42 U.S. Code § 1382h - Benefits for individuals who perform substantial gainful activity despite severe medical impairment
Subsection (a)(2) and section 1383(j)(2)(A) of this title shall not be construed, singly or jointly, to require more than 1 determination during any 12-month period with respect to the continuing disability or blindness of an individual.
The Commissioner of Social Security and the Secretary of Education shall jointly develop and disseminate information, and establish training programs for staff personnel, with respect to the potential availability of benefits and services for disabled individuals under the provisions of this section. The Commissioner of Social Security shall provide such information to individuals who are applicants for and recipients of benefits based on disability under this subchapter and shall conduct such programs for the staffs of the district offices of the Social Security Administration. The Secretary of Education shall conduct such programs for the staffs of the State Vocational Rehabilitation agencies, and in cooperation with such agencies shall also provide such information to other appropriate individuals and to public and private organizations and agencies which are concerned with rehabilitation and social services or which represent the disabled.
1994—Subsecs. (a)(1), (2), (b)(1). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary”.
Subsec. (b)(1)(B). Pub. L. 103–296, § 205(a), inserted “and increases pursuant to section 415(i) of this title in the level of monthly insurance benefits to which the individual is entitled under subchapter II that occur while such individual is considered to be receiving supplemental security income benefits by reason of this subsection” after “earnings”.
Subsec. (d). Pub. L. 103–296, § 107(a)(1), substituted “Commissioner of Social Security” for “Secretary of Health and Human Services” in two places.
1990—Subsec. (b)(1). Pub. L. 101–508, § 5032(a), struck out “under age 65” after “any individual” in introductory provisions.
Subsecs. (c), (d). Pub. L. 101–508, § 5039(a), added subsec. (c) and redesignated former subsec. (c) as (d).
1986—Subsec. (a). Pub. L. 99–643, § 4(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Any individual who is an eligible individual (or eligible spouse) by reason of being under a disability and was eligible to receive benefits under section 1382(b) of this title or under this section for the month preceding the month for which eligibility for benefits under this section is now being determined, and who would otherwise be denied benefits by reason of section 1382(e)(4) of this title or ceases to be an eligible individual (or eligible spouse) because his earnings have demonstrated a capacity to engage in substantial gainful activity, shall nevertheless qualify for a monthly benefit equal to an amount determined under section 1382(b)(1) of this title (or, in the case of an individual who has an eligible spouse, under section 1382(b)(2) of this title), and for purposes of subchapter XIX of this chapter shall be considered a disabled individual receiving supplemental security income benefits under this subchapter, for so long as the Secretary determines that—
“(1) such individual continues to have the disabling physical or mental impairment on the basis of which such individual was found to be under a disability, and continues to meet all non-disability-related requirements for eligibility for benefits under this subchapter; and
“(2) the income of such individual, other than income excluded pursuant to section 1382a(b) of this title, is not equal to or in excess of the amount which would cause him to be ineligible for payments under section 1382(b) of this title (if he were otherwise eligible for such payments).”
Subsec. (a)(1). Pub. L. 99–643, § 4(c)(2)(A), substituted “Except as provided in section 1383(j) of this section, any individual” for “Any individual”.
Subsec. (b). Pub. L. 99–643, § 4(b)(1)–(4), substituted “meets” for “continues to meet” in former par. (1) and “(including any federally administered State supplementary payments), benefits under subchapter XIX, and publicly funded attendant care services (including personal care assistance),” for “and subchapter XIX” in former par. (4), redesignated former pars. (1) to (4) as subpars. (A) to (D), respectively, of par. (1), and substituted introductory provisions of such par. (1) for former undesignated introductory provisions which read as follows: “For purposes of subchapter XIX, any individual under age 65 who, for the month preceding the first month in the period to which this subsection applies, received—
“(i) a payment of supplemental security income benefits under section 1382(b) of this title on the basis of blindness or disability,
“(iii) a payment of monthly benefits under subsection (a) of this section, or
“(iv) a supplementary payment under section 1382e(c)(3) of this title,
shall be considered to be a blind or disabled individual receiving supplemental security income benefits for so long as the Secretary determines under regulations that—”.
Subsec. (b)(2). Pub. L. 99–643, § 4(b)(5), added par. (2).
Subsec. (b)(3). Pub. L. 99–643, § 7(a), added par. (3).
1984—Subsec. (c). Pub. L. 98–460 added subsec. (c).
1981—Subsec. (a). Pub. L. 97–35, § 2353(o)(1), substituted in provision preceding par. (1) “subchapter XIX” for “subchapters XIX and XX”.
Subsec. (b). Pub. L. 97–35, § 2353(o), substituted in provision preceding cl. (i) and in par. (4) “subchapter XIX” for “subchapters XIX and XX” and in par. (3) “subchapter XIX” for “subchapter XIX or XX”.
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