
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1382c]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
   SUBCHAPTER XVI--SUPPLEMENTAL SECURITY INCOME FOR AGED, BLIND, AND 
                                DISABLED
 
                    Part A--Determination of Benefits
 
Sec. 1382c. Definitions

    (a)(1) For purposes of this subchapter, the term ``aged, blind, or 
disabled individual'' means an individual who--
        (A) is 65 years of age or older, is blind (as determined under 
    paragraph (2)), or is disabled (as determined under paragraph (3)), 
    and
        (B)(i) is a resident of the United States, and is either (I) a 
    citizen or (II) an alien lawfully admitted for permanent residence 
    or otherwise permanently residing in the United States under color 
    of law (including any alien who is lawfully present in the United 
    States as a result of the application of the provisions of section 
    1182(d)(5) of title 8), or
        (ii) is a child who is a citizen of the United States, who is 
    living with a parent of the child who is a member of the Armed 
    Forces of the United States assigned to permanent duty ashore 
    outside the United States, and who, for the month before the parent 
    reported for such assignment, received a benefit under this 
    subchapter.

    (2) An individual shall be considered to be blind for purposes of 
this subchapter if he has central visual acuity of 20/200 or less in the 
better eye with the use of a correcting lens. An eye which is 
accompanied by a limitation in the fields of vision such that the widest 
diameter of the visual field subtends an angle no greater than 20 
degrees shall be considered for purposes of the first sentence of this 
subsection as having a central visual acuity of 20/200 or less. An 
individual shall also be considered to be blind for purposes of this 
subchapter if he is blind as defined under a State plan approved under 
subchapter X or XVI of this chapter as in effect for October 1972 and 
received aid under such plan (on the basis of blindness) for December 
1973, so long as he is continuously blind as so defined.
    (3)(A) Except as provided in subparagraph (C), an individual shall 
be considered to be disabled for purposes of this subchapter if he is 
unable to engage in any substantial gainful activity by reason of any 
medically determinable physical or mental impairment which can be 
expected to result in death or which has lasted or can be expected to 
last for a continuous period of not less than twelve months.
    (B) For purposes of subparagraph (A), an individual shall be 
determined to be under a disability only if his physical or mental 
impairment or impairments are of such severity that he is not only 
unable to do his previous work but cannot, considering his age, 
education, and work experience, engage in any other kind of substantial 
gainful work which exists in the national economy, regardless of whether 
such work exists in the immediate area in which he lives, or whether a 
specific job vacancy exists for him, or whether he would be hired if he 
applied for work. For purposes of the preceding sentence (with respect 
to any individual), ``work which exists in the national economy'' means 
work which exists in significant numbers either in the region where such 
individual lives or in several regions of the country.
    (C)(i) An individual under the age of 18 shall be considered 
disabled for the purposes of this subchapter if that individual has a 
medically determinable physical or mental impairment, which results in 
marked and severe functional limitations, and which can be expected to 
result in death or which has lasted or can be expected to last for a 
continuous period of not less than 12 months.
    (ii) Notwithstanding clause (i), no individual under the age of 18 
who engages in substantial gainful activity (determined in accordance 
with regulations prescribed pursuant to subparagraph (E)) may be 
considered to be disabled.
    (D) For purposes of this paragraph, a physical or mental impairment 
is an impairment that results from anatomical, physiological, or 
psychological abnormalities which are demonstrable by medically 
acceptable clinical and laboratory diagnostic techniques.
    (E) The Commissioner of Social Security shall by regulations 
prescribe the criteria for determining when services performed or 
earnings derived from services demonstrate an individual's ability to 
engage in substantial gainful activity. In determining whether an 
individual is able to engage in substantial gainful activity by reason 
of his earnings, where his disability is sufficiently severe to result 
in a functional limitation requiring assistance in order for him to 
work, there shall be excluded from such earnings an amount equal to the 
cost (to such individual) of any attendant care services, medical 
devices, equipment, prostheses, and similar items and services (not 
including routine drugs or routine medical services unless such drugs or 
services are necessary for the control of the disabling condition) which 
are necessary (as determined by the Commissioner of Social Security in 
regulations) for that purpose, whether or not such assistance is also 
needed to enable him to carry out his normal daily functions; except 
that the amounts to be excluded shall be subject to such reasonable 
limits as the Commissioner of Social Security may prescribe. 
Notwithstanding the provisions of subparagraph (B), an individual whose 
services or earnings meet such criteria shall be found not to be 
disabled. The Commissioner of Social Security shall make determinations 
under this subchapter with respect to substantial gainful activity, 
without regard to the legality of the activity.
    (F) Notwithstanding the provisions of subparagraphs (A) through (E), 
an individual shall also be considered to be disabled for purposes of 
this subchapter if he is permanently and totally disabled as defined 
under a State plan approved under subchapter XIV or XVI of this chapter 
as in effect for October 1972 and received aid under such plan (on the 
basis of disability) for December 1973 (and for at least one month prior 
to July 1973), so long as he is continuously disabled as so defined.
    (G) In determining whether an individual's physical or mental 
impairment or impairments are of a sufficient medical severity that such 
impairment or impairments could be the basis of eligibility under this 
section, the Commissioner of Social Security shall consider the combined 
effect of all of the individual's impairments without regard to whether 
any such impairment, if considered separately, would be of such 
severity. If the Commissioner of Social Security does find a medically 
severe combination of impairments, the combined impact of the 
impairments shall be considered throughout the disability determination 
process.
    (H)(i) In making determinations with respect to disability under 
this subchapter, the provisions of sections 421(h), 421(k), and 
423(d)(5) of this title shall apply in the same manner as they apply to 
determinations of disability under subchapter II of this chapter.
    (ii)(I) Not less frequently than once every 3 years, the 
Commissioner shall review in accordance with paragraph (4) the continued 
eligibility for benefits under this subchapter of each individual who 
has not attained 18 years of age and is eligible for such benefits by 
reason of an impairment (or combination of impairments) which is likely 
to improve (or, at the option of the Commissioner, which is unlikely to 
improve).
    (II) A representative payee of a recipient whose case is reviewed 
under this clause shall present, at the time of review, evidence 
demonstrating that the recipient is, and has been, receiving treatment, 
to the extent considered medically necessary and available, of the 
condition which was the basis for providing benefits under this 
subchapter.
    (III) If the representative payee refuses to comply without good 
cause with the requirements of subclause (II), the Commissioner of 
Social Security shall, if the Commissioner determines it is in the best 
interest of the individual, promptly suspend payment of benefits to the 
representative payee, and provide for payment of benefits to an 
alternative representative payee of the individual or, if the interest 
of the individual under this subchapter would be served thereby, to the 
individual.
    (IV) Subclause (II) shall not apply to the representative payee of 
any individual with respect to whom the Commissioner determines such 
application would be inappropriate or unnecessary. In making such 
determination, the Commissioner shall take into consideration the nature 
of the individual's impairment (or combination of impairments). Section 
1383(c) of this title shall not apply to a finding by the Commissioner 
that the requirements of subclause (II) should not apply to an 
individual's representative payee.
    (iii) If an individual is eligible for benefits under this 
subchapter by reason of disability for the month preceding the month in 
which the individual attains the age of 18 years, the Commissioner shall 
redetermine such eligibility--
        (I) by applying the criteria used in determining initial 
    eligibility for individuals who are age 18 or older; and
        (II) either during the 1-year period beginning on the 
    individual's 18th birthday or, in lieu of a continuing disability 
    review, whenever the Commissioner determines that an individual's 
    case is subject to a redetermination under this clause.

