Editorial Notes
Amendments
2015—Subsec. (c). Pub. L. 114–74, § 824(b)(1), added subsec. (c).
Subsec. (d). Pub. L. 114–74, § 824(c)(1), added subsec. (d).
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, § 201(a)(3)(A)(i), amended section catchline.
Subsec. (a). Pub. L. 103–296, § 201(a)(3)(A)(i), inserted heading.
Pub. L. 103–296, § 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, § 201(a)(3)(A)(ii), inserted heading.
Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” in pars. (1) and (2).
Subsec. (c). Pub. L. 103–296, § 201(a)(3)(A)(iii), added subsec. (c).
Pub. L. 103–296, § 107(a)(4), in subsec. (c) as added by Pub. L. 103–296, § 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, § 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, § 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.
Statutory Notes and Related Subsidiaries
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.
Pub. L. 103–296, title II, § 201(a)(3)(C), (E), Aug. 15, 1994, 108 Stat. 1497, provided that:
“(C) Sunset of 36-month rule.—
Section 225(c)(7) of the
Social Security Act [
42 U.S.C. 425(c)(7)] (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 [
42 U.S.C. 425(c)(9)], 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 [
42 U.S.C. 425(c)(5)] (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 [
42 U.S.C. 425(c)(7)] (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
Pub. L. 101–508, title V, § 5113(c), Nov. 5, 1990, 104 Stat. 1388–273, 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 1980 Amendment
Pub. L. 96–265, title III, § 301(c), June 9, 1980, 94 Stat. 450, 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
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
Pub. L. 103–296, title II, § 201(a)(3)(B), Aug. 15, 1994, 108 Stat. 1497, 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, § 5525(c), Aug. 5, 1997, 111 Stat. 625.
Transition Rules for Current Beneficiaries
Pub. L. 103–296, title II, § 201(a)(3)(F), Aug. 15, 1994, 108 Stat. 1498, 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 [
42 U.S.C. 425(c)(1)–(4)] (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 [
42 U.S.C. 425(c)(7)] (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 [
42 U.S.C. 1381 et seq.] 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 [
42 U.S.C. 1382(e)(3)] (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
Pub. L. 103–296, title II, § 201(c), Aug. 15, 1994, 108 Stat. 1506, 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, § 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.