
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: 42USC422]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
  SUBCHAPTER II--FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE 
                                BENEFITS
 
Sec. 422. Rehabilitation services


(a), (b) Repealed. Pub. L. 106-170, title I, Sec. 101(b)(1)(B), (C), 
        Dec. 17, 1999, 113 Stat. 1873

(c) ``Period of trial work'' defined

    (1) The term ``period of trial work'', with respect to an individual 
entitled to benefits under section 423, 402(d), 402(e), or 402(f) of 
this title, means a period of months beginning and ending as provided in 
paragraphs (3) and (4).
    (2) For purposes of sections 416(i) and 423 of this title, any 
services rendered by an individual during a period of trial work shall 
be deemed not to have been rendered by such individual in determining 
whether his disability has ceased in a month during such period. For 
purposes of this subsection the term ``services'' means activity 
(whether legal or illegal) which is performed for remuneration or gain 
or is determined by the Commissioner of Social Security to be of a type 
normally performed for remuneration or gain.
    (3) A period of trial work for any individual shall begin with the 
month in which he becomes entitled to disability insurance benefits, or, 
in the case of an individual entitled to benefits under section 402(d) 
of this title who has attained the age of eighteen, with the month in 
which he becomes entitled to such benefits or the month in which he 
attains the age of eighteen, whichever is later, or, in the case of an 
individual entitled to widow's or widower's insurance benefits under 
section 402(e) or (f) of this title who became entitled to such benefits 
prior to attaining age 60, with the month in which such individual 
becomes so entitled. Notwithstanding the preceding sentence, no period 
of trial work may begin for any individual prior to the beginning of the 
month following September 1960; and no such period may begin for an 
individual in a period of disability of such individual in which he had 
a previous period of trial work.
    (4) A period of trial work for any individual shall end with the 
close of whichever of the following months is the earlier:
        (A) the ninth month, in any period of 60 consecutive months, in 
    which the individual renders services (whether or not such nine 
    months are consecutive); or
        (B) the month in which his disability (as defined in section 
    423(d) of this title) ceases (as determined after application of 
    paragraph (2) of this subsection).

(d) Cost of rehabilitation services from trust funds

    (1) For purposes of making vocational rehabilitation services more 
readily available to disabled individuals who are--
        (A) entitled to disability insurance benefits under section 423 
    of this title,
        (B) entitled to child's insurance benefits under section 402(d) 
    of this title after having attained age 18 (and are under a 
    disability),
        (C) entitled to widow's insurance benefits under section 402(e) 
    of this title prior to attaining age 60, or
        (D) entitled to widower's insurance benefits under section 
    402(f) of this title prior to attaining age 60,

