[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 646 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 646

 To amend title II of the Social Security Act to require the Secretary 
of Health and Human Services to provide claimants for benefits based on 
 disability with a face-to-face, evidentiary hearing before making an 
   initial decision, to provide those claimants whose application is 
     denied with opportunity for a subsequent hearing without any 
  requirement for intervening ``reconsideration'', and to specify the 
medical information to be collected and maintained in making disability 
                            determinations.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 27, 1993

  Mr. Jacobs introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
 To amend title II of the Social Security Act to require the Secretary 
of Health and Human Services to provide claimants for benefits based on 
 disability with a face-to-face, evidentiary hearing before making an 
   initial decision, to provide those claimants whose application is 
     denied with opportunity for a subsequent hearing without any 
  requirement for intervening ``reconsideration'', and to specify the 
medical information to be collected and maintained in making disability 
                            determinations.

    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 Appeals Process 
Reform Act of 1993''.

SEC. 2. REQUIREMENT FOR A FACE-TO-FACE HEARING PRIOR TO INITIAL 
              DISABILITY DECISIONS AND ELIMINATION OF THE PROCESS OF 
              RECONSIDERATION OF SUCH DECISIONS.

    (a) Procedures for Decisions Involving Determinations of 
Disability.--Section 205(b) of the Social Security Act (42 U.S.C. 
405(b)) is amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively; and
            (2) by inserting after paragraph (1) the following new 
        paragraph:
    ``(2) Any decision by the Secretary relating to initial entitlement 
of an individual to payments under this title which involves a 
determination of disability shall be made only after opportunity for an 
evidentiary hearing which is reasonably accessible to such individual. 
Opportunity for a subsequent hearing with respect to any such decision 
by the Secretary shall be available in accordance with this subsection 
without any requirement for intervening reconsideration.''.
    (b) Conforming Amendment.--Section 205(b)(4) of such Act (as 
redesignated by subsection (a) of this section) is amended by striking 
``or an adverse determination on reconsideration of such an initial 
determination''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to initial decisions relating to entitlement to 
benefits under title II of the Social Security Act made on or after 
January 1, 1994.

SEC. 3. MEDICAL INFORMATION TO BE COLLECTED AND MAINTAINED IN MAKING 
              DISABILITY DETERMINATIONS.

    (a) In General.--Section 221(h) of the Social Security Act (42 
U.S.C. 421(h)) is amended to read as follows:
    ``(h) An initial determination under subsection (a), (c), (g), or 
(i) that an individual is not under a disability shall be made only if 
the Secretary has made every reasonable effort to ensure--
            ``(1) that the following medical information has been 
        compiled and maintained relating to the individual's case:
                    ``(A) a detailed description from the individual of 
                his or her disability (including any statement made by 
                any family member, friend, or employer of the 
                individual describing the individual's impairments 
                which is offered for the record by such individual);
                    ``(B) medical records relating to such individual 
                from hospitals, clinics, and health centers where the 
                individual was treated since the alleged onset of the 
                disability;
                    ``(C) medical records relating to such individual 
                from physicians treating the individual since the 
                alleged onset of the disability;
                    ``(D) reports of any consultative examinations, 
                assessments of residual functional capacity, 
                assessments of pain, and other assessments relating to 
                the individual's case which have been performed by or 
                under the Secretary; and
                    ``(E) reports by social workers, therapists, 
                community mental health workers, and other medical or 
                vocational personnel whose services the individual 
                utilized since the onset of the disability; and
            ``(2) in any case in which there is evidence which 
        indicates the existence of a mental impairment, that a 
        qualified psychiatrist or psychologist has completed the 
        medical portion of the case review and any applicable residual 
        functional capacity assessment.''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to initial determinations relating to disability 
under title II of the Social Security Act made on or after January 1, 
1994.

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