Social Security Disability Insurance Return to Work Act

I 116TH CONGRESS 1ST SESSION H. R. 3566 To help individuals receiving disability insurance benefits under title II of the Social Security Act obtain rehabilitative services and return to the workforce, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 27, 2019 Mr. HILL of Arkansas (for himself, Mr. ROUZER, Mr. FLORES, Mr. ALLEN, and Mr. DAVIDSON of Ohio) introduced the following bill; which was re- ferred to the Committee on Ways and Means A BILL To help individuals receiving disability insurance benefits under title II of the Social Security Act obtain rehabilita- tive services and return to the workforce, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Social Security Disability Insurance Return to Work 5 Act’’. 6 (b) TABLE OF CONTENTS.—The table of contents for 7 this Act is as follows: 8 VerDate Sep 11 2014 00:16 Jul 11, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3566.IH H3566 lotter on DSKBCFDHB2PROD with BILLS 2 •HR 3566 IH Sec. 1. Short title; table of contents. Sec. 2. Revising disability classifications. Sec. 3. Requiring periodic continuing disability reviews for certain beneficiaries. Sec. 4. Regulations related to disability classifications and CDRs. Sec. 5. Time-limiting disability benefits for MIE and MIL individuals. Sec. 6. Encouraging work by MIE and MIL individuals. Sec. 7. Increased funding for continuing disability reviews. SEC. 2. REVISING DISABILITY CLASSIFICATIONS. 1 Section 221 of the Social Security Act (42 U.S.C. 2 421) is amended by adding at the end the following new 3 subsection: 4 ‘‘(n)(1) Not later than 1 year after the date of the 5 enactment of this subsection, the Commissioner of Social 6 Security shall establish a system for classifying any indi- 7 vidual who is determined to be entitled to disability insur- 8 ance benefits under this title or to monthly benefits under 9 section 202 by reason of being under a disability in the 10 following manner: 11 ‘‘(A) An individual shall be classified as ‘med- 12 ical improvement expected’ if the impairment or 13 combination of impairments causing the individual 14 to be disabled is expected to medically improve to 15 the point where the individual will no longer be dis- 16 abled in 12 to 24 months. 17 ‘‘(B) An individual shall be classified as ‘med- 18 ical improvement likely’ if the impairment or com- 19 bination of impairments causing the individual to be 20 disabled is expected to medically improve to the 21 VerDate Sep 11 2014 00:16 Jul 11, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3566.IH H3566 lotter on DSKBCFDHB2PROD with BILLS 3 •HR 3566 IH point where the individual will no longer be disabled 1 in 25 months to 60 months. 2 ‘‘(C) An individual shall be classified as ‘med- 3 ical improvement possible’ if the impairment or com- 4 bination of impairments causing the individual to be 5 disabled is not expected to medically improve to the 6 point where the individual will no longer be disabled 7 in 60 months, but future improvement is possible. 8 ‘‘(D) An individual shall be classified as ‘med- 9 ical improvement not expected’ if the individual has 10 an impairment or combination of impairments that 11 is chronic or progressive with permanent, irreversible 12 structural or functional loss, and for which there is 13 no known effective therapy, treatment, or surgical 14 intervention that could result in medical improve- 15 ment to the point where the individual is no longer 16 disabled. 17 ‘‘(2) In classifying an individual under the system es- 18 tablished under this subsection, the Commissioner of So- 19 cial Security shall not classify an individual as ‘medical 20 improvement not expected’ solely by reason of such indi- 21 vidual’s age where a lesser classification is appropriate. 22 ‘‘(3) Notwithstanding section 205(b)(1) or subsection 23 (c)(1) or (d) of this section, there shall be no review of, 24 VerDate Sep 11 2014 00:16 Jul 11, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3566.IH H3566 lotter on DSKBCFDHB2PROD with BILLS 4 •HR 3566 IH or right to appeal, a classification made under the system 1 established under this subsection.’’. 2 SEC. 3. REQUIRING PERIODIC CONTINUING DISABILITY RE- 3 VIEWS FOR CERTAIN BENEFICIARIES. 4 (a) IN GENERAL.