
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC425]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
  SUBCHAPTER II--FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE 
                                BENEFITS
 
Sec. 425. Additional rules relating to benefits based on 
        disability
        

(a) Suspension of benefits

    If the Commissioner of Social Security, on the basis of information 
obtained by or submitted to the Commissioner, believes that an 
individual entitled to benefits under section 423 of this title, or that 
a child who has attained the age of eighteen and is entitled to benefits 
under section 402(d) of this title, or that a widow or surviving 
divorced wife who has not attained age 60 and is entitled to benefits 
under section 402(e) of this title, or that a widower or surviving 
divorced husband who has not attained age 60 and is entitled to benefits 
under section 402(f) of this title, may have ceased to be under a 
disability, the Commissioner of Social Security may suspend the payment 
of benefits under such section 402(d), 402(e), 402(f), or 423 of this 
title until it is determined (as provided in section 421 of this title) 
whether or not such individual's disability has ceased or until the 
Commissioner of Social Security believes that such disability has not 
ceased. In the case of any individual whose disability is subject to 
determination under an agreement with a State under section 421(b) of 
this title, the Commissioner of Social Security shall promptly notify 
the appropriate State of the Commissioner's action under this subsection 
and shall request a prompt determination of whether such individual's 
disability has ceased. For purposes of this subsection, the term 
``disability'' has the meaning assigned to such term in section 423(d) 
of this title. Whenever the benefits of an individual entitled to a 
disability insurance benefit are suspended for any month, the benefits 
of any individual entitled thereto under subsection (b), (c), or (d) of 
section 402 of this title, on the basis of the wages and self-employment 
income of such individual, shall be suspended for such month. The first 
sentence of this subsection shall not apply to any child entitled to 
benefits under section 402(d) of this title, if he has attained the age 
of 18 but has not attained the age of 22, for any month during which he 
is a full-time student (as defined and determined under section 402(d) 
of this title).

(b) Continued payments during rehabilitation program

    Notwithstanding any other provision of this subchapter, payment to 
an individual of benefits based on disability (as described in the first 
sentence of subsection (a) of this section) shall not be terminated or 
suspended because the physical or mental impairment, on which the 
individual's entitlement to such benefits is based, has or may have 
ceased, if--
        (1) 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
        (2) 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 disability benefit rolls.

(Aug. 14, 1935, ch. 531, title II, Sec. 225, as added Aug. 1, 1956, ch. 
836, title I, Sec. 103(a), 70 Stat. 817; amended Pub. L. 85-840, title 
II, Sec. 205(o), Aug. 28, 1958, 72 Stat. 1025; Pub. L. 89-97, title III, 
Sec. 306(c)(15), July 30, 1965, 79 Stat. 373; Pub. L. 90-248, title I, 
Secs. 104(d)(5), 158(c)(9), Jan. 2, 1968, 81 Stat. 833, 869; Pub. L. 92-
603, title I, Sec. 107(b)(5), Oct. 30, 1972, 86 Stat. 1343; Pub. L. 96-
265, title III, Sec. 301(a), June 9, 1980, 94 Stat. 449; Pub. L. 98-21, 
title III, Sec. 309(p), Apr. 20, 1983, 97 Stat. 117; Pub. L. 101-508, 
title V, Sec. 5113(a), Nov. 5, 1990, 104 Stat. 1388-273; Pub. L. 103-
296, title I, Sec. 107(a)(4), title II, Sec. 201(a)(3)(A), Aug. 15, 
1994, 108 Stat. 1478, 1494; Pub. L. 104-121, title I, Sec. 105(a)(4), 
Mar. 29, 1996, 110 Stat. 853; Pub. L. 106-170, title I, 
Sec. 101(b)(1)(D), Dec. 17, 1999, 113 Stat. 1873.)


