[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2895 Introduced in House (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.

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