
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: 42USC1382h]

 
                 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. 1382h. Benefits for individuals who perform substantial 
        gainful activity despite severe medical impairment
        

(a) Eligible individuals

    (1) Except as provided in section 1383(j) of this title, any 
individual who was determined to be an eligible individual (or eligible 
spouse) by reason of being under a disability and was eligible to 
receive benefits under section 1382 of this title (or a federally 
administered State supplementary payment) for a month and whose earnings 
in a subsequent month exceed the amount designated by the Commissioner 
of Social Security ordinarily to represent substantial gainful activity 
shall qualify for a monthly benefit under this subsection for such 
subsequent month (which shall be in lieu of any benefit under section 
1382 of this title) equal to an amount determined under section 
1382(b)(1) of this title (or, in the case of an individual who has an 
eligible spouse, under section 1382(b)(2) of this title), and for 
purposes of subchapter XIX of this chapter shall be considered to be 
receiving supplemental security income benefits under this subchapter, 
for so long as--
        (A) such individual continues to have the disabling physical or 
    mental impairment on the basis of which such individual was found to 
    be under a disability; and
        (B) the income of such individual, other than income excluded 
    pursuant to section 1382a(b) of this title, is not equal to or in 
    excess of the amount which would cause him to be ineligible for 
    payments under section 1382 of this title and such individual meets 
    all other non-disability-related requirements for eligibility for 
    benefits under this subchapter.

    (2) The Commissioner of Social Security shall make a determination 
under paragraph (1)(A) with respect to an individual not later than 12 
months after the first month for which the individual qualifies for a 
benefit under this subsection.

(b) Blind or disabled individuals receiving supplemental security income 
        benefits

    (1) Except as provided in section 1383(j) of this title, for 
purposes of subchapter XIX of this chapter, any individual who was 
determined to be a blind or disabled individual eligible to receive a 
benefit under section 1382 of this title or any federally administered 
State supplementary payment for a month and who in a subsequent month is 
ineligible for benefits under this subchapter (and for any federally 
administered State supplementary payments) because of his or her income 
shall, nevertheless, be considered to be receiving supplemental security 
income benefits for such subsequent month provided that the Commissioner 
of Social Security determines under regulations that--
        (A) such individual continues to be blind or continues to have 
    the disabling physical or mental impairment on the basis of which he 
    was found to be under a disability and, except for his earnings, 
    meets all non-disability-related requirements for eligibility for 
    benefits under this subchapter;
        (B) the income of such individual would not, except for his 
    earnings and increases pursuant to section 415(i) of this title in 
    the level of monthly insurance benefits to which the individual is 
    entitled under subchapter II of this chapter that occur while such 
    individual is considered to be receiving supplemental security 
    income benefits by reason of this subsection, be equal to or in 
    excess of the amount which would cause him to be ineligible for 
    payments under section 1382(b) of this title (if he were otherwise 
    eligible for such payments);
        (C) the termination of eligibility for benefits under subchapter 
    XIX of this chapter would seriously inhibit his ability to continue 
    his employment; and
        (D) such individual's earnings are not sufficient to allow him 
    to provide for himself a reasonable equivalent of the benefits under 
    this subchapter (including any federally administered State 
    supplementary payments), benefits under subchapter XIX of this 
    chapter, and publicly funded attendant care services (including 
    personal care assistance), which would be available to him in the 
    absence of such earnings.

    (2)(A) Determinations made under paragraph (1)(D) shall be based on 
information and data updated no less frequently than annually.
    (B) In determining an individual's earnings for purposes of 
paragraph (1)(D), there shall be excluded from such earnings an amount 
equal to the sum of any amounts which are or would be excluded under 
clauses (ii) and (iv) of section 1382a(b)(4)(B) of this title (or under 
clauses (ii) and (iii) of section 1382a(b)(4)(A) of this title) in 
determining his or her income.
    (3) In the case of a State that exercises the option under section 
1396a(f) of this title, any individual who--
        (A)(i) qualifies for a benefit under subsection (a) of this 
    section, or
        (ii) meets the requirements of paragraph (1); and
        (B) was eligible for medical assistance under the State plan 
    approved under subchapter XIX of this chapter in the month 
    immediately preceding the first month in which the individual 
    qualified for a benefit under such subsection or met such 
    requirements,

shall remain eligible for medical assistance under such plan for so long 
as the individual qualifies for a benefit under such subsection or meets 
such requirements.

(c) Continuing disability or blindness reviews; limitation

    Subsection (a)(2) of this section and section 1383(j)(2)(A) of this 
title shall not be construed, singly or jointly, to require more than 1 
determination during any 12-month period with respect to the continuing 
disability or blindness of an individual.

