42 USC § 1383b - Administration

(a) Authority of Commissioner

Subject to subsection (b) of this section, the Commissioner of Social Security may make such administrative and other arrangements (including arrangements for the determination of blindness and disability under section 1382c (a)(2) and (3) of this title in the same manner and subject to the same conditions as provided with respect to disability determinations under section 421 of this title) as may be necessary or appropriate to carry out the Commissioner’s functions under this subchapter.

(b) Examination to determine blindness

In determining, for purposes of this subchapter, whether an individual is blind, there shall be an examination of such individual by a physician skilled in the diseases of the eye or by an optometrist, whichever the individual may select.

(c) Notification of review

(1) In any case in which the Commissioner of Social Security initiates a review under this subchapter, similar to the continuing disability reviews authorized for purposes of subchapter II of this chapter under section 421 (i) of this title, the Commissioner of Social Security shall notify the individual whose case is to be reviewed in the same manner as required under section 421 (i)(4) of this title.

(2) For suspension of continuing disability reviews and other reviews under this subchapter similar to reviews under section 421 of this title in the case of an individual using a ticket to work and self-sufficiency, see section 1320b–19 (i) of this title.

(d) Regulations regarding completion of plans for achieving self-support

The Commissioner of Social Security shall establish by regulation criteria for time limits and other criteria related to individuals’ plans for achieving self-support, that take into account—

(1) the length of time that the individual will need to achieve the individual’s employment goal (within such reasonable period as the Commissioner of Social Security may establish); and

(2) other factors determined by the Commissioner of Social Security to be appropriate.

(e) Review of State agency blindness and disability determinations

(1) The Commissioner of Social Security shall review determinations, made by State agencies pursuant to subsection (a) in connection with applications for benefits under this subchapter on the basis of blindness or disability, that individuals who have attained 18 years of age are blind or disabled as of a specified onset date. The Commissioner of Social Security shall review such a determination before any action is taken to implement the determination.

(2)

(A) In carrying out paragraph (1), the Commissioner of Social Security shall review—

(i) at least 20 percent of all determinations referred to in paragraph (1) that are made in fiscal year 2006;

(ii) at least 40 percent of all such determinations that are made in fiscal year 2007; and

(iii) at least 50 percent of all such determinations that are made in fiscal year 2008 or thereafter.

(B) In carrying out subparagraph (A), the Commissioner of Social Security shall, to the extent feasible, select for review the determinations which the Commissioner of Social Security identifies as being the most likely to be incorrect.

Source

(Aug. 14, 1935, ch. 531, title XVI, § 1633, as added Pub. L. 92–603, title III, § 301,Oct. 30, 1972, 86 Stat. 1478; amended Pub. L. 93–66, title II, § 214,July 9, 1973, 87 Stat. 158; Pub. L. 98–460, § 6(b),Oct. 9, 1984, 98 Stat. 1802; Pub. L. 103–296, title I, § 107(a)(4), title II, § 203(a),Aug. 15, 1994, 108 Stat. 1478, 1508; Pub. L. 106–170, title I, § 101(b)(2)(D),Dec. 17, 1999, 113 Stat. 1874; Pub. L. 109–171, title VII, § 7501,Feb. 8, 2006, 120 Stat. 154.)

Amendments

2006—Subsec. (e). Pub. L. 109–171added subsec. (e).

1999—Subsec. (c). Pub. L. 106–170designated existing provisions as par. (1) and added par. (2).

1994—Subsec. (a). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” and “the Commissioner’s” for “his”.

Subsec. (c). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” in two places.

Subsec. (d). Pub. L. 103–296, § 203(a), added subsec. (d).

Pub. L. 103–296, § 107(a)(4), in subsec. (d) as added by Pub. L. 103–296, § 203(a), substituted “Commissioner of Social Security” for “Secretary” wherever appearing.

1984—Subsec. (c). Pub. L. 98–460added subsec. (c).

1973—Subsec. (a). Pub. L. 93–66, § 214(1), (2), designated existing provisions as subsec. (a) and made the authority of the Secretary subject to subsec. (b) of this section.

Subsec. (b). Pub. L. 93–66, § 214(3), added subsec. (b).

Effective Date of 2006 Amendment

Amendment by Pub. L. 109–171effective as if enacted on Oct. 1, 2005, except as otherwise provided, see section 7701 ofPub. L. 109–171, set out as a note under section 603 of this title.

Effective Date of 1999 Amendment

Amendment by Pub. L. 106–170effective with the first month following one year after Dec. 17, 1999, subject to section 101(d) ofPub. L. 106–170, see section 101(c) ofPub. L. 106–170, set out as an Effective Date note under section 1320b–19 of this title.

Effective Date of 1994 Amendment

Amendment by section 107(a)(4) ofPub. L. 103–296effective Mar. 31, 1995, see section 110(a) ofPub. L. 103–296, set out as a note under section 401 of this title.

Section 203(b) ofPub. L. 103–296provided that: “The amendment made by subsection (a) [amending this section] shall take effect on January 1, 1995.”

Effective Date

Section 301 ofPub. L. 92–603provided that this section is effective Jan. 1, 1974.

Institution of Notification System

For provisions requiring the Secretary to institute the system of notification required by subsec. (c) of this section as soon as practicable after Oct. 9, 1984, see section 6(c) ofPub. L. 98–460, set out as a note under section 421 of this title.

Federal Program of Supplemental Security Income; Preference for Present State and Local Employees

Section 213 ofPub. L. 93–66provided that: “The Secretary of Health, Education, and Welfare [now Health and Human Services] in the recruitment and selection for employment of personnel whose services will be utilized in the administration of the Federal program of supplemental security income for the aged, blind, and disabled (established by title XVI of the Social Security Act [this subchapter]), shall give a preference, as among applicants whose qualifications are reasonably equal (subject to any preferences conferred by law or regulation on individuals who have been Federal employees and have been displaced from such employment), to applicants for employment who are or were employed in the administration of any State program approved under title I, X, XIV, or XVI of such Act [subchapter I, X, XIV, or XVI of this chapter] and are or were involuntarily displaced from their employment as a result of the displacement of such State program by such Federal program.”

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 provisions of Pub. L. 92–603, eff. Jan. 1, 1974, not applicable to Puerto Rico, Guam, and the Virgin Islands, see section 303(b) ofPub. L. 92–603, set out as a note under section 301 of this title.