With respect to any redetermination under this clause, paragraph (4) 
shall not apply.
    (iv)(I) Except as provided in subclause (VI), not later than 12 
months after the birth of an individual, the Commissioner shall review 
in accordance with paragraph (4) the continuing eligibility for benefits 
under this subchapter by reason of disability of such individual whose 
low birth weight is a contributing factor material to the Commissioner's 
determination that the individual is disabled.
    (II) A review under subclause (I) shall be considered a substitute 
for a review otherwise required under any other provision of this 
subparagraph during that 12-month period.
    (III) A representative payee of a recipient whose case is reviewed 
under this clause shall present, at the time of review, evidence 
demonstrating that the recipient is, and has been, receiving treatment, 
to the extent considered medically necessary and available, of the 
condition which was the basis for providing benefits under this 
subchapter.
    (IV) If the representative payee refuses to comply without good 
cause with the requirements of subclause (III), the Commissioner of 
Social Security shall, if the Commissioner determines it is in the best 
interest of the individual, promptly suspend payment of benefits to the 
representative payee, and provide for payment of benefits to an 
alternative representative payee of the individual or, if the interest 
of the individual under this subchapter would be served thereby, to the 
individual.
    (V) Subclause (III) shall not apply to the representative payee of 
any individual with respect to whom the Commissioner determines such 
application would be inappropriate or unnecessary. In making such 
determination, the Commissioner shall take into consideration the nature 
of the individual's impairment (or combination of impairments). Section 
1383(c) of this title shall not apply to a finding by the Commissioner 
that the requirements of subclause (III) should not apply to an 
individual's representative payee.
    (VI) Subclause (I) shall not apply in the case of an individual 
described in that subclause who, at the time of the individual's initial 
disability determination, the Commissioner determines has an impairment 
that is not expected to improve within 12 months after the birth of that 
individual, and who the Commissioner schedules for a continuing 
disability review at a date that is after the individual attains 1 year 
of age.
    (I) In making any determination under this subchapter with respect 
to the disability of an individual who has not attained the age of 18 
years and to whom section 421(h) of this title does not apply, the 
Commissioner of Social Security shall make reasonable efforts to ensure 
that a qualified pediatrician or other individual who specializes in a 
field of medicine appropriate to the disability of the individual (as 
determined by the Commissioner of Social Security) evaluates the case of 
such individual.
    (J) Notwithstanding subparagraph (A), an individual shall not be 
considered to be disabled for purposes of this subchapter if alcoholism 
or drug addiction would (but for this subparagraph) be a contributing 
factor material to the Commissioner's determination that the individual 
is disabled.
    (4) A recipient of benefits based on disability under this 
subchapter may be determined not to be entitled to such benefits on the 
basis of a finding that the physical or mental impairment on the basis 
of which such benefits are provided has ceased, does not exist, or is 
not disabling only if such finding is supported by--
        (A) in the case of an individual who is age 18 or older--
            (i) substantial evidence which demonstrates that--
                (I) there has been any medical improvement in the 
            individual's impairment or combination of impairments (other 
            than medical improvement which is not related to the 
            individual's ability to work), and
                (II) the individual is now able to engage in substantial 
            gainful activity; or

            (ii) substantial evidence (except in the case of an 
        individual eligible to receive benefits under section 1382h of 
        this title) which--
                (I) consists of new medical evidence and a new 
            assessment of the individual's residual functional capacity, 
            and demonstrates that--
                    (aa) although the individual has not improved 
                medically, he or she is nonetheless a beneficiary of 
                advances in medical or vocational therapy or technology 
                (related to the individual's ability to work), and
                    (bb) the individual is now able to engage in 
                substantial gainful activity, or

