Page:United States Statutes at Large Volume 102 Part 4.djvu/809

 PUBLIC LAW 100-647—NOV. 10, 1988

102 STAT. 3779

such 110-day period expires and ending with the month preceding the month in which such final decision is issued. "(2) For purposes of paragraph (1), in determining whether the 110-day period referred to in paragraph (1) has elapsed, any period of time for which the action or inaction of such individual or such individual's representative without good cause results in the delay in the issuance of the Secretary's final decision shall not be taken into account to the extent that such period of time exceeds 20 calendar days. "(3) Any benefits currently paid under this title pursuant to this subsection (for the months described in paragraph (1)) shall not be considered overpayments for any purpose of this title (unless payment of such benefits was fraudulently obtained), and such benefits shall not be treated as past-due benefits for purposes of section 2060t)Xl).". (b) BENEFITS UNDER TITLE XVL—Section 1631(a) of such Act (42 U.S.C. 1383(a)) is amended by adding at the end the following new paragraph: "(8KA) In any case in which an administrative law judge has Blind persons. determined after a hearing as provided in subsection (c) that an individual is entitled to benefits based on disability or blindness under this title and the Secretary has not issued his final decision in such case within 110 days after the date of the administrative law judge's determination, such benefits shall be currently paid for the months during the period beginning with the month in which such 110-day period expires and ending with the month in which such final decision is issued. "(B) For purposes of subparagraph (A), in determining whether the 110-day period referred to in subparagraph (A) has elapsed, any period of time for which the action or inaction of such individual or such individual's representative without good cause results in the delay in the issuance of the Secretary's fined decision shall not be taken into account to the extent that such period of time exceeds 20 calendar days. "(C) Any benefits currently paid under this title pursuant to this paragraph (for the months described in subparagraph (A)) shall not be considered overpayments for any purposes of this title, unless payment of such benefits was fraudulently obtained.". (c) EFFECTIVE DATE.—The amendments made by this section shall 42 USC 423 note. apply to determinations by administrative law judges of entitlement to benefits made after 180 days after the date of the enactment of this Act. SEC. 8002. APPLICATION OF EARNINGS TEST IN YEAR OF INDIVIDUAL'S DEATH. (a) YEAR IN WHICH INDIVIDUAL WOULD HAVE ATTAINED RETIREMENT A G E BUT FOR THE INDIVIDUAL'S DEATH IN SUCH YEAR TREATED AS A YEAR THROUGHOUT WHICH THE EARNINGS TEST FOR INDIVIDUALS W H O HAVE ATTAINED RETIREMENT AGE IS APPLICABLE.—Paragraph

(3) of section 203(f) of the Social Security Act (42 U.S.C. 403(fK3)) is amended by inserting "(or, but for the individual's death, would have attained)" after "who has attained". (b) ELIMINATION OF THE SHORT TAXABLE YEAR IN THE YEAR OF DEATH FOR PURPOSES OF THE EARNINGS TEST.—Paragraph (3) of

section 203(f) of such Act is further amended— (1) by inserting after the first sentence the following new sentence: "For purposes of the preceding sentence, notwith-

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