to the end that savings will accrue to the Trust Funds as a result of 
rehabilitating such individuals, there are authorized to be transferred 
from the Federal Old-Age and Survivors Insurance Trust Fund and the 
Federal Disability Insurance Trust Fund each fiscal year such sums as 
may be necessary to enable the Commissioner of Social Security to 
reimburse the State for the reasonable and necessary costs of vocational 
rehabilitation services furnished such individuals (including services 
during their waiting periods), under a State plan for vocational 
rehabilitation services approved under title I of the Rehabilitation Act 
of 1973 [29 U.S.C. 720 et seq.], (i) in cases where the furnishing of 
such services results in the performance by such individuals of 
substantial gainful activity for a continuous period of nine months, 
(ii) in cases where such individuals receive benefits as a result of 
section 425(b) of this title (except that no reimbursement under this 
paragraph shall be made for services furnished to any individual 
receiving such benefits for any period after the close of such 
individual's ninth consecutive month of substantial gainful activity or 
the close of the month in which his or her entitlement to such benefits 
ceases, whichever first occurs), and (iii) in cases where such 
individuals, without good cause, refuse to continue to accept vocational 
rehabilitation services or fail to cooperate in such a manner as to 
preclude their successful rehabilitation. The determination that the 
vocational rehabilitation services contributed to the successful return 
of an individual to substantial gainful activity, the determination that 
an individual, without good cause, refused to continue to accept 
vocational rehabilitation services or failed to cooperate in such a 
manner as to preclude successful rehabilitation, and the determination 
of the amount of costs to be reimbursed under this subsection shall be 
made by the Commissioner of Social Security in accordance with criteria 
formulated by the Commissioner.
    (2) In the case of any State which is unwilling to participate or 
does not have a plan which meets the requirements of paragraph (1), the 
Commissioner of Social Security may provide such services in such State 
by agreement or contract with other public or private agencies, 
organizations, institutions, or individuals. The provision of such 
services shall be subject to the same conditions as otherwise apply 
under paragraph (1).
    (3) Payments under this subsection shall be made in advance or by 
way of reimbursement, with necessary adjustments for overpayments and 
underpayments.
    (4) Money paid from the Trust Funds under this subsection for the 
reimbursement of the costs of providing services to individuals who are 
entitled to benefits under section 423 of this title (including services 
during their waiting periods), or who are entitled to benefits under 
section 402(d) of this title on the basis of the wages and self-
employment income of such individuals, shall be charged to the Federal 
Disability Insurance Trust Fund, and all other money paid from the Trust 
Funds under this subsection shall be charged to the Federal Old-Age and 
Survivors Insurance Trust Fund. The Commissioner of Social Security 
shall determine according to such methods and procedures as the 
Commissioner may deem appropriate--
        (A) the total amount to be reimbursed for the cost of services 
    under this subsection, and
        (B) subject to the provisions of the preceding sentence, the 
    amount which should be charged to each of the Trust Funds.

    (5) For purposes of this subsection the term ``vocational 
rehabilitation services'' shall have the meaning assigned to it in title 
I of the Rehabilitation Act of 1973 [29 U.S.C. 720 et seq.], except that 
such services may be limited in type, scope, or amount in accordance 
with regulations of the Commissioner of Social Security designed to 
achieve the purpose of this subsection.

(e) Treatment referrals for individuals with alcoholism or drug 
        addiction condition

    In the case of any individual whose benefits under this subchapter 
are paid to a representative payee pursuant to section 405(j)(1)(B) of 
this title, the Commissioner of Social Security shall refer such 
individual to the appropriate State agency administering the State plan 
for substance abuse treatment services approved under subpart II of part 
B of title XIX of the Public Health Service Act (42 U.S.C. 300x-21 et 
seq.).

(Aug. 14, 1935, ch. 531, title II, Sec. 222, as added Sept. 1, 1954, ch. 
1206, title I, Sec. 106(g) 68 Stat. 1081; amended Aug. 1, 1956, ch. 836, 
title I, Sec. 103(b), 70 Stat. 817; Pub. L. 85-840, title II, 
Sec. 205(n), title III, Sec. 307(g), Aug. 28, 1958, 72 Stat. 1025, 1032; 
Pub. L. 86-778, title IV, Sec. 403(a), Sept. 13, 1960, 74 Stat. 968; 
Pub. L. 89-97, title III, Secs. 306(c)(14), 308(d)(11), 336, July 30, 
1965, 79 Stat. 373, 379, 408; Pub. L. 90-248, title I, Secs. 104(d)(3), 
(4), 158(c)(5), Jan. 2, 1968, 81 Stat. 832, 869; Pub. L. 92-603, title 
I, Secs. 107(b)(3), (4), 131, Oct. 30, 1972, 86 Stat. 1343, 1360; Pub. 
L. 96-265, title III, Sec. 303(a), June 9, 1980, 94 Stat. 451; Pub. L. 
97-35, title XXII, Sec. 2209(a), Aug. 13, 1981, 95 Stat. 840; Pub. L. 
98-21, title III, Sec. 309(l)-(n), Apr. 20, 1983, 97 Stat. 117; Pub. L. 
98-369, div. B, title VI, Sec. 2663(a)(15), July 18, 1984, 98 Stat. 
1165; Pub. L. 98-460, Sec. 11(a), Oct. 9, 1984, 98 Stat. 1805; Pub. L. 
101-508, title V, Sec. 5112(a), Nov. 5, 1990, 104 Stat. 1388-273; Pub. 
L. 103-296, title I, Sec. 107(a)(4), title II, Sec. 201(a)(4)(B), Aug. 
15, 1994, 108 Stat. 1478, 1499; Pub. L. 104-121, title I, 
Sec. 105(a)(3), Mar. 29, 1996, 110 Stat. 852; Pub. L. 106-170, title I, 
Sec. 101(b)(1)(B), (C), Dec. 17, 1999, 113 Stat. 1873.)