                (II) demonstrates that--
                    (aa) although the individual has not improved 
                medically, he or she has undergone vocational therapy 
                (related to the individual's ability to work), and
                    (bb) the individual is now able to engage in 
                substantial gainful activity; or

            (iii) substantial evidence which demonstrates that, as 
        determined on the basis of new or improved diagnostic techniques 
        or evaluations, the individual's impairment or combination of 
        impairments is not as disabling as it was considered to be at 
        the time of the most recent prior decision that he or she was 
        under a disability or continued to be under a disability, and 
        that therefore the individual is able to engage in substantial 
        gainful activity; or

        (B) in the case of an individual who is under the age of 18--
            (i) substantial evidence which demonstrates that there has 
        been medical improvement in the individual's impairment or 
        combination of impairments, and that such impairment or 
        combination of impairments no longer results in marked and 
        severe functional limitations; or
            (ii) substantial evidence which demonstrates that, as 
        determined on the basis of new or improved diagnostic techniques 
        or evaluations, the individual's impairment or combination of 
        impairments, is not as disabling as it was considered to be at 
        the time of the most recent prior decision that the individual 
        was under a disability or continued to be under a disability, 
        and such impairment or combination of impairments does not 
        result in marked and severe functional limitations; or

        (C) in the case of any individual, substantial evidence (which 
    may be evidence on the record at the time any prior determination of 
    the entitlement to benefits based on disability was made, or newly 
    obtained evidence which relates to that determination) which 
    demonstrates that a prior determination was in error.

Nothing in this paragraph shall be construed to require a determination 
that an individual receiving benefits based on disability under this 
subchapter is entitled to such benefits if the prior determination was 
fraudulently obtained or if the individual is engaged in substantial 
gainful activity, cannot be located, or fails, without good cause, to 
cooperate in a review of his or her entitlement or to follow prescribed 
treatment which would be expected (i) to restore his or her ability to 
engage in substantial gainful activity, or (ii) in the case of an 
individual under the age of 18, to eliminate or improve the individual's 
impairment or combination of impairments so that it no longer results in 
marked and severe functional limitations. Any determination under this 
paragraph shall be made on the basis of all the evidence available in 
the individual's case file, including new evidence concerning the 
individual's prior or current condition which is presented by the 
individual or secured by the Commissioner of Social Security. Any 
determination made under this paragraph shall be made on the basis of 
the weight of the evidence and on a neutral basis with regard to the 
individual's condition, without any initial inference as to the presence 
or absence of disability being drawn from the fact that the individual 
has previously been determined to be disabled.
    (b) For purposes of this subchapter, the term ``eligible spouse'' 
means an aged, blind, or disabled individual who is the husband or wife 
of another aged, blind, or disabled individual, and who, in a month, is 
living with such aged, blind, or disabled individual on the first day of 
the month or, in any case in which either spouse files an application 
for benefits, on the first day of the month following the date the 
application is filed, or, in any case in which either spouse requests 
restoration of eligibility under this subchapter during the month, at 
the time the request is filed. If two aged, blind, or disabled 
individuals are husband and wife as described in the preceding sentence, 
only one of them may be an ``eligible individual'' within the meaning of 
section 1382(a) of this title.
    (c) For purposes of this subchapter, the term ``child'' means an 
individual who is neither married nor (as determined by the Commissioner 
of Social Security) the head of a household, and who is (1) under the 
age of eighteen, or (2) under the age of twenty-two and (as determined 
by the Commissioner of Social Security) a student regularly attending a 
school, college, or university, or a course of vocational or technical 
training designed to prepare him for gainful employment.
    (d) In determining whether two individuals are husband and wife for 
purposes of this subchapter, appropriate State law shall be applied; 
except that--
        (1) if a man and woman have been determined to be husband and 
    wife under section 416(h)(1) of this title for purposes of 
    subchapter II of this chapter they shall be considered (from and 
    after the date of such determination or the date of their 
    application for benefits under this subchapter, whichever is later) 
    to be husband and wife for purposes of this subchapter, or
        (2) if a man and woman are found to be holding themselves out to 
    the community in which they reside as husband and wife, they shall 
    be so considered for purposes of this subchapter notwithstanding any 
    other provision of this section.

    (e) For purposes of this subchapter, the term ``United States'', 
when used in a geographical sense, means the 50 States and the District 
of Columbia.
    (f)(1) For purposes of determining eligibility for and the amount of 
benefits for any individual who is married and whose spouse is living 
with him in the same household but is not an eligible spouse, such 
individual's income and resources shall be deemed to include any income 
and resources of such spouse, whether or not available to such 
individual, except to the extent determined by the Commissioner of 
Social Security to be inequitable under the circumstances.
    (2)(A) For purposes of determining eligibility for and the amount of 
benefits for any individual who is a child under age 18, such 
individual's income and resources shall be deemed to include any income 
and resources of a parent of such individual (or the spouse of such a 
parent) who is living in the same household as such individual, whether 
or not available to such individual, except to the extent determined by 
the Commissioner of Social Security to be inequitable under the 
circumstances.
    (B) Subparagraph (A) shall not apply in the case of any child who 
has not attained the age of 18 years who--
        (i) is disabled;
        (ii) received benefits under this subchapter, pursuant to 
    section 1382(e)(1)(B) of this title, while in an institution 
    described in section 1382(e)(1)(B) of this title;
        (iii) is eligible for medical assistance under a State home care 
    plan approved by the Secretary under the provisions of section 
    1396n(c) of this title relating to waivers, or authorized under 
    section 1396a(e)(3) of this title; and
        (iv) but for this subparagraph, would not be eligible for 
    benefits under this subchapter.

