I 111th CONGRESS 1st Session H. R. 3469 IN THE HOUSE OF REPRESENTATIVES July 31, 2009 Ms. Castor of Florida (for herself, Mr. Berman, Mr. Bishop of New York, Mr. Boccieri, Ms. Bordallo, Mr. Boren, Mr. Boucher, Mr. Brady of Pennsylvania, Ms. Corrine Brown of Florida, Mr. Buchanan, Mr. Burgess, Mr. Butterfield, Mr. Cardoza, Mr. Carnahan, Mr. Carney, Mr. Childers, Mr. Cleaver, Mr. Connolly of Virginia, Mr. Costello, Mrs. Davis of California, Mr. Delahunt, Ms. DeLauro, Mr. Donnelly of Indiana, Ms. Edwards of Maryland, Mr. Ellison, Mr. Etheridge, Mr. Faleomavaega, Mr. Farr, Ms. Fudge, Ms. Giffords, Mr. Gonzalez, Mr. Gordon of Tennessee, Mr. Grayson, Mr. Gene Green of Texas, Mr. Grijalva, Mr. Gutierrez, Mr. Hare, Mr. Hill, Mr. Hinchey, Mr. Hinojosa, Mr. Holt, Mr. Israel, Mr. Jackson of Illinois, Mr. Johnson of Georgia, Mr. Kagen, Ms. Kaptur, Mr. Kennedy, Ms. Kilpatrick of Michigan, Mr. Kissell, Mr. Klein of Florida, Mr. Langevin, Ms. Lee of California, Mrs. Lowey, Mr. Lynch, Mrs. Maloney, Mr. Markey of Massachusetts, Mr. Massa, Ms. Matsui, Mr. McGovern, Mr. McHugh, Mr. McIntyre, Mr. Meek of Florida, Mr. Meeks of New York, Mr. Michaud, Ms. Moore of Wisconsin, Mrs. Napolitano, Mr. Nye, Mr. Olver, Mr. Ortiz, Mr. Payne, Mr. Rahall, Mr. Rodriguez, Mr. Ross, Mr. Rothman of New Jersey, Ms. Roybal-Allard, Mr. Ruppersberger, Mr. Rush, Mr. Sarbanes, Mr. Schiff, Mr. Scott of Virginia, Mr. Sires, Mr. Snyder, Mr. Space, Ms. Sutton, Mr. Taylor, Mr. Thompson of California, Mr. Thompson of Mississippi, Mr. Walz, Ms. Wasserman Schultz, Ms. Watson, Mr. Wexler, Mr. Wilson of Ohio, Mr. Wu, and Mr. Young of Florida) 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 provide that disability determinations under such title on the basis of hearings by the Commissioner of Social Security are made on a timely basis and to require the Commissioner to establish a program for monitoring each year the number of disability determinations which are in reconsideration.

1.

Short title

This Act may be cited as the Timely Due Process for People with Disabilities Act of 2009.

2.

Establishment of time frames to ensure timely disability determinations

(a)

In general

Section 221(d) of such Act (42 U.S.C. 421(d)) is amended— (1)by inserting (1) after (d); and (2)by adding at the end the following new paragraph: (2)The Commissioner of Social Security shall ensure that— (A)the scheduling of the date for the hearing described in paragraph (1) occurs before the end of the period of 5 business days after the date of the request for the hearing; (B)the date scheduled for the hearing is during the period of 15 business days after the period of 60 business days after the date of the request; and (C)any disability determination on the basis of the hearing is issued before the end of the period of 15 business days after the date on which the hearing is concluded. . (b)

Effective date

(1)

In general

The amendments made by this section shall apply with respect to hearings under section 221(d) of the Social Security Act commenced on or after the date of the enactment of this Act. (2)

Hearings requested prior to date of enactment

In the case of any hearing described in paragraph (1) which was requested prior to the date of the enactment of this Act— (A)the requirements of subparagraph (A) of section 221(d)(2) of such Act (as added by subsection (a)) shall apply as if the date of the request for the hearing is the date of the enactment of this Act; and (B)the requirements of subparagraph (B) of such section 221(d)(2) shall be treated as met if the date scheduled for the hearing is during the period of 15 business days following the later of the last day of the period of 60 business days referred to in such subparagraph or the date of the enactment of this Act.

3.

Monitoring of disability determinations in reconsideration

Section 221 of the Social Security Act (42 U.S.C. 421) is amended by adding at the end the following new subsection: (n)The Commissioner of Social Security shall establish and maintain a program under which— (1)there is established a target number for disability determinations under this section which are in reconsideration at the end of each year, and (2)progress toward attaining that target is regularly monitored and assessed during the year. .