                       References in Text

    The Rehabilitation Act of 1973, referred to in subsec. (d)(1), (5), 
is Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended. Title I of 
the Rehabilitation Act of 1973 is classified generally to subchapter I 
(Sec. 720 et seq.) of chapter 16 of Title 29, Labor. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 701 of Title 29 and Tables.
    The Public Health Service Act, referred to in subsec. (e), is act 
July 1, 1944, ch. 373, 58 Stat. 682, as amended. Subpart II of part B of 
title XIX of the Act is classified generally to subpart II (Sec. 300x-21 
et seq.) of part B of subchapter XVII of chapter 6A of this title. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 201 of this title and Tables.


                               Amendments

    1999--Subsec. (a). Pub. L. 106-170, Sec. 101(b)(1)(B), struck out 
heading and text of subsec. (a). Text read as follows: ``It is declared 
to be the policy of the Congress that disabled individuals applying for 
a determination of disability, and disabled individuals who are entitled 
to child's insurance benefits, widow's insurance benefits, or widower's 
insurance benefits, shall be promptly referred to the State agency or 
agencies administering or supervising the administration of the State 
plan approved under title I of the Rehabilitation Act of 1973 for 
necessary vocational rehabilitation services, to the end that the 
maximum number of such individuals may be rehabilitated into productive 
activity.''
    Subsec. (b). Pub. L. 106-170, Sec. 101(b)(1)(C), struck out heading 
and text of subsec. (b), which authorized deductions from payments under 
this subchapter up to amount of benefits on account of refusal without 
good cause to accept rehabilitation services, and authorized deductions 
from payments to husbands, wives, or children of individuals who refuse 
to accept such services with exception for children between 18 and 22 
who are full-time students.
    1996--Subsec. (e). Pub. L. 104-121 added subsec. (e).
    1994--Subsec. (b)(1). Pub. L. 103-296, Sec. 107(a)(4), substituted 
``Commissioner of Social Security'' for ``Secretary''.
    Subsec. (c)(2). Pub. L. 103-296, Sec. 201(a)(4)(B), inserted 
``(whether legal or illegal)'' after ``activity''.
    Pub. L. 103-296, Sec. 107(a)(4), substituted ``Commissioner of 
Social Security'' for ``Secretary''.
    Subsec. (d)(1). Pub. L. 103-296, Sec. 107(a)(4), in closing 
provisions substituted ``Commissioner of Social Security to reimburse'' 
for ``Secretary to reimburse''.
    Pub. L. 103-296, Sec. 107(a)(4), which directed the amendment of 
this subchapter by substituting ``the Commissioner'' for ``him'' where 
such word referred to the Secretary of Health and Human Services, was 
executed in closing provisions by substituting ``the Commissioner'' for 
``him'' where referring to the Commissioner of Social Security, to 
reflect the probable intent of Congress.
    Subsec. (d)(4). Pub. L. 103-296, Sec. 107(a)(4), substituted 
``Commissioner of Social Security'' for ``Secretary'' and ``the 
Commissioner may'' for ``he may''.
    Subsec. (d)(5). Pub. L. 103-296, Sec. 107(a)(4), substituted 
``Commissioner of Social Security'' for ``Secretary''.
    1990--Subsec. (c)(4)(A). Pub. L. 101-508, Sec. 5112(a)(1), 
substituted ``in any period of 60 consecutive months'' for ``beginning 
on or after the first day of such period''.
    Subsec. (c)(5). Pub. L. 101-508, Sec. 5112(a)(2), struck out par. 
(5) which read as follows: ``In the case of an individual who becomes 
entitled to benefits under section 423 of this title for any month as 
provided in clause (ii) of subsection (a)(1) of such section, the 
preceding provisions of this subsection shall not apply with respect to 
services in any month beginning with the first month for which he is so 
entitled and ending with the first month thereafter for which he is not 
entitled to benefits under section 423 of this title.''
    1984--Subsecs. (a), (b)(1). Pub. L. 98-369, Sec. 2663(a)(15)(A), 
substituted ``title I of the Rehabilitation Act of 1973'' for ``the 
Vocational Rehabilitation Act''.
    Subsec. (b)(3). Pub. L. 98-369, Sec. 2663(a)(15)(B), substituted 
``equals'' for ``equal''.
    Subsec. (b)(4). Pub. L. 98-369, Sec. 2663(a)(15)(C), substituted 
``full-time elementary or secondary school student'' for ``full-time 
student''.
    Subsec. (d)(1). Pub. L. 98-460, Sec. 11(a), in provisions following 
subpar. (D) struck out ``into substantial gainful activity'' after 
``rehabilitating such individuals'', designated existing provisions as 
cl. (i), added cls. (ii) and (iii), and substituted ``of an individual 