    (3) For purposes of determining eligibility for and the amount of 
benefits for any individual who is an alien, such individual's income 
and resources shall be deemed to include the income and resources of his 
sponsor and such sponsor's spouse (if such alien has a sponsor) as 
provided in section 1382j of this title. Any such income deemed to be 
income of such individual shall be treated as unearned income of such 
individual.
    (4) For purposes of paragraphs (1) and (2), a spouse or parent (or 
spouse of such a parent) who is absent from the household in which the 
individual lives due solely to a duty assignment as a member of the 
Armed Forces on active duty shall, in the absence of evidence to the 
contrary, be deemed to be living in the same household as the 
individual.

(Aug. 14, 1935, ch. 531, title XVI, Sec. 1614, as added Pub. L. 92-603, 
title III, Sec. 301, Oct. 30, 1972, 86 Stat. 1471; amended Pub. L. 93-
233, Sec. 9, Dec. 31, 1973, 87 Stat. 957; Pub. L. 96-265, title II, 
Sec. 203(a), title III, Secs. 302(a)(2), 303(c)(1), title V, 
Sec. 504(a), June 9, 1980, 94 Stat. 449, 450, 453, 471; Pub. L. 98-369, 
div. B, title VI, Sec. 2663(g)(6), (7), July 18, 1984, 98 Stat. 1168, 
1169; Pub. L. 98-460, Secs. 2(c), 3(a)(2), 4(b), 8(b), 10(b), Oct. 9, 
1984, 98 Stat. 1796, 1799, 1800, 1804, 1805; Pub. L. 99-643, 
Sec. 4(d)(2), (3)(A), Nov. 10, 1986, 100 Stat. 3577; Pub. L. 101-239, 
title VIII, Secs. 8009(b), 8010(a), 8012(a), Dec. 19, 1989, 103 Stat. 
2463, 2464; Pub. L. 101-508, title V, Sec. 5036(a), Nov. 5, 1990, 104 
Stat. 1388-225; Pub. L. 101-649, title I, Sec. 162(e)(5), Nov. 29, 1990, 
104 Stat. 5011; Pub. L. 103-66, title XIII, Secs. 13733(a), 13734(a), 
Aug. 10, 1993, 107 Stat. 662; Pub. L. 103-296, title I, Sec. 107(a)(4), 
title II, Sec. 201(b)(4)(A), Aug. 15, 1994, 108 Stat. 1478, 1505; Pub. 
L. 103-432, title II, Sec. 221(a), Oct. 31, 1994, 108 Stat. 4462; Pub. 
L. 104-121, title I, Sec. 105(b)(1), Mar. 29, 1996, 110 Stat. 853; Pub. 
L. 104-193, title II, Secs. 204(c)(1), 211(a), (c), 212(a), (b)(1), (c), 
Aug. 22, 1996, 110 Stat. 2188, 2189, 2192, 2193; Pub. L. 105-33, title 
V, Sec. 5522(a), (d), Aug. 5, 1997, 111 Stat. 622, 623.)


