Page:United States Statutes at Large Volume 89.djvu/1195

 PUBLIC LAW 94-202—JAN. 2, 1976

Public Law 94-202 94th Congress

89 STAT. 1135

An Act

To amend the Social Security Act to expedite the holding of hearings under titles II, XVI, and XVIII by establishing uniform review procedures under such titles, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1631(c) of the Social Security Act is amended to read as follows: "HEARINGS AND REVIEW

Jan. 2, 1976 [H.R. 10727] Social Security Act, amendments. 42 USC 1383.

" (c)(1) The Secretary is directed to make findings of fact, and decisions as to the rights of any individual applying for payment under this title. The Secretary sihall 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 h e a r i n g on the m a t t e r in disagreement within sixty days after notice of such determination is received, and, if a hearing is held, shall, on the basis of evidence adduced at the hearing affirm, modify, or reverse his findings of fact and such decision. The Secretary is further authorized, on his own motion, to hold such hearings and to conduct su<ih investigations and other proceedings as he may deem necessary or proper for the administration of this title. I n the course of any hearing, investigation, or other proceeding, he may administer oaths and affirmations, examine witnesses, and receive evidence. Evidence may be received at any hearing before the Secretary even though inadmissible under the rules of evidence applicable to court procedure. " (2) Determination on the basis of such hearing, except to the extent that the matter in disagreement involves a disability (within the meaning of section 1614(a)(3)), shall be made within ninety days 42 USC 1382c. after the individual requests the hearing as provided in paragraph (1). " (3) The final determination of the Secretary after a hearing under Judicial review. 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 42 USC 405. section 205.". SEC. 2. Section 1631(d) of the Social Security Act is amended by 42 USC 1383. striking out paragraph (2), and by redesignating paragraph (3) as paragraph (2). SEC. 3. The persons appointed under section 1631(d)(2) of the 42 USC 1383 Social Security Act (as in effect prior to the enactment of this Act) note. to serve as hearing examiners in hearings under section 1631(c) of such Act may conduct hearings under titles II, X VI, and X VIII of the Social Security Act if the Secretary of Health, Education, and 42 USC 401, Welfare finds it will promote the achievement of the objectives of 1381, 1395. such titles, notwithstanding the fact that their appointments were made without meeting the requirements for hearing examiners appointed under section 3105 of title 5, United States Code; but their appointments shall terminate not later than at the close of the period ending December 31, 1978, and during that period they shall be deemed

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