—Section 221(i) of the Social Secu- 5 rity Act (42 U.S.C. 421(i)) is amended— 6 (1) by amending paragraph (1) to read as fol- 7 lows: 8 ‘‘(1)(A) In the case of any individual who has not 9 attained age 63, is determined to be under a disability, 10 and is classified as ‘medical improvement possible’ or 11 ‘medical improvement not expected’, the applicable State 12 agency or the Commissioner of Social Security (as may 13 be appropriate) shall, for purposes of determining such in- 14 dividual’s continuing disability— 15 ‘‘(i) if the individual is classified as ‘medical im- 16 provement possible’, conduct a review to determine 17 whether the individual remains under a disability 18 during the 5th year following the first month after 19 the individual’s waiting period (as defined in section 20 223(c)(2)); and 21 ‘‘(ii) if the individual is classified as ‘medical 22 improvement not expected’, conduct a review to de- 23 termine whether the individual remains under a dis- 24 ability during the 10th year following the first 25 VerDate Sep 11 2014 00:16 Jul 11, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3566.IH H3566 lotter on DSKBCFDHB2PROD with BILLS 5 •HR 3566 IH month after the individual’s waiting period (as so 1 defined). 2 ‘‘(B) In addition to the continuing disability reviews 3 required under subparagraph (A) and notwithstanding 4 how an individual is classified under the system estab- 5 lished by the Commissioner of Social Security under sub- 6 section (n), if the Commissioner has reason to believe that 7 an individual that has been determined to be under a dis- 8 ability is not under a disability, the Commissioner may 9 review such individual’s case at such time and in such 10 manner as the Commissioner determines appropriate ex- 11 cept that the Commissioner shall not initiate a review on 12 the basis of income earned by an individual who is a par- 13 ticipant in the process established under section 223(l). 14 ‘‘(C) Reviews of cases which are required or per- 15 mitted under this paragraph shall be in addition to, and 16 shall not be considered as a substitute for, any other re- 17 views which are required or provided for under or in the 18 administration of this title.’’; 19 (2) by striking paragraph (2); and 20 (3) by redesignating paragraphs (3) through 21 (5) as paragraphs (2) through (4), respectively. 22 (b) STANDARD OF REVIEW FOR CONTINUING DIS- 23 ABILITY REVIEWS.— 24 VerDate Sep 11 2014 00:16 Jul 11, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3566.IH H3566 lotter on DSKBCFDHB2PROD with BILLS 6 •HR 3566 IH (1) IN GENERAL.—Section 223(f) of the Social 1 Security Act (42 U.S.C. 423(f)) is amended— 2 (A) in paragraph (4), by striking the pe- 3 riod at the end and inserting ‘‘; or’’; 4 (B) by inserting after paragraph (4) the 5 following new paragraph: 6 ‘‘(5) in the case of a continuing disability re- 7 view under section 221(i), evidence that would be 8 sufficient to support a finding in an initial deter- 9 mination that the individual is not under a disability 10 and is able to engage in substantial gainful activ- 11 ity.’’; and 12 (C) in the flush matter at the end, by in- 13 serting ‘‘, except that, in the case of a con- 14 tinuing disability review under section 221(i), 15 the Commissioner shall not consider the fact 16 that an individual is engaged in substantial 17 gainful work as part of the process established 18 under subsection (l) as evidence that the indi- 19 vidual is able to engage in substantial gainful 20 activity’’ after ‘‘secured by the Commissioner of 21 Social Security’’. 22 (2) CONFORMING AMENDMENT TO DEFINITION 23 OF DISABILITY.—Section 223(d)(2) of the Social Se- 24 curity Act (42 U.S.C. 423(d)(2)) is amended— 25 VerDate Sep 11 2014 00:16 Jul 11, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3566.IH H3566 lotter on DSKBCFDHB2PROD with BILLS 7 •HR 3566 IH (A) in subparagraph (A), by striking ‘‘An 1 individual’’ and inserting ‘‘Subject to subpara- 2 graph (D), an individual’’; and 3 (B) by adding at the end the following new 4 subparagraph: 5 ‘‘(D) In the case of a continuing disability re- 6 view under section 221(i), an individual may be 7 found to be under a disability even though the indi- 8 vidual is engaged in substantial gainful work as part 9 of the process established under subsection (l).’’. 10 SEC. 4. REGULATIONS RELATED TO DISABILITY CLASSI- 11 FICATIONS AND CDRS. 12 The Commissioner of Social Security shall promul- 13 gate or revise, as appropriate, regulations relating to the 14 determination, classification, and review of the disability 15 status of individuals who apply for or receive disability in- 16 surance benefits under title II of the Social Security Act 17 and related provisions of agency guidance to carry out sec- 18 tion 2 and the amendments made by section 3. 19 SEC. 5. TIME-LIMITING DISABILITY BENEFITS FOR MIE AND 20 MIL INDIVIDUALS. 