to substantial gainful activity, the determination that an individual, 
without good cause, refused to continue to accept vocational 
rehabilitation services or failed to cooperate in such a manner as to 
preclude successful rehabilitation,'' for ``of such individuals to 
substantial gainful activity'' after cl. (iii).
    1983--Subsec. (b)(1). Pub. L. 98-21, Sec. 309(l), substituted ``, 
surviving divorced wife, or surviving divorced husband'' for ``or 
surviving divorced wife''.
    Subsec. (b)(2). Pub. L. 98-21, Sec. 309(m), inserted ``or father's'' 
after ``mother's'' wherever appearing.
    Subsec. (b)(3). Pub. L. 98-21, Sec. 309(n), inserted ``divorced 
husband,'' after ``husband,''.
    1981--Subsec. (d). Pub. L. 97-35 substituted provisions authorizing 
the transfer of funds as may be necessary to enable the Secretary to 
reimburse the State for the reasonable and necessary costs of vocational 
rehabilitation, under a State plan approved under title I of the 
Rehabilitation Act of 1973, which results in performance of substantial 
gainful activity for a continuous period of nine months, with the 
determination that the vocational rehabilitation services contributed to 
the successful return to substantial gainful activity and the amount of 
costs to be reimbursed made by the Commissioner of Social Security for 
provisions authorizing the transfer of funds as may be necessary to 
enable the Secretary to pay the cost of vocational rehabilitation 
services, restricting the amount of such cost that may be expended in 
any one fiscal year, establishing specific criteria which a State plan 
must meet, and providing that the selection of individuals to receive 
services be made in conformance with criteria formulated by the 
Secretary.
    1980--Subsec. (c)(1). Pub. L. 96-265, Sec. 303(a)(1), inserted 
references to sections 402(e) and 402(f) of this title.
    Subsec. (c)(3). Pub. L. 96-265, Sec. 303(a)(2), inserted reference 
to individuals entitled to widow's or widower's insurance benefits under 
section 402(e) or (f) of this title who became entitled to such benefits 
prior to attaining age 60.
    1972--Subsec. (b)(1). Pub. L. 92-603, Sec. 107(b)(3), substituted 
``a widow, widower or surviving divorced wife who has not attained age 
60'' or ``a widow or surviving divorced wife who has not attained age 
60, a widower who has not attained age 62''.
    Subsec. (d)(1). Pub. L. 92-603, Secs. 107(b)(4), 131, substituted 
``age 60'' for ``age 62'', and inserted provisions increasing applicable 
percentages so that the total amount made available pursuant to subsec. 
(d) may not exceed 1.25 percent, in fiscal year ending June 30, 1973, 
and 1.5 percent, in fiscal year ending June 30, 1974, and thereafter, of 
the total of the benefits under section 402(d) of this title for 
children who have attained age 18 and are under a disability.
    1968--Subsec. (a). Pub. L. 90-248, Sec. 104(d)(3)(A), inserted 
``widow's insurance benefits, or widower's insurance benefits,'' after 
``benefits,''.
    Subsec. (b)(1). Pub. L. 90-248, Sec. 104(d)(3)(B), substituted 
``child's insurance benefits, a widow or surviving divorced wife who has 
not attained age 60, a widower who has not attained age 62, or'' for 
``child's insurance benefits or if''.
    Subsec. (c)(4)(B). Pub. L. 90-248, Sec. 158(c)(5), substituted 
reference to ``423(d)'' for ``423(c)(2)''.
    Subsec. (d)(1). Pub. L. 90-248, Sec. 104(d)(4), added subpars. (C) 
and (D), and inserted ``the benefits under section 402(e) of this title 
for widows and surviving divorced wives who have not attained age 60 and 
are under a disability, the benefits under section 402(f) of this title 
for widowers who have not attained age 62,'' after ``disability,'' in 
text following subpar. (D).
    1965--Subsec. (b)(3). Pub. L. 89-97, Sec. 308(d)(11), inserted 
``divorced wife,'' after ``wife,''.
    Subsec. (b)(4). Pub. L. 89-97, Sec. 306(c)(14), added par. (4).
    Subsec. (d). Pub. L. 89-97, Sec. 336, added subsec. (d).
    1960--Subsec. (c). Pub. L. 86-778 amended subsection generally by 
substituting provisions relating to period of trial work for provisions 
which related to services performed pursuant to a State-approved 
rehabilitation program.
    1958--Subsec. (b). Pub. L. 85-840 designated existing provisions 
thereof as par. (1) and added pars. (2) and (3).
    1956--Subsec. (a). Act Aug. 1, 1956, designated existing provisions 
as subsec. (a), authorized referral of disabled individuals who are 
entitled to child's insurance benefits, and substituted ``rehabilitated 
into productive activity'' for ``restored to productive activity''.
    Subsecs. (b), (c). Act Aug. 1, 1956, added subsecs. (b) and (c).