                               Amendments

    1997--Subsec. (a)(3)(H)(iii). Pub. L. 105-33, Sec. 5522(a)(1), added 
subcls. (I) and (II) and concluding provisions and struck out former 
subcls. (I) and (II) and concluding provisions which read as follows:
        ``(I) during the 1-year period beginning on the individual's 
    18th birthday; and
        ``(II) by applying the criteria used in determining the initial 
    eligibility for applicants who are age 18 or older.
With respect to a redetermination under this clause, paragraph (4) shall 
not apply and such redetermination shall be considered a substitute for 
a review or redetermination otherwise required under any other provision 
of this subparagraph during that 1-year period.''
    Subsec. (a)(3)(H)(iv). Pub. L. 105-33, Sec. 5522(a)(2), substituted 
``Except as provided in subclause (VI), not'' for ``Not'' in subcl. (I) 
and added subcl. (VI).
    Subsec. (a)(4). Pub. L. 105-33, Sec. 5522(d), made technical 
correction to directory language of Pub. L. 104-193, Sec. 211(c). See 
1996 Amendment notes below.
    1996--Subsec. (a)(3)(A). Pub. L. 104-193, Sec. 211(a)(1), (2), 
substituted ``Except as provided in subparagraph (C), an individual'' 
for ``An individual'' and struck out ``(or, in the case of an individual 
under the age of 18, if he suffers from any medically determinable 
physical or mental impairment of comparable severity)'' before period at 
end.
    Subsec. (a)(3)(C). Pub. L. 104-193, Sec. 211(a)(4), added subpar. 
(C). Former subpar. (C) redesignated (D).
    Subsec. (a)(3)(D), (E). Pub. L. 104-193, Sec. 211(a)(3), 
redesignated pars. (C) and (D) as (D) and (E), respectively. Former par. 
(E) redesignated (F).
    Subsec. (a)(3)(F). Pub. L. 104-193, Sec. 211(a)(3), (5), 
redesignated subpar. (E) as (F) and substituted ``subparagraphs (A) 
through (E)'' for ``subparagraphs (A) through (D)''. Former subpar. (F) 
redesignated (G).
    Subsec. (a)(3)(G). Pub. L. 104-193, Sec. 211(a)(3), redesignated 
subpar. (F) as (G). Former subpar. (G) redesignated (H).
    Subsec. (a)(3)(H). Pub. L. 104-193, Sec. 212(a), (b)(1), (c), 
designated existing provisions as cl. (i) and added cls. (ii) to (iv).
    Pub. L. 104-193, Sec. 211(a)(3), redesignated subpar. (G) as (H). 
Former subpar. (H) redesignated (I).
    Subsec. (a)(3)(I). Pub. L. 104-193, Sec. 211(a)(3), redesignated 
subpar. (H) as (I). Former subpar. (I) redesignated (J).
    Pub. L. 104-121 added subpar. (I).
    Subsec. (a)(3)(J). Pub. L. 104-193, Sec. 211(a)(3), redesignated 
subpar. (I) as (J).
    Subsec. (a)(4). Pub. L. 104-193, Sec. 211(c)(7), as amended by Pub. 
L. 105-33, Sec. 5522(d), in first sentence of concluding provisions 
inserted ``(i)'' before ``to restore'' and ``, or'' before ``(ii)'' and 
added cl. (ii).
    Pub. L. 104-193, Sec. 211(c)(1)-(6), as amended by Pub. L. 105-33, 
Sec. 5522(d), inserted ``(A) in the case of an individual who is age 18 
or older--'' after ``if such finding is supported by--'', redesignated 
former subpars. (A) to (C) as cls. (i) to (iii), respectively, in cl. 
(i) redesignated former cls. (i) and (ii) as subcls. (I) and (II), 
respectively, in cl. (ii) redesignated former cls. (i) and (ii) as 
subcls. (I) and (II), respectively, in subcls. (I) and (II) of cl. (ii) 
redesignated former subcls. (I) and (II) as items (aa) and (bb), 
respectively, added subpar. (B), redesignated former subpar. (D) as (C), 
and inserted ``in the case of any individual,'' before ``substantial 
evidence'' in that subpar.
    Subsec. (b). Pub. L. 104-193, Sec. 204(c)(1), substituted ``, on the 
first day of the month following the date the application is filed, or, 
in any case in which either spouse requests'' for ``or requests'' and 
struck out ``application or'' before ``request is filed.''
    1994--Subsec. (a)(3)(A). Pub. L. 103-432, Sec. 221(a)(1), 
substituted ``an individual'' for ``a child'' before ``under the age of 
18''.
    Subsec. (a)(3)(D). Pub. L. 103-296, Sec. 201(b)(4)(A), inserted at 
end ``The Secretary shall make determinations under this subchapter with 
respect to substantial gainful activity, without regard to the legality 
of the activity.''
    Pub. L. 103-296, Sec. 107(a)(4), in subpar. (D) as amended by Pub. 
L. 103-296, Sec. 201(b)(4)(A), substituted ``Commissioner of Social 
Security'' for ``Secretary'' wherever appearing.
    Subsec. (a)(3)(F). Pub. L. 103-296, Sec. 107(a)(4), substituted 
``Commissioner of Social Security'' for ``Secretary'' in two places.
    Subsec. (a)(3)(H). Pub. L. 103-432, Sec. 221(a), substituted ``an 
individual'' for ``a child'', ``the individual'' for ``the child'', and 
``such individual'' for ``such child''.
    Pub. L. 103-296, Sec. 107(a)(4), substituted ``Commissioner of 
Social Security'' for ``Secretary'' in two places.
    Subsecs. (a)(4), (c), (f)(1), (2)(A). Pub. L. 103-296, 
Sec. 107(a)(4), substituted ``Commissioner of Social Security'' for 
``Secretary'' wherever appearing.
    1993--Subsec. (a)(1)(B)(ii). Pub. L. 103-66, Sec. 13734(a), 
substituted ``and who, for the month before the parent reported for such 
assignment, received a benefit under this subchapter'' for ``the 
District of Columbia, Puerto Rico, and the territories and possessions 
of the United States, and who, during the month before the parent 
reported for such assignment, was receiving benefits under this 
subchapter''.
    Subsec. (f)(4). Pub. L. 103-66, Sec. 13733(a), added par. (4).
    1990--Subsec. (a)(1)(B)(i). Pub. L. 101-649 struck out ``section 
1153(a)(7) or'' after ``the provisions of''.
    Subsec. (a)(3)(H). Pub. L. 101-508 added subpar. (H).
    1989--Subsec. (a)(1)(B). Pub. L. 101-239, Sec. 8009(b), designated 
existing provisions as cl. (i), redesignated former cls. (i) and (ii) as 