21 Section 223 of the Social Security Act (42 U.S.C. 22 423) is amended— 23 (1) in subsection (a)(1), in the flush language 24 after and below subparagraph (E), by striking ‘‘sub- 25 VerDate Sep 11 2014 00:16 Jul 11, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3566.IH H3566 lotter on DSKBCFDHB2PROD with BILLS 8 •HR 3566 IH section (e)’’ and inserting ‘‘subsections (e) and (k)’’; 1 and 2 (2) by adding at the end the following new sub- 3 section: 4 ‘‘Time-Limited Disability Benefits 5 ‘‘(k)(1) In the case of an individual who files an appli- 6 cation for disability insurance benefits under this section 7 or for monthly benefits under section 202 by reason of 8 being under a disability for any month that begins on or 9 after the date that is 1 year after the date of the enact- 10 ment of the Social Security Disability Insurance Return 11 to Work Act, is determined to be under a disability, and 12 is classified by the Commissioner of Social Security as 13 ‘medical improvement expected’ or ‘medical improvement 14 likely’, the termination month applicable to the individual 15 shall be— 16 ‘‘(A) if the individual has been classified as 17 ‘medical improvement expected’, the 23rd month fol- 18 lowing the first month after the individual’s waiting 19 period (as defined in subsection (c)(2)); or 20 ‘‘(B) if the individual has been classified as 21 ‘medical improvement likely’, the 59th month fol- 22 lowing the first month after the individual’s waiting 23 period (as so defined). 24 VerDate Sep 11 2014 00:16 Jul 11, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3566.IH H3566 lotter on DSKBCFDHB2PROD with BILLS 9 •HR 3566 IH ‘‘(2)(A)(i) For purposes of this paragraph, the term 1 ‘timely reapplication’ means an application for disability 2 insurance benefits under this section or for monthly bene- 3 fits under section 202 by reason of being under a disability 4 that is submitted— 5 ‘‘(I) by an individual who is a recipient of such 6 benefits; and 7 ‘‘(II) during the period that is 14 months be- 8 fore the end of the termination month applicable (or 9 most recently applicable) to the individual under 10 paragraph (1) as of the date of such application and 11 ending with the date that is 12 months before the 12 end of such termination month. 13 ‘‘(ii) Notwithstanding clause (i), the Commissioner of 14 Social Security may deem an application for disability in- 15 surance benefits under this section or for monthly benefits 16 under section 202 by reason of being under a disability 17 submitted by an individual who is a recipient of such bene- 18 fits that is submitted after the period described in clause 19 (i)(II) to be a timely reapplication if— 20 ‘‘(I) the individual can show good cause for why 21 the application was not submitted during such pe- 22 riod; and 23 ‘‘(II) the application is submitted not later than 24 6 months before the end of the termination month 25 VerDate Sep 11 2014 00:16 Jul 11, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3566.IH H3566 lotter on DSKBCFDHB2PROD with BILLS 10 •HR 3566 IH applicable (or most recently applicable) to the indi- 1 vidual under paragraph (1) as of the date of such 2 application. 3 ‘‘(B)(i) An individual who submits a timely reapplica- 4 tion and who is determined to be under a disability shall 5 be deemed to have satisfied the waiting period applicable 6 under subsection (c)(2). 7 ‘‘(ii)(I) If the Commissioner of Social Security fails 8 to make an initial determination with respect to the timely 9 reapplication of an individual who is a recipient of dis- 10 ability insurance benefits under this section or monthly 11 benefits under section 202 by reason of being under a dis- 12 ability before the end of the termination month applicable 13 to the individual as of the date of such reapplication, such 14 individual shall continue to be entitled to such benefits 15 until an initial determination with respect to such timely 16 reapplication is made. 17 ‘‘(II) If the Commissioner of Social Security makes 18 an initial adverse determination with respect to the timely 19 reapplication of an individual who is a recipient of dis- 20 ability insurance benefits under this section or monthly 21 benefits under section 202 by reason of being under a dis- 22 ability and such individual files a timely request for a 23 hearing under section 221(d), such individual may elect 24 to have the payment of such benefits (as well as any other 25 VerDate Sep 11 2014 00:16 Jul 11, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3566.IH H3566 lotter on DSKBCFDHB2PROD with BILLS 11 •HR 3566 IH benefits payable under this title or title XVIII on the basis 1 of such individual’s entitlement to such benefits) continue 2 in the same manner and subject to the same conditions 3 as an election made under subsection (g). 4 ‘‘(C) For purposes of reviewing a timely reapplication 5 submitted by an individual who is a recipient of disability 6 insurance benefits under this section or monthly benefits 7 under section 202 by reason of being under a disability— 8 ‘‘(i) the fact that the individual was previously 9 found to be under a disability shall have no evi- 10 dentiary weight; 11 ‘‘(ii) the fact that the individual participated in 12 the process established under subsection (l) may be 13 taken into account for pu [Text truncated for display. 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