(d) Information and training programs

    The Commissioner of Social Security and the Secretary of Education 
shall jointly develop and disseminate information, and establish 
training programs for staff personnel, with respect to the potential 
availability of benefits and services for disabled individuals under the 
provisions of this section. The Commissioner of Social Security shall 
provide such information to individuals who are applicants for and 
recipients of benefits based on disability under this subchapter and 
shall conduct such programs for the staffs of the district offices of 
the Social Security Administration. The Secretary of Education shall 
conduct such programs for the staffs of the State Vocational 
Rehabilitation agencies, and in cooperation with such agencies shall 
also provide such information to other appropriate individuals and to 
public and private organizations and agencies which are concerned with 
rehabilitation and social services or which represent the disabled.

(Aug. 14, 1935, ch. 531, title XVI, Sec. 1619, as added Pub. L. 96-265, 
title II, Sec. 201(a), June 9, 1980, 94 Stat. 445; amended Pub. L. 97-
35, title XXIII, Sec. 2353(o), Aug. 13, 1981, 95 Stat. 873; Pub. L. 98-
460, Sec. 14(b), Oct. 9, 1984, 98 Stat. 1808; Pub. L. 99-643, 
Secs. 4(a), (b), (c)(2), 7(a), Nov. 10, 1986, 100 Stat. 3575, 3577, 
3579; Pub. L. 101-508, title V, Secs. 5032(a), 5039(a), Nov. 5, 1990, 
104 Stat. 1388-224, 1388-226; Pub. L. 103-296, title I, Sec. 107(a)(1), 
(4), title II, Sec. 205(a), Aug. 15, 1994, 108 Stat. 1477, 1478, 1509.)


                               Amendments

    1994--Subsecs. (a)(1), (2), (b)(1). Pub. L. 103-296, Sec. 107(a)(4), 
substituted ``Commissioner of Social Security'' for ``Secretary''.
    Subsec. (b)(1)(B). Pub. L. 103-296, Sec. 205(a), inserted ``and 
increases pursuant to section 415(i) of this title in the level of 
monthly insurance benefits to which the individual is entitled under 
subchapter II of this chapter that occur while such individual is 
considered to be receiving supplemental security income benefits by 
reason of this subsection'' after ``earnings''.
    Subsec. (d). Pub. L. 103-296, Sec. 107(a)(1), substituted 
``Commissioner of Social Security'' for ``Secretary of Health and Human 
Services'' in two places.
    1990--Subsec. (b)(1). Pub. L. 101-508, Sec. 5032(a), struck out 
``under age 65'' after ``any individual'' in introductory provisions.
    Subsecs. (c), (d). Pub. L. 101-508, Sec. 5039(a), added subsec. (c) 
and redesignated former subsec. (c) as (d).
    1986--Subsec. (a). Pub. L. 99-643, Sec. 4(a), amended subsec. (a) 
generally. Prior to amendment, subsec. (a) read as follows: ``Any 
individual who is an eligible individual (or eligible spouse) by reason 
of being under a disability and was eligible to receive benefits under 
section 1382(b) of this title or under this section for the month 
preceding the month for which eligibility for benefits under this 
section is now being determined, and who would otherwise be denied 
benefits by reason of section 1382(e)(4) of this title or ceases to be 
an eligible individual (or eligible spouse) because his earnings have 
demonstrated a capacity to engage in substantial gainful activity, shall 
nevertheless qualify for a monthly benefit equal to an amount determined 
under section 1382(b)(1) of this title (or, in the case of an individual 
who has an eligible spouse, under section 1382(b)(2) of this title), and 
for purposes of subchapter XIX of this chapter shall be considered a 
disabled individual receiving supplemental security income benefits 
under this subchapter, for so long as the Secretary determines that--
        ``(1) such individual continues to have the disabling physical 
    or mental impairment on the basis of which such individual was found 
    to be under a disability, and continues to meet all non-disability-
    related requirements for eligibility for benefits under this 
    subchapter; and
        ``(2) the income of such individual, other than income excluded 
    pursuant to section 1382a(b) of this title, is not equal to or in 
    excess of the amount which would cause him to be ineligible for 
    payments under section 1382(b) of this title (if he were otherwise 
    eligible for such payments).''
    Subsec. (a)(1). Pub. L. 99-643, Sec. 4(c)(2)(A), substituted 
``Except as provided in section 1383(j) of this section, any 
individual'' for ``Any individual''.
    Subsec. (b). Pub. L. 99-643, Sec. 4(b)(1)-(4), substituted ``meets'' 
for ``continues to meet'' in former par. (1) and ``(including any 
federally administered State supplementary payments), benefits under 
subchapter XIX of this chapter, and publicly funded attendant care 
services (including personal care assistance),'' for ``and subchapter 
XIX of this chapter'' in former par. (4), redesignated former pars. (1) 
to (4) as subpars. (A) to (D), respectively, of par. (1), and 
substituted introductory provisions of such par. (1) for former 
undesignated introductory provisions which read as follows: ``For 
purposes of subchapter XIX of this chapter, any individual under age 65 
who, for the month preceding the first month in the period to which this 
subsection applies, received--
        ``(i) a payment of supplemental security income benefits under 
    section 1382(b) of this title on the basis of blindness or 
    disability,
        ``(ii) a supplementary payment under section 1382e of this title 
    or under section 212 of Public Law 93-66 on such basis,
        ``(iii) a payment of monthly benefits under subsection (a) of 
    this section, or
        ``(iv) a supplementary payment under section 1382e(c)(3) of this 
    title,
shall be considered to be a blind or disabled individual receiving 
supplemental security income benefits for so long as the Secretary 
determines under regulations that--''.
    Subsec. (b)(1). Pub. L. 99-643, Sec. 4(c)(2)(B), substituted 
``Except as provided in section 1383(j) of this title, for purposes of'' 
for ``For purposes of''.
    Subsec. (b)(2). Pub. L. 99-643, Sec. 4(b)(5), added par. (2).
    Subsec. (b)(3). Pub. L. 99-643, Sec. 7(a), added par. (3).
    1984--Subsec. (c). Pub. L. 98-460 added subsec. (c).
    1981--Subsec. (a). Pub. L. 97-35, Sec. 2353(o)(1), substituted in 
provision preceding par. (1) ``subchapter XIX of this chapter'' for 
``subchapters XIX and XX of this chapter''.
    Subsec. (b). Pub. L. 97-35, Sec. 2353(o), substituted in provision 
preceding cl. (i) and in par. (4) ``subchapter XIX of this chapter'' for 
``subchapters XIX and XX of this chapter'' and in par. (3) ``subchapter 
XIX of this chapter'' for ``subchapter XIX or XX of this chapter''.


