H.R. 2895 (103rd): Social Security Disability Review Standards Act of 1993

103rd Congress, 1993–1994. Text as of Aug 05, 1993 (Introduced).

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HR 2895 IH

103d CONGRESS

1st Session

H. R. 2895

To amend the Social Security Act to provide for timely review of disability claims and to provide for presumed disability in cases of delayed disposition of such claims.

IN THE HOUSE OF REPRESENTATIVES

August 5, 1993

Mr. NEAL of North Carolina introduced the following bill; which was referred to the Committee on Ways and Means


A BILL

To amend the Social Security Act to provide for timely review of disability claims and to provide for presumed disability in cases of delayed disposition of such claims.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Social Security Disability Review Standards Act of 1993’.

SEC. 2. REQUIREMENT OF FACE-TO-FACE MEETING IN DISABILITY DETERMINATIONS.

    Section 221(h) of the Social Security Act (42 U.S.C. 421(h)) is amended--

      (1) by redesignating such subsection as subsection (h)(2); and

      (2) by adding at the beginning of such subsection the following new paragraph:

    ‘(h)(1) Any initial determination under subsection (a) or (g) that an individual applying for benefits under this title is not under a disability shall be made only after such individual has been provided a reasonable opportunity for a face-to-face meeting with a disability examiner who is authorized under this section to make disability determinations pursuant to such individual’s application.’.

SEC. 3. STANDARDS FOR TIMELY REVIEW OF DISABILITY CLAIMS.

    Section 221(k) of the Social Security Act (42 U.S.C. 421(k)) is amended by adding at the end the following new paragraph:

    ‘(3) The Secretary shall take such actions as are necessary to ensure that, to the maximum extent practicable--

      ‘(A) an initial determination of whether an individual who has applied for disability insurance benefits under section 223 or benefits under section 202 based on such individual’s disability is under a disability shall be made not later than 30 days after the date on which such application is filed,

      ‘(B) in any case in which, pursuant to the application, an initial determination is made that the individual is not under a disability and the individual does not fail to timely request reconsideration of such determination, a determination on reconsideration of whether the individual is under a disability shall be made not later than 90 days after the date on which such application is filed, and

      ‘(C) in any case in which, on reconsideration, a determination is made that the individual is not under a disability and the individual does not fail to timely request a hearing under subsection (d) on such determination, a determination of whether the individual is under a disability shall be made pursuant to such a hearing not later than 150 days after the date on which such application is filed.’.

SEC. 4. PRESUMED DISABILITY IN ABSENCE OF TIMELY DISABILITY DETERMINATIONS.

    (a) PRESUMED DISABILITY UNDER TITLE II OF THE SOCIAL SECURITY ACT- Section 221 of the Social Security Act (42 U.S.C. 421) is amended by adding at the end the following new subsection:

‘Presumptive Disability

    ‘(m)(1) In any case in which--

      ‘(A) an individual applying for benefits under section 223 or benefits based on such individual’s disability under section 202 meets the requirements for entitlement to such benefits other than the requirement that the individual be under a disability,

      ‘(B) as of 150 days after the date on which the individual filed the application for such benefits, a final determination of whether the individual is under a disability has not been made, and

      ‘(C) the individual has in a timely manner taken such actions as are necessary to preserve such individual’s rights to administrative review under this title,

    such individual shall be presumed to be under a disability for each month during the period of months beginning with the first month after the expiration of such 150-day period and ending with the month in which action is taken to implement a final determination of whether the individual is under a disability.

    ‘(2) Any benefits paid to an individual under this title on the basis of presumed disability under this subsection for months during the period of months described in paragraph (1), and benefits paid to another person under this title for such months on the basis of such presumed disability, shall in no event be considered overpayments for purposes of section 204 solely because such individual is determined not to be under a disability.’.

    (b) PRESUMED BLINDNESS OR DISABILITY UNDER TITLE XVI OF THE SOCIAL SECURITY ACT- Section 1631(a) of such Act (42 U.S.C. 1383(a)) is amended by adding at the end the following new paragraph:

    ‘(10)(A) In any case in which--

      ‘(i) an individual applying for benefits under this title meets the requirements for entitlement to such benefits other than the requirement that the individual be blind or disabled,

      ‘(ii) as of 150 days after the date on which the individual filed the application for such benefits, a final determination of whether the individual is blind or disabled has not been made, and

      ‘(iii) the individual has taken such actions as are necessary to preserve such individual’s rights to administrative review under this section,

    such individual shall be presumed to be blind or disabled for each month during the period of months beginning with the first month after the expiration of such 150-day period and ending with the month in which action is taken to implement a final determination of whether the individual is blind or disabled.’.

SEC. 5. EFFECTIVE DATE; STUDY OF STAFF NEEDS.

    (a) EFFECTIVE DATE- The amendments made by this Act shall apply with respect to applications for benefits under title II or XVI of the Social Security Act filed after 180 days after the date of the enactment of this Act.

    (b) STUDY OF STAFF NEEDS-

      (1) IN GENERAL- As soon as practicable after the date of the enactment of this Act, the Secretary of Health and Human Services shall conduct a study of any additional staff needs required to implement the amendments made by this Act.

      (2) REPORT- Not later than 30 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate the results of the study conducted under paragraph (1), together with any recommendations which the Secretary finds appropriate.