subcls. (I) and (II), respectively, substituted ``, or'' for period at 
end, and added cl. (ii).
    Subsec. (b). Pub. L. 101-239, Sec. 8012(a), amended first sentence 
generally. Prior to amendment, first sentence read as follows: ``For 
purposes of this subchapter, the term `eligible spouse' means an aged, 
blind, or disabled individual who is the husband or wife of another 
aged, blind, or disabled individual and who has not been living apart 
from such other aged, blind, or disabled individual for more than six 
months.''
    Subsec. (f)(2). Pub. L. 101-239, Sec. 8010(a), designated existing 
provisions as subpar. (A) and added subpar. (B).
    1986--Subsec. (a)(3)(D). Pub. L. 99-643, Sec. 4(d)(2)(A), struck out 
``, except for purposes of subparagraph (F) or paragraph (4),'' after 
``such criteria''.
    Subsec. (a)(3)(F) to (H). Pub. L. 99-643, Sec. 4(d)(2)(B), 
redesignated subpars. (G) and (H) as (F) and (G), respectively, and 
struck out former subpar. (F) which read as follows: ``For purposes of 
this subchapter, an individual whose trial work period has ended by 
application of paragraph (4)(D)(i) shall, subject to section 1382(e)(4) 
of this title, nonetheless be considered (except for purposes of section 
1383(a)(5) of this title) to be disabled through the end of the month 
preceding the termination month. For purposes of the preceding sentence, 
the termination month for any individual shall be the earlier of (i) the 
earliest month after the end of such period of trial work with respect 
to which such individual is determined to no longer be suffering from a 
disabling physical or mental impairment, or (ii) the first month, after 
the period of 15 consecutive months following the end of such period of 
trial work, in which such individual engages in or is determined to be 
able to engage in substantial gainful activity.''
    Subsec. (a)(4), (5). Pub. L. 99-643, Sec. 4(d)(3)(A), redesignated 
par. (5) as (4) and struck out former par. (4) which read as follows:
    ``(A) For purposes of this subchapter, any services rendered during 
a period of trial work (as defined in subparagraph (B)) by an individual 
who is an aged, blind, or disabled individual solely by reason of 
disability (as determined under paragraph (3) of this subsection) shall 
be deemed not to have been rendered by such individual in determining 
whether his disability has ceased in a month during such period. As used 
in this paragraph, the term `services' means activity which is performed 
for remuneration or gain or is determined by the Secretary to be of a 
type normally performed for remuneration or gain.
    ``(B) The term `period of trial work', with respect to an individual 
who is an aged, blind, or disabled individual solely by reason of 
disability (as determined under paragraph (3) of this subsection), means 
a period of months beginning and ending as provided in subparagraphs (C) 
and (D).
    ``(C) A period of trial work for any individual shall begin with the 
month in which he becomes eligible for benefits under this subchapter on 
the basis of his disability; but no such period may begin for an 
individual who is eligible for benefits under this subchapter on the 
basis of a disability if he has had a previous period of trial work 
while eligible for benefits on the basis of the same disability.
    ``(D) A period of trial work for any individual shall end with the 
close of whichever of the following months is the earlier:
        ``(i) the ninth month, beginning on or after the first day of 
    such period, in which the individual renders services (whether or 
    not such nine months are consecutive); or
        ``(ii) the month in which his disability (as determined under 
    paragraph (3) of this subsection) ceases (as determined after the 
    application of subparagraph (A) of this paragraph).''
    1984--Subsec. (a)(3)(E). Pub. L. 98-369, Sec. 2663(g)(6), realigned 
margin of subpar. (E).
    Subsec. (a)(3)(G). Pub. L. 98-460, Sec. 4(b), added subpar. (G).
    Subsec. (a)(3)(H). Pub. L. 98-460, Sec. 8(b), added subpar. (H).
    Pub. L. 98-460, Sec. 3(a)(2), inserted reference to section 
423(d)(5) of this title.
    Pub. L. 98-460, Sec. 10(b), inserted reference to section 421(k) of 
this title.
    Subsec. (a)(5). Pub. L. 98-460, Sec. 2(c), added par. (5).
    Subsec. (d)(1). Pub. L. 98-369, Sec. 2663(g)(7), substituted ``man 
and woman'' for ``man and women''.
    1980--Subsec. (a)(3)(D). Pub. L. 96-265, Sec. 302(a)(2), inserted 
provisions relating to extraordinary work expenses due to severe 
disability.
    Pub. L. 96-265, Sec. 303(c)(1)(B), substituted reference to 
subparagraph (F) or paragraph (4) for reference to paragraph (4).
    Subsec. (a)(3)(F). Pub. L. 96-265, Sec. 303(c)(1)(A), added subpar. 
(F).
    Subsec. (f)(2). Pub. L. 96-265, Sec. 203(a), substituted ``under age 
18'' for ``under age 21''.
    Subsec. (f)(3). Pub. L. 96-265, Sec. 504(a), added par. (3).
    1973--Subsec. (a)(3)(A). Pub. L. 93-233, Sec. 9(1), struck out last 
sentence defining a disabled individual as one permanently and totally 
disabled as defined under a State plan approved under subchapter XIV or 
XVI of this chapter as in effect for 1972 and receiving aid under such 
plan (on the basis of disability for December 1973, so long as the 
individual is continuously disabled as so defined, which provisions were 
covered in subsec. (a)(3)(E) of this section.
    Subsec. (a)(3)(E). Pub. L. 93-233, Sec. 9(2), incorporated 
provisions of last sentence of subpar. (A) in provisions designated as 
subpar. (E) and inserted introductory text ``Notwithstanding the 
provisions of subparagraphs (A) through (D)'' and parenthetical phrase 
``(and for at least one month prior to July 1973)'' after ``December 
1973''.