                    Effective Date of 1994 Amendment

    Amendment by section 107(a)(1), (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 205(b) of Pub. L. 103-296 provided that: ``The amendment 
made by subsection (a) [amending this section] shall apply to 
eligibility determinations for months after December 1994.''


                    Effective Date of 1990 Amendment

    Section 5032(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].''
    Section 5039(c) of Pub. L. 101-508 provided that: ``The amendments 
made by this section [amending this section and section 1383 of this 
title] shall take effect on the date of the enactment of this Act [Nov. 
5, 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 1981 Amendment

    Amendment by Pub. L. 97-35 effective Oct. 1, 1981, except as 
otherwise explicitly provided, see section 2354 of Pub. L. 97-35, set 
out as an Effective Date note under section 1397 of this title.


                             Effective Date

    Section 201(d) of Pub. L. 96-265, as amended by Pub. L. 98-460, 
Sec. 14(a), Oct. 9, 1984, 98 Stat. 1808; Pub. L. 99-643, Sec. 2, Nov. 
10, 1986, 100 Stat. 3574, provided that: ``The amendments made by 
subsections (a) and (b) [enacting this section and amending section 
1382e of this title and provisions set out as a note under section 1382 
of this title] shall become effective on January 1, 1981.''
    [Section 10(a) of Pub. L. 99-643 provided that: ``The amendment made 
by section 2 [amending section 201(d) of Pub. L. 96-265, set out above] 
shall become effective on the date of the enactment of this Act [Nov. 
10, 1986].'']


   Separate Accounts With Respect to Benefits Payable; Evaluation of 
                                 Program

    Section 201(e) of Pub. L. 96-265 provided that: ``The Secretary 
shall provide for separate accounts with respect to the benefits payable 
by reason of the amendments made by subsections (a) and (b) [enacting 
this section and amending section 1382e of this title and provisions set 
out as a note under section 1382 of this title] so as to provide for 
evaluation of the effects of such amendments on the programs established 
by titles II, XVI, XIX, and XX of the Social Security Act [subchapters 
II, XVI, XIX, and XX of this chapter].''

                  Section Referred to in Other Sections

    This section is referred to in sections 1320b-19, 1320b-20, 1382, 
1382c, 1382d, 1382e, 1382i, 1383, 1396a, 1396d, 1396v of this title; 
title 29 section 1583.
