
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1383]

 
                 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
 
Sec. 1383. Procedure for payment of benefits


(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.
    (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; and
        (IV) 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)(IV), 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)(IV) 
    of this title; or
        (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 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 community-based nonprofit social service agency licensed 
    or bonded by the State;
        (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.

    (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.
    (D)(i) 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)).

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 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 with any applicable regulations of the 
    Commissioner of Social Security--
            (aa) 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
            (bb) 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)(bb) 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. 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) 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) The Commissioner of Social Security shall include as a part of 
the annual report required under section 904 \1\ of this title 
information with respect to the implementation of the preceding 
provisions of this paragraph, including--
---------------------------------------------------------------------------
    \1\ See References in Text note below.
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        (i) the number of cases in which the representative payee was 
    changed;
        (ii) the number of cases discovered where there has been a 
    misuse of funds;
        (iii) how any such cases were dealt with by the Commissioner of 
    Social Security;
        (iv) the final disposition of such cases (including any criminal 
    penalties imposed); and
        (v) such other information as the Commissioner of Social 
    Security determines to be appropriate.

    (H) 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 \1\ 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.
    (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) equals or exceeds the product of--
        (i) 12, 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) 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 any other 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 50 percent of 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 recovery of benefits incorrectly 
paid under this subchapter from benefits payable under subchapter II of 
this chapter, 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(a) of this title (other than 
paragraph (4) thereof) shall apply to this part to the same extent as 
they apply in the case of subchapter II of this chapter, except that 
paragraph (2) thereof shall be applied--
        (i) by substituting, in subparagraphs (A)(ii)(I) and (C)(i), 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; and
        (ii) 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''.

    (B) 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,

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.

(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.)

                       References in Text

    Section 904 of this title, referred to in subsec. (a)(2)(G), (H), 
was amended generally by Pub. L. 103-296, title I, Sec. 104(a), Aug. 15, 
1994, 108 Stat. 1470, and, as so amended, does not require an annual 
report.
    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.
    The Internal Revenue Code of 1986, referred to in subsec. 
(e)(1)(B)(i), is classified generally to Title 26, Internal Revenue 
Code.
    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

    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 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].''


                       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.
    ``(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.''

                  Section Referred to in Other Sections

    This section is referred to in sections 290cc-22, 405, 909, 1007, 
1306a, 1318, 1319, 1320a-8, 1382, 1382a, 1382b, 1382c, 1382d, 1382h, 
1382j, 1383a, 1383e, 1396a of this title; title 31 sections 3701, 3716.