                    Effective Date of 1999 Amendment

    Amendment by 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.


                    Effective Date of 1996 Amendment

    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 entitlement to benefits is based upon an 
entitlement redetermination made pursuant to section 105(a)(5)(C) of 
Pub. L. 104-121, see section 105(a)(5) of Pub. L. 104-121, as amended, 
set out as a note under section 405 of this title.


                    Effective Date of 1994 Amendment

    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(a)(4)(C) of Pub. L. 103-296 provided that: ``The 
amendments made by this paragraph [amending this section and section 423 
of this title] shall take effect on the date of the enactment of this 
Act [Aug. 15, 1994].''


                    Effective Date of 1990 Amendment

    Section 5112(b) of Pub. L. 101-508 provided that: ``The amendments 
made by subsection (a) [amending this section] shall take effect on 
January 1, 1992.''


                    Effective Date of 1984 Amendments

    Section 11(c) of Pub. L. 98-460 provided that: ``The amendments made 
by this section [amending this section and section 1382d of this title] 
shall apply with respect to individuals who receive benefits as a result 
of section 225(b) or section 1631(a)(6) of the Social Security Act 
[section 425(b) or 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 
the month in which this Act is enacted [October 1984].''
    Amendment by Pub. L. 98-369 effective July 18, 1984, but not to be 
construed as changing or affecting any right, liability, status, or 
interpretation which existed (under the provisions of law involved) 
before that date, see section 2664(b) of Pub. L. 98-369, set out as a 
note under section 401 of this title.


                    Effective Date of 1983 Amendment

    Amendment by Pub. L. 98-21 applicable only with respect to monthly 
payments payable under this subchapter for months after April, 1983, see 
section 310 of Pub. L. 98-21, set out as a note under section 402 of 
this title.


