—Subsec. (i). Pub. L. 97–455 designated existing provisions as par. (1), inserted “, subject to paragraph (2)” after “at least once every 3 years”, and added pars. (2) and (3).
1980—Subsec. (a). Pub. L. 96–265, § 304(a), completely revised provisions under which determinations are to be made by State agencies.
Subsec. (b). Pub. L. 96–265, § 304(b), substituted provisions covering the making of disability determinations by the Secretary rather than by the State for provisions relating to agreements between the Secretary and the State under which the State would make disability determinations.
Subsec. (c). Pub. L. 96–265, § 304(c), designated existing provisions as par. (1), inserted provision that a review by the Secretary on his own motion of a State agency determination may be made before or after any action is taken to implement that determination, and added pars. (2) and (3).
Subsec. (d). Pub. L. 96–265, § 304(d), substituted “subsection (a), (b), (c), or (g)” for “subsection (a), (c), or (g)”.
Subsec. (e). Pub. L. 96–265, § 304(e), substituted “which is making disability determinations under subsection (a)(1)” for “which has an agreement with the Secretary”, substituted “as determined by the Secretary” for “as may be mutually agreed upon”, and substituted “making disability determinations under subsection (a)(1)” for “carrying out the agreement under this section”.
Subsec. (g). Pub. L. 96–265, § 304(f), substituted “does not undertake to perform disability determinations under subsection (a)(1), or which has been found by the Secretary to have substantially failed to make disability determinations in a manner consistent with his regulations and guidelines” for “has no agreement under subsection (b)” and “for whom no State undertakes to make disability determinations” for “not included in an agreement under subsection (b)”.
Subsec. (i). Pub. L. 96–265, § 311(a), added subsec. (i).
1968—Subsec. (a). Pub. L. 90–248, § 158(c)(3), substituted in first sentence reference to “423(d)” for “423(c)”.
Subsec. (c). Pub. L. 90–248, § 158(c)(4), substituted reference to “423(d)” for “423(c)”.
1956—Subsec. (a). Act
Subsec. (c). Act
Subsec. (e). Act
Subsec. (f). Act
Pub. L. 114–74, title VIII, § 832(b),
Amendment by section 101(b)(1)(A) of Pub. L. 106–170 effective with the first month following one year after
Pub. L. 106–170, title I, § 111(b),
Amendment by Pub. L. 103–296 effective
Pub. L. 101–508, title V, § 5128(b),
Pub. L. 101–239, title X, § 10306(a)(3),
Pub. L. 100–647, title VIII, § 8012(b),
Pub. L. 98–460, § 8(c),
Pub. L. 98–460, § 17(b),
Amendment by Pub. L. 98–369 effective
Pub. L. 97–455, § 3(b),
Pub. L. 96–265, title III, § 304(h),
Pub. L. 96–265, title III, § 311(b),
Amendment by Pub. L. 90–248 applicable with respect to application for disability insurance benefits under section 423 of this title and to disability determinations under section 416(i) of this title, see section 158(e) of Pub. L. 90–248, set out as a note under section 423 of this title.
Pub. L. 114–74, title VIII, § 811, “(a) Not later than “(b) Not later than 90 days after the date of the enactment of this Act [
Pub. L. 114–74, title VIII, § 845(b), “The Commissioner of Social Security shall annually 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 number of work-related continuing disability reviews conducted each year to determine whether earnings derived from services demonstrate an individual’s ability to engage in substantial gainful activity. Such report shall include—“(1) the number of individuals receiving benefits based on disability under title II of such Act [probably means title II of act Aug. 14, 1935, ch. 531, which is classified to 42 U.S.C. 401 et seq.] for whom reports of earnings were received from any source by the Commissioner in the previous calendar year, reported as a total number and separately by the source of the report;“(2) the number of individuals for whom such reports resulted in a determination to conduct a work-related continuing disability review, and the basis on which such determinations were made;“(3) in the case of a beneficiary selected for a work-related continuing disability review on the basis of a report of earnings from any source—“(A) the average number of days—“(i) between the receipt of the report and the initiation of the review;“(ii) between the initiation and the completion of the review; and“(iii) the average amount of overpayment, if any;“(B) the number of such reviews completed during such calendar year, and the number of such reviews that resulted in a suspension or termination of benefits;“(C) the number of such reviews initiated in the current year that had not been completed as of the end of such calendar year;“(D) the number of such reviews initiated in a prior year that had not been completed as of the end of such calendar year;“(4) the total savings to the Trust Funds and the Treasury generated from benefits suspended or terminated as a result of such reviews; and“(5) with respect to individuals for whom a work-related continuing disability review was completed during such calendar year—“(A) the number who participated in the Ticket to Work program under section 1148 [probably means section 1148 of act Aug. 14, 1935, ch. 531, which is classified to 42 U.S.C. 1319b–19] during such calendar year;“(B) the number who used any program work incentives during such calendar year; and“(C) the number who received vocational rehabilitation services during such calendar year with respect to which the Commissioner of Social Security reimbursed a State agency under section 222(d) [probably means section 222(d) of act Aug. 14, 1935, ch. 531, which is classified to 42 U.S.C. 422(d)].”