                               Amendments

    1999--Subsec. (b)(1). Pub. L. 106-170 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''.
    1996--Subsec. (c). Pub. L. 104-121 struck out subsec. (c) which 
related to nonpayment or termination of benefits where entitlement 
involved alcoholism or drug addiction.
    1994--Pub. L. 103-296, Sec. 201(a)(3)(A)(i), amended section 
catchline.
    Subsec. (a). Pub. L. 103-296, Sec. 201(a)(3)(A)(i), inserted 
heading.
    Pub. L. 103-296, Sec. 107(a)(4), substituted ``Commissioner of 
Social Security'' for ``Secretary'' wherever appearing, ``to the 
Commissioner'' for ``to him'', and ``the Commissioner's'' for ``his''.
    Subsec. (b). Pub. L. 103-296, Sec. 201(a)(3)(A)(ii), inserted 
heading.
    Pub. L. 103-296, Sec. 107(a)(4), substituted ``Commissioner of 
Social Security'' for ``Secretary'' in pars. (1) and (2).
    Subsec. (c). Pub. L. 103-296, Sec. 201(a)(3)(A)(iii), added subsec. 
(c).
    Pub. L. 103-296, Sec. 107(a)(4), in subsec. (c) as added by Pub. L. 
103-296, Sec. 201(a)(3)(A)(iii), substituted ``Commissioner of Social 
Security'' for ``Secretary'' wherever appearing and ``Commissioner's'' 
for ``Secretary's'' wherever appearing.
    1990--Subsec. (b)(1). Pub. L. 101-508, Sec. 5113(a)(1), added par. 
(1) and struck out former par. (1) 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. (b)(2). Pub. L. 101-508, Sec. 5113(a)(2), substituted 
``Secretary'' for ``Commissioner of Social Security''.
    1983--Subsec. (a). Pub. L. 98-21 inserted ``or surviving divorced 
husband'' after ``widower''.
    1980--Pub. L. 96-265 designated existing provisions as subsec. (a), 
made conforming amendments in subsec. (a) as so designated, and added 
subsec. (b).
    1972--Pub. L. 92-603 substituted ``age 60'' for ``age 62''.
    1968--Pub. L. 90-248 in first sentence inserted ``or that a widow or 
surviving divorced wife who has not attained age 60 and is entitled to 
benefits under section 402(e) of this title, or that a widower who has 
not attained age 62 and is entitled to benefits under section 402(f) of 
this title,'' after ``section 402(d) of this title,'' and substituted 
``402(d), 402(e), 402(f), or 423'' for ``423 or 402(d)'', and 
substituted in third sentence reference to ``423(d)'' for ``423(c)(2)''.
    1965--Pub. L. 89-97 inserted ``The first sentence of this section 
shall not apply to any child entitled to benefits under section 402(d) 
of this title, if he has attained the age of 18 but has not attained the 
age of 22, for any month during which he is a full-time student (as 
defined and determined under section 402(d) of this title).''
    1958--Pub. L. 85-840 provided that whenever the benefits of an 
individual entitled to a disability insurance benefit are suspended for 
any month, the benefits of any individual entitled thereto under 
subsection (b), (c), or (d) of section 402 of this title, on the basis 
of the wages and self-employment income of such individual, shall be 
suspended for such month.


                    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 applicable to any individual who 
applies for, or whose claim is finally adjudicated with respect to, 
benefits under this subchapter based on disability on or after Mar. 29, 
1996, with special rule for any individual who applied, and whose claim 
has been finally adjudicated, before Mar. 29, 1996, see section 
105(a)(5) of Pub. L. 104-121, set out as a note under section 405 of 
this title.


           Effective Date of 1994 Amendment; Sunset Provision

    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)(3)(C), (E) of Pub. L. 103-296 provided that:
    ``(C) Sunset of 36-month rule.--Section 225(c)(7) of the Social 
Security Act [subsec. (c)(7) of this section] (added by subparagraph 
(A)) shall cease to be effective with respect to benefits for months 
after September 2004.
    ``(E) Effective date.--
        ``(i) In general.--Except as otherwise provided in this 
    paragraph, the amendments made by this paragraph [amending this 
    section and sections 426 and 426-1 of this title] shall apply with 
    respect to benefits based on disability (as defined in section 
    225(c)(9) of the Social Security Act [subsec. (c)(9) of this 
    section], added by this section) which are otherwise payable in 
    months beginning after 180 days after the date of the enactment of 
    this Act [Aug. 15, 1994]. The Secretary of Health and Human Services 
    shall issue regulations necessary to carry out the amendments made 
    by this paragraph not later than 180 days after the date of the 
    enactment of this Act.
        ``(ii) Referral and monitoring agencies.--Section 225(c)(5) of 
    the Social Security Act [subsec. (c)(5) of this section] (added by 
    this subsection) shall take effect 180 days after the date of the 
    enactment of this Act.
        ``(iii) Termination after 36 months.--Section 225(c)(7) of the 
    Social Security Act [subsec. (c)(7) of this section] (added by this 
    subsection) shall apply with respect to benefits based on disability 
    (as so defined) for months beginning after 180 days after the date 
    of the enactment of this Act.''


                    Effective Date of 1990 Amendment

    Section 5113(c) of Pub. L. 101-508 provided that: ``The amendments 
made by this section [amending this section and section 1383 of this 
title] shall be effective with respect to benefits payable for months 
after the eleventh month following the month in which this Act is 
enacted [November 1990] and shall apply only with respect to individuals 
whose blindness or disability has or may have ceased after such eleventh 
month.''


