Page:United States Statutes at Large Volume 103 Part 3.djvu/415

 PUBLIC LAW 101-239—DEC. 19, 1989 103 STAT. 2483 "(1) the receipt of a notice from the Social Security Adminis- tration indicating a time limit for response by the individual, or "(2) the theft, loss, or nonreceipt of a benefit payment under this title, the Secretary shall ensure that the individual is granted a face-to- face interview at the office with an officer or employee of the Social Security Administration before the close of business on the day of the visit.". (c) EFFECTIVE DATE. — The amendments made by this section shall 42 USC 405 note. apply to visits to field offices of the Social Security Administration on or after Jsinuary 1, 1990. SEC. 10304. AUTHORITY TO AMEND WAGE RECORDS AFTER EXPIRATION OF TIME LIMITATION. Subparagraph (H) of section 205(c)(5) of the Social Security Act (42 U.S.C. 405(c)(5)(H)) is amended by striking "if' and all that follows through "period". SEC. 10305. STANDARDS APPLICABLE IN CERTAIN DETERMINATIONS OF •^. GOOD CAUSE, FAULT, AND GOOD FAITH. (a) GOOD CAUSE FOR FAILURE TO MAKE EARNINGS REPORTS TIMELY.— Section 2030) of the Social Security Act (42 U.S.C. 403(1)) is amended in the last sentence by striking "Secretary" and inserting "Secretary, except that in making any such determination, the Secretary shall specifically take into account any physical, mental, educational, or linguistic limitation such individual may have (including any lack of facility with the English language)". (b) WAIVERS OP RECOVERY OF OVERPAYMENTS. — Section 204(b) of such Act (42 U.S.C. 404(b)) is amended by adding at the end the following new sentence: "In making for purposes of this subsection any determination of whether any individual is without fault, the Secretary shall specifically take into account any physical, mental, educational, or linguistic limitation such individual may have (including any lack of facility with the English Icmguage).". (c) STANDARD OF REVIEW IN TERMINATION OF DISABILITY BENE- FITS.—Section 223(f) of such Act (42 U.S.C. 423(f)) is amended by inserting after the first sentence in the matter following paragraph (4) the following new sentence: "In making for purposes of the preceding sentence any determination relating to fraudulent behav- ior by any individual or failure by any individual without good cause to cooperate or to take any required action, the Secretary shall specifically take into account any physical, mental, educational, or linguistic limitation such individual may have (including any lack of facility with the English lemguage). ". (d) CONTINUATION OF BENEFITS PENDING APPEAL. —Section 223(g)(2)(B) of such Act (42 U.S.C. 423(g)(2)(B)) is amended by adding at the end the following new sentence: "In making for purposes of this subparagraph any determination of whether any individual's appeal is made in good faith, the Secretary shall specifically take into account any physical, mental, educational, or linguistic limito- tion such individual may have (including any lack of facility with the English language).". (e) SUPPLEMENTAL SECURITY INCOME. —Section 1631(c)(l) of such Act (42 U.S.C. 1383(c)(l)) is amended by adding at the end the following: "The Secretary shall specifically take into account any physical, mental, educational, or linguistic limitetion of such individual (including any lack of facility with the English language)

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