Page:United States Statutes at Large Volume 86.djvu/1518

 1476

PUBLIC LAW 92-603-OCT. 30, 1972

[86

STAT.

shall continue (so long as such individual is otherwise eligible) through the second month following the month in which such blindness or disability ceases. "Overpayments and Underpayments " (b) Whenever the Secretary finds that more or less than the correct amount of benefits has been paid with respect to any individual, proper adjustment or recovery shall, subject to the succeeding provisions of this subsection, be made by appropriate adjustments in future payments to such individual or by recovery from or payment to such individual or his eligible spouse (or by recovery from the estate of either). The Secretary shall make such provision as he finds approriate in the case of payment of more than the correct amount of enefits with respect to an individual with a view to avoiding penalizing such individual or his eligible spouse who was without fault in connection with the overpayment, if adjustment or recovery on account of such overpayment in such case would defeat the purposes of this title, or be against equity or good conscience, or (because of the small amount involved) impede efficient or effective administration of this title. "Hearings and Review

E

42 USC 405.

"(c)(1) The Secretary shall provide reasonable notice and opportunity for a hearing to any individual who is or claims to be an eligible individual or eligible spouse and is in disagreement with any determination under this title with respect to eligibility of such individual for benefits, or the amount of such individual's benefits, if such individual requests a hearing on the matter in disagreement within thirty days after notice of such determination is received. "(2) Determination on the basis of such hearing, except to the extent that the matter in disagreement involves the existence of a disability (within the meaning of section 1614(a)(3)), shall be made within ninety days after the individual requests the hearing as provided in paragraph (1). "(3) The final determination of the Secretary after a hearing under paragraph (1) shall be subject to judicial review as provided in section 205(g) to the same extent as the Secretary's final determinations under section 205; except that the detennination of the Secretary after such hearing as to any fact shall be final and conclusive and not subject to review by any court.

"Procedures; Prohibitions of Assignments; Representation of Claimants 42 USC 407. "(d)(1) The provisions of section 207 and subsections (a), (d), (e), and (f) of section 205 shall applv with respect to this part to the 42 USC 401 same extent as they apply in the case oi title II. " ('2) To the extent the Secretary finds it will promote the achievement of the objectives of this title, qualified persons may be appointed to serve as hearing examiners in hearings under subsection (c) without meeting the specific standards prescribed for hearing examiners 80 Stat. 381; by OF under subchapter II of chapter 5 of title 5, United States Code. "(3) The Secretary may prescribe rules and regulations governing Rules and regu- the Tecognition of agents or other persons, other than attorneys, as lations. hereinafter provided, representing claimants before the Secretary under this title, and may require of such agents or other persons, before being recognized as representatives of claimants, that they shall show
 * ^^us*c 551.

