Page:United States Statutes at Large Volume 113 Part 3.djvu/364

 113 STAT. 1882 PUBLIC LAW 106-170—DEC. 17, 1999 (1) by redesignating subsection (i) as subsection (j); and (2) by inserting after subsection (h) the following new subsection: "Reinstatement of Entitlement "(i)(l)(A) Entitlement to benefits described in subparagraph (B)(i)(I) shall be reinstated in any case where the Commissioner determines that an individual described in subparagraph (B) has filed a request for reinstatement meeting the requirements of paragraph (2)(A) during the period prescribed in subparagraph (C). Reinstatement of such entitlement shall be in accordance with the terms of this subsection. "(B) An individual is described in this subparagraph if— "(i) prior to the month in which the individual files a request for reinstatement— "(I) the individual was entitled to benefits under this section or section 202 on the basis of disability pursuant to an application filed therefor; and "(II) such entitlement terminated due to the performance of substantial gainful activity; "(ii) the individual is under a disability and the physical or mental impairment that is the basis for the finding of disability is the same as (or related to) the physical or mental impairment that was the basis for the finding of disability that gave rise to the entitlement described in clause (i); and "(iii) the individual's disability renders the individual unable to perform substantial gainful activity. "(C)(i) Except as provided in clause (ii), the period prescribed in this subparagraph with respect to an individual is 60 consecutive months beginning with the month following the most recent month for which the individual was entitled to a benefit described in subparagraph (B)(i)(I) prior to the entitlement termination described in subparagraph (B)(i)(II). "(ii) In the case of an individual who fails to file a reinstatement request within the period prescribed in clause (i), the Commissioner may extend the period if the Commissioner determines that the individual had good cause for the failure to so file. "(2)(A)(i) A request for reinstatement shall be filed in such form, and containing such information, as the Commissioner may prescribe. "(ii) A request for reinstatement shall include express declarations by the individual that the individual meets the requirements specified in clauses (ii) and (iii) of paragraph (1)(B). "(B) A request for reinstatement filed in accordance with subparagraph (A) may constitute an application for benefits in the case of any individual who the Commissioner determines is not entitled to reinstated benefits under this subsection. "(3) In determining whether an individual meets the requirements of paragraph (l)(B)(ii), the provisions of subsection (f) shall apply. "(4)(A)(i) Subject to clause (ii), entitlement to benefits reinstated under this subsection shall commence with the benefit payable for the month in which a request for reinstatement is filed. "(ii) An individual whose entitlement to a benefit for any month would have been reinstated under this subsection had the individual filed a request for reinstatement before the end of such month

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