                    Effective Date of 1981 Amendment

    Section 2209(b) of Pub. L. 97-35 provided that: ``The amendment made 
by subsection (a) [amending this section] shall apply with respect to 
services rendered on or after October 1, 1981.''


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-265 effective on first day of sixth month 
which begins after June 9, 1980, and applicable to any individual whose 
disability has not been determined to have ceased prior to such first 
day, see section 303(d) of Pub. L. 96-265, set out as a note under 
section 402 of this title.


                    Effective Date of 1972 Amendment

    Amendment by Pub. L. 92-603 applicable with respect to monthly 
benefits under this subchapter for months after Dec. 1972, with 
specified exceptions, see section 107(c) of Pub. L. 92-603, set out as a 
note under section 402 of this title.


                    Effective Date of 1968 Amendment

    Amendment by section 104(d)(3), (4) of Pub. L. 90-248 applicable 
with respect to monthly benefits under this subchapter for and after the 
month of February 1968, but only on the basis of applications for such 
benefits filed in or after January 1968, see section 104(e) of Pub. L. 
90-248, set out as a note under section 402 of this title.
    Amendment by section 158(c)(5) of Pub. L. 90-248 applicable with 
respect to applications for disability insurance benefits under section 
423 of this title and to disability determinations under section 416(i) 
of this title, see section 158(e) of Pub. L. 90-248, set out as a note 
under section 423 of this title.


                    Effective Date of 1965 Amendment

    Amendment by section 308(d)(11) of Pub. L. 89-97 applicable with 
respect to monthly insurance benefits under this subchapter beginning 
with the second month following July 1965, but, in the case of an 
individual who was not entitled to a monthly insurance benefit under 
section 402 of this title for the first month following July 1965, only 
on the basis of an application filed in or after July 1965, see section 
308(e) of Pub. L. 89-97, set out as a note under section 402 of this 
title.


                    Effective Date of 1960 Amendment

    Section 403(e) of Pub. L. 86-778 provided that:
    ``(1) The amendment made by subsection (a) [amending this section] 
shall be effective only with respect to months beginning after the month 
in which this Act is enacted [September 1960].
    ``(2) The amendments made by subsections (b) and (d) [amending 
sections 423 and 402 of this title] shall apply only with respect to 
benefits under section 223(a) or 202(d) of the Social Security Act 
[section 423(a) or 402(d) of this title] for months after the month in 
which this Act is enacted in the case of individuals who, without regard 
to such amendments, would have been entitled to such benefits for the 
month in which this Act is enacted or for any succeeding month.
    ``(3) The amendment made by subsection (c) [amending section 416 of 
this title] shall apply only in the case of individuals who have a 
period of disability (as defined in section 216(i) of the Social 
Security Act [section 416(i) of this title]) beginning on or after the 
date of the enactment of this Act [Sept. 13, 1960], or beginning before 
such date and continuing, without regard to such amendment, beyond the 
end of the month in which this Act is enacted.''


                    Effective Date of 1958 Amendment

    Amendment by section 205(n) of Pub. L. 85-840 applicable with 
respect to monthly benefits under this subchapter for months after 
August 1958, but only if an application for such benefits is filed on or 
after August 28, 1958, see section 207(a) of Pub. L. 85-840, set out as 
a note under section 416 of this title.
    Section 307(h)(3) of Pub. L. 85-840 provided that: ``The amendments 
made by subsection (g) [amending this section] shall apply with respect 
to monthly benefits under section 202 of the Social Security Act 
[section 402 of this title] for months, occurring after the month in 
which this Act is enacted [August 1958], in which a deduction is 
incurred under paragraph (1) of section 222(b) of the Social Security 
Act [subsec. (b)(1) of this section].''

                  Section Referred to in Other Sections

    This section is referred to in sections 402, 403, 423, 424a, 426, 
434, 1320b-19, 1382d of this title; title 20 section 3441; title 26 
sections 1402, 3127; title 29 section 762a.