Pub. L. 101–239, title X, § 10306(a)(2),
Pub. L. 98–460, § 5, “(a) The Secretary of Health and Human Services (hereafter in this section referred to as the ‘Secretary’) shall revise the criteria embodied under the category ‘Mental Disorders’ in the ‘Listing of Impairments’ in effect on the date of the enactment of this Act [“(b)(1) Until such time as revised criteria have been established by regulation in accordance with subsection (a), no continuing eligibility review shall be carried out under section 221(i) of the Social Security Act [42 U.S.C. 421(i)], or under the corresponding requirements established for disability determinations and reviews under title XVI of such Act [42 U.S.C. 1381 et seq.], with respect to any individual previously determined to be under a disability by reason of a mental impairment, if—“(A) no initial decision on such review has been rendered with respect to such individual prior to the date of the enactment of this Act, or“(B) an initial decision on such review was rendered with respect to such individual prior to the date of the enactment of this Act but a timely appeal from such decision was filed or was pending on or after For purposes of this paragraph and subsection (c)(1) the term ‘continuing eligibility review’, when used to refer to a review of a previous determination of disability, includes any reconsideration of or hearing on the initial decision rendered in such review as well as such initial decision itself, and any review by the Appeals Council of the hearing decision.“(2) Paragraph (1) shall not apply in any case where the Secretary determines that fraud was involved in the prior determination, or where an individual (other than an individual eligible to receive benefits under section 1619 of the Social Security Act [42 U.S.C. 1382h]) is determined by the Secretary to be engaged in substantial gainful activity (or gainful activity, in the case of a widow, surviving divorced wife, widower, or surviving divorced husband for purposes of section 202(e) and (f) of such Act [42 U.S.C. 402(e), (f)]).“(c)(1) Any initial determination that an individual is not under a disability by reason of a mental impairment and any determination that an individual is not under a disability by reason of a mental impairment in a reconsideration of or hearing on an initial disability determination, made or held under title II or XVI of the Social Security Act [42 U.S.C. 401 et seq., 1381 et seq.] after the date of the enactment of this Act [“(2) In the case of a redetermination under paragraph (1) of a prior action which found that an individual was not under a disability, if such individual is found on redetermination to be under a disability, such redetermination shall be applied as though it had been made at the time of such prior action.“(3) Any individual with a mental impairment who was found to be not disabled pursuant to an initial disability determination or a continuing eligibility review between
Pub. L. 98–460, § 6(c),
Pub. L. 98–460, § 6(d), (e),
Pub. L. 98–460, § 9(a)(2),
Pub. L. 98–460, § 15,
Provisions authorizing payment of travel expenses either on an actual cost or commuted basis, to an individual for travel incident to medical examinations, and to parties, their representatives and all reasonably necessary witnesses for travel within the United States, Puerto Rico, and the Virgin Islands, to reconsider interviews and to proceedings before administrative law judges under subchapters II, XVI, and XVIII of this chapter were contained in the following appropriation acts:
June 29, 1956, ch. 477, title II, 70 Stat. 434.
Aug. 1, 1955, ch. 437, title II, 69 Stat. 408.
Pub. L. 96–265, title III, § 304(g),
Pub. L. 96–265, title III, § 304(i),