                    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 1980 Amendment

    Section 301(c) of Pub. L. 96-265 provided that: ``The amendments 
made by this section [amending this section and section 1383 of this 
title] shall become effective on the first day of the sixth month which 
begins after the date of the enactment of this Act [June 9, 1980], and 
shall apply with respect to individuals whose disability has not been 
determined to have ceased prior to such first day.''


                    Effective Date of 1972 Amendment

    Amendment by Pub. L. 92-603 applicable with respect to monthly 
benefits under this subchapter for months after December 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)(5) 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)(9) 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 1958 Amendment

    Amendment by section 205(o) 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 Aug. 28, 1958, see section 207(a) of Pub. L. 85-840, set out as a 
note under section 416 of this title.


                             Effective Date

    Section applicable only with respect to monthly benefits under this 
subchapter for months after June 1957, see section 103(a) of act Aug. 1, 
1956, set out as a note under section 423 of this title.


  Report on Referral, Monitoring, Testing and Treatment of Individuals 
 Where Entitlement to or Termination of Benefits Involves Alcoholism or 
                             Drug Addiction

    Section 201(a)(3)(B) of Pub. L. 103-296 provided that not later than 
Dec. 31, 1996, the Secretary was to submit to Congress a full and 
complete report on the Secretary's activities under former subsec. 
(c)(5) of this section, which was to include the number and percentage 
of individuals referred to in such provision who had not received 
regular drug testing since the effective date of such provision, prior 
to repeal by Pub. L. 105-33, title V, Sec. 5525(c), Aug. 5, 1997, 111 
Stat. 625.


               Transition Rules for Current Beneficiaries

    Section 201(a)(3)(F) of Pub. L. 103-296 provided that: ``In any case 
in which an individual is entitled to benefits based on disability, the 
determination of disability was made by the Secretary of Health and 
Human Services during or before the 180-day period following the date of 
the enactment of this Act [Aug. 15, 1994], and alcoholism or drug 
addiction is a contributing factor material to the Secretary's 
determination that the individual is under a disability--
        ``(i) Treatment requirement.--Paragraphs (1) through (4) of 
    section 225(c) of the Social Security Act [subsec. (c)(1) to (4) of 
    this section] (added by this subsection) shall apply only with 
    respect to benefits paid in months after the month in which such 
    individual is notified by the Secretary in writing that alcoholism 
    or drug addiction is a contributing factor material to the 
    Secretary's determination and that such individual is therefore 
    required to comply with the provisions of section 225(c) of such 
    Act.
        ``(ii) Termination after 36 months.--
            ``(I) In general.--For purposes of section 225(c)(7) of the 
        Social Security Act [subsec. (c)(7) of this section] (added by 
        this subsection), the first month of entitlement beginning after 
        180 days after the date of the enactment of this Act [Aug. 15, 
        1994] shall be treated as the individual's first month of 
        entitlement to such benefits.
            ``(II) Concurrent beneficiaries currently under treatment.--
        In any case in which the individual is also entitled to benefits 
        under title XVI [subchapter XVI of this chapter] and, as of 180 
        days after the date of the enactment of this Act, such 
        individual is undergoing treatment required under section 
        1611(e)(3) of the Social Security Act [section 1382(e)(3) of 
        this title] (as in effect immediately before the date of the 
        enactment of this Act), the Secretary of Health and Human 
        Services shall notify such individual of the provisions of 
        section 225(c)(7) of the Social Security Act (added by this 
        subsection) not later than 180 days after the date of the 
        enactment of this Act.
            ``(III) Concurrent beneficiaries not currently under 
        treatment.--In any case in which the individual is also entitled 
        to benefits under title XVI but, as of 180 days after the date 
        of the enactment of this Act, such individual is not undergoing 
        treatment described in subclause (II), section 225(c)(7) (added 
        by this subsection) shall apply only with respect to benefits 
        for months after the month in which treatment required under 
        section 1611(e)(3) of the Social Security Act (as amended by 
        subsection (b)) is available, as determined under regulations of 
        the Secretary of Health and Human Services, and the Secretary 
        notifies such individual of the availability of such treatment 
        and describes in such notification the provisions of section 
        225(c)(7) of the Social Security Act (added by this 
        subsection).''


 Demonstration Projects Relating to Referral, Monitoring, and Treatment 
                     for Alcoholics or Drug Addicts

    Section 201(c) of Pub. L. 103-296 related to demonstration projects 
relating to referral, monitoring, and treatment for alcoholics or drug 
addicts, prior to repeal by Pub. L. 104-121, title I, Sec. 105(c), Mar. 
29, 1996, 110 Stat. 855.


               Payment of Costs of Rehabilitation Services

    Amendment of 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 416, 422, 426, 426-1 of this 
title.