                    Effective Date of 1997 Amendment

    Amendment by 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.


                    Effective Date of 1996 Amendments

    Amendment by section 204(c)(1) 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.
    Section 211(d) of Pub. L. 104-193, as amended by Pub. L. 105-33, 
title V, Sec. 5101, Aug. 5, 1997, 111 Stat. 595, provided that:
    ``(1) Effective dates.--
        ``(A) Subsections (a) and (b).--
            ``(i) In general.--The provisions of, and amendments made 
        by, subsections (a) [amending this section] and (b) [110 Stat. 
        2189] of this section shall apply to any individual who applies 
        for, or whose claim is finally adjudicated with respect to, 
        benefits under title XVI of the Social Security Act [this 
        subchapter] on or after the date of the enactment of this Act 
        [Aug. 22, 1996], without regard to whether regulations have been 
        issued to implement such provisions and amendments.
            ``(ii) Determination of final adjudication.--For purposes of 
        clause (i), no individual's claim with respect to such benefits 
        may be considered to be finally adjudicated before such date of 
        enactment if, on or after such date, there is pending a request 
        for either administrative or judicial review with respect to 
        such claim that has been denied in whole, or there is pending, 
        with respect to such claim, readjudication by the Commissioner 
        of Social Security pursuant to relief in a class action or 
        implementation by the Commissioner of a court remand order.
        ``(B) Subsection (c).--The amendments made by subsection (c) of 
    this section [amending this section] shall apply with respect to 
    benefits under title XVI of the Social Security Act for months 
    beginning on or after the date of the enactment of this Act, without 
    regard to whether regulations have been issued to implement such 
    amendments.
    ``(2) Application to current recipients.--
        ``(A) Eligibility redeterminations.--During the period beginning 
    on the date of the enactment of this Act [Aug. 22, 1996] and ending 
    on the date which is 18 months after such date of enactment, the 
    Commissioner of Social Security shall redetermine the eligibility of 
    any individual under age 18 who is eligible for supplemental 
    security income benefits by reason of disability under title XVI of 
    the Social Security Act [this subchapter] as of the date of the 
    enactment of this Act and whose eligibility for such benefits may 
    terminate by reason of the provisions of, or amendments made by, 
    subsections (a) and (b) of this section. Any redetermination 
    required by the preceding sentence that is not performed before the 
    end of the period described in the preceding sentence shall be 
    performed as soon as is practicable thereafter. With respect to any 
    redetermination under this subparagraph--
            ``(i) section 1614(a)(4) of the Social Security Act (42 
        U.S.C. 1382c(a)(4)) shall not apply;
            ``(ii) the Commissioner of Social Security shall apply the 
        eligibility criteria for new applicants for benefits under title 
        XVI of such Act;
            ``(iii) the Commissioner shall give such redetermination 
        priority over all continuing eligibility reviews and other 
        reviews under such title; and
            ``(iv) such redetermination shall be counted as a review or 
        redetermination otherwise required to be made under section 208 
        of the Social Security Independence and Program Improvements Act 
        of 1994 [Pub. L. 103-296, set out as a note under section 1382 
        of this title] or any other provision of title XVI of the Social 
        Security Act.
        ``(B) Grandfather provision.--The provisions of, and amendments 
    made by, subsections (a) [amending this section] and (b) [110 Stat. 
    2189] of this section, and the redetermination under subparagraph 
    (A), shall only apply with respect to the benefits of an individual 
    described in subparagraph (A) for months beginning on or after the 
    later of July 1, 1997, or the date of the redetermination with 
    respect to such individual.
        ``(C) Notice.--Not later than January 1, 1997, the Commissioner 
    of Social Security shall notify an individual described in 
    subparagraph (A) of the provisions of this paragraph. Before 
    commencing a redetermination under the 2nd sentence of subparagraph 
    (A), in any case in which the individual involved has not already 
    been notified of the provisions of this paragraph, the Commissioner 
    of Social Security shall notify the individual involved of the 
    provisions of this paragraph.
    ``(3) Report.--The Commissioner of Social Security shall report to 
the Congress regarding the progress made in implementing the provisions 
of, and amendments made by, this section [amending this section, 
sections 665e and 901 of Title 2, The Congress, and provisions set out 
as a note under section 401 of this title] on child disability 
evaluations not later than 180 days after the date of the enactment of 
this Act [Aug. 22, 1996].
    ``(4) Regulations.--Notwithstanding any other provision of law, the 
Commissioner of Social Security shall submit for review to the 
committees of jurisdiction in the Congress any final regulation 
pertaining to the eligibility of individuals under age 18 for benefits 
under title XVI of the Social Security Act [this subchapter] at least 45 
days before the effective date of such regulation. The submission under 
this paragraph shall include supporting documentation providing a cost 
analysis, workload impact, and projections as to how the regulation will 
effect the future number of recipients under such title.
    ``(5) Cap adjustment for ssi administrative work required by welfare 
reform.--
        ``(A) Authorization.--For the additional costs of continuing 
    disability reviews and redeterminations under title XVI of the 
    Social Security Act, there is hereby authorized to be appropriated 
    to the Social Security Administration, in addition to amounts 
    authorized under section 201(g)(1)(A) of the Social Security Act 
    [section 401(g)(1)(A) of this title], $150,000,000 in fiscal year 
    1997 and $100,000,000 in fiscal year 1998.
        ``(B) Cap adjustment.--[Amended section 901 of Title 2, The 
    Congress.]
        ``(C) Adjustments.--[Amended section 665e of Title 2.]
        ``(D) Conforming amendment.--[Amended section 103(d)(1) of Pub. 
    L. 104-121, set out as a note under section 401 of this title.]
    ``(6) Benefits under title xvi.--For purposes of this subsection, 
the term `benefits 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].''
    Section 212(d) of Pub. L. 104-193 provided that: ``The amendments 
made by this section [amending this section and repealing provisions set 
out as a note under section 1383 of this title] shall apply to benefits 
for months beginning on or after the date of the enactment of this Act 
[Aug. 22, 1996], without regard to whether regulations have been issued 
to implement such amendments.''
    Amendment by Pub. L. 104-121 applicable to individual who applies 
for, or whose claim is finally adjudicated with respect to, supplemental 
security income benefits under this subchapter based on disability on or 
after Mar. 29, 1996, with special rule in case of individual who has 
applied for, and whose claim has been finally adjudicated with respect 
to, such benefits before Mar. 29, 1996, see section 105(b)(5) of Pub. L. 
104-121, set out as a note under section 1382 of this title.


                    Effective Date of 1994 Amendment

    Section 221(b) of Pub. L. 103-432 provided that: ``The amendments 
made by subsection (a) [amending this section] shall apply to 
determinations made on or after the date of the enactment of this Act 
[Oct. 31, 1994].''
    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)(4)(B) of Pub. L. 103-296 provided that: ``The 
amendment made by subparagraph (A) [amending this section] shall take 
effect on the date of the enactment of this Act [Aug. 15, 1994].''


                    Effective Date of 1993 Amendment

    Amendment by section 13733(a) of Pub. L. 103-66 effective on first 
day of second month that begins after Aug. 10, 1993, see section 
13733(c) of Pub. L. 103-66, set out as a note under section 1382a of 
this title.
    Section 13734(b) of Pub. L. 103-66 provided that: ``The amendment 
made by subsection (a) [amending this section] shall take effect on the 
1st day of the 3rd month that begins after the date of the enactment of 
this Act [Aug. 10, 1993].''


                    Effective Date of 1990 Amendments

    Amendment by Pub. L. 101-649 effective Oct. 1, 1991, and applicable 
beginning with fiscal year 1992, see section 161(a) of Pub. L. 101-649, 
set out as a note under section 1101 of Title 8, Aliens and Nationality.
    Section 5036(b) of Pub. L. 101-508 provided that: ``The amendment 
made by subsection (a) [amending this section] shall apply to 
determinations made 6 or more months after the date of the enactment of 
this Act [Nov. 5, 1990].''


                    Effective Date of 1989 Amendment

    Amendment by section 8009(b) of Pub. L. 101-239 applicable with 
respect to benefits for months after March 1990, see section 8009(c) of 
Pub. L. 101-239, set out as a note under section 1382 of this title.
    Amendment by section 8010(a) of Pub. L. 101-239 effective on 1st day 
of 6th calendar month beginning after Dec. 19, 1989, see section 8010(c) 
of Pub. L. 101-239, set out as a note under section 1382 of this title.
    Section 8012(b) of Pub. L. 101-239 provided that: ``The amendment 
made by subsection (a) [amending this section] shall take effect on 
October 1, 1990.''


                    Effective Date of 1986 Amendment

    Amendment by 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.


                    Effective Date of 1984 Amendments

    Amendment by section 2(c) of Pub. L. 98-460 applicable to 
determinations made by the Secretary on or after Oct. 9, 1984, with 
certain enumerated exceptions and qualifications, see section 2(d) of 
Pub. L. 98-460, set out as a note under section 423 of this title.
    Amendment by section 3(a)(2) of Pub. L. 98-460 applicable to 
determinations made prior to Jan. 1, 1987, see section 3(a)(3) of Pub. 
L. 98-460, set out as a note under section 423 of this title.
    Amendment by section 4(b) of Pub. L. 98-460 applicable with respect 
to determinations made on or after the first day of the first month 
beginning after 30 days after Oct. 9, 1984, see section 4(c) of Pub. L. 
98-460, set out as a note under section 423 of this title.
    Amendment by section 8(b) of Pub. L. 98-460 applicable to 
determinations made after 60 days after Oct. 9, 1984, see section 8(c) 
of Pub. L. 98-460, set out as a note under section 421 of this title.
    Amendment by 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 1980 Amendment

    Section 203(b) of Pub. L. 96-265 provided that: ``The amendment made 
by subsection (a) [amending this section] shall become effective on 
October 1, 1980; except that the amendment made by such subsection shall 
not apply, in the case of any child who, in September 1980, was 18 or 
over and received a supplemental security income benefit for such month, 
during any period for which such benefit would be greater without the 
application of such amendment.''
    Amendment by section 302(a)(2) of Pub. L. 96-265 applicable with 
respect to expenses incurred on or after the first day of the sixth 
month which begins after June 9, 1980, see section 302(c) of Pub. L. 96-
265, set out as a note under section 423 of this title.
    Amendment by section 303(c)(1) of Pub. L. 96-265 effective on first 
day of sixth month which begins after June 9, 1980, and applicable with 
respect to any individual whose disability has not been determined to 
have ceased prior to such first day, see section 303(d) of Pub. L. 96-
265, set out as a note under section 402 of this title.
    Amendment by section 504(a) of Pub. L. 96-265 effective with respect 
to individuals applying for supplemental security income benefits under 
this subchapter for the first time after Sept. 30, 1980, see section 
504(c) of Pub. L. 96-265, set out as an Effective Date note under 
section 1382j of this title.


                             Effective Date

    Section 301 of Pub. L. 92-603 provided that this section is 
effective Jan. 1, 1974.


                               Regulations

    For provisions requiring Secretary of Health and Human Services to 
prescribe regulations necessary to implement amendment to this section 
[adding subsec. (a)(5)] by section 2(c) of Pub. L. 98-460 not later than 
180 days after Oct. 9, 1984, see section 2(g) of Pub. L. 98-460, set out 
as a note under section 423 of this title.


                          Retroactive Benefits

    For provisions relating to entitlement to retroactive benefits under 
section 2 of Pub. L. 98-460, which added subsec. (a)(5) of this section, 
see section 2(f) of Pub. L. 98-460, set out as a note under section 423 
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 provisions of Pub. L. 92-603, eff. Jan. 1, 1974, 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 1320b-19, 1382, 1382j, 1383, 
1383b, 1396a, 1396d, 1396p, 1437j, 6862, 8624 of this title; title 8 
sections 1255a, 1612.
