Page:United States Statutes at Large Volume 94 Part 1.djvu/507

 PUBLIC LAW 96-265—JUNE 9, 1980

94 STAT. 457

(i) The Secretary of Health and Human Services shall submit to the p^n, submittal Congress by July 1, 1980, a detailed plan on how he expects to assume J" us(?42?note the functions and operations of a State disability determination unit when this becomes necessary under the amendments made by this section, and how he intends to meet the requirements of section 221(b)(3) of the Social Security Act. Such plan should assume the 42 USC 42i. uninterrupted operation of the disability determination function and the utilization of the best qualified personnel to carry out such function. If any amendment of Federal law or regulation is required to carry out such plan, recommendations for such amendment should be included in the report. INFORMATION TO ACCOMPANY SECRETARY S DECISIONS

SEC. 305. (a) Section 205(b) of the Social Security Act is amended by 42 USC 405. inserting after the first sentence the following new sentence: "Any such decision by the Secretary which involves a determination of disability and which is in whole or in part unfavorable to such individual shall contain a statement of the case, in understandable language, setting forth a discussion of the evidence, and stating the Secretary's determination and the reason or reasons upon which it is based.". (b) Section 1631(c)(l) of such Act is amended by inserting after the 42 USC 1383. first sentence thereof the following new sentence: "Any such decision by the Secretary which involves a determination of disability and which is in whole or in part unfavorable to such individuad shall contain a statement of the case, in understandable language, setting forth a discussion of the evidence, and stating the Secretary's determination and the reason or reasons upon which it is based.". (c) The amendments made by this section shall apply with respect 42 USC 405 note. to decisions made on or after the first day of the 13th month following the month in which this Act is enacted. LIMITATION ON PROSPECTIVE EFFECT OF APPLICATION

SEC. 306. (a) Section 202(j)(2) of the Social Security Act is amended 42 USC 402. to read as follows: "(2) An application for any monthly benefits under this section filed before the first month in which the applicant satisfies the requirements for such benefits shall be deemed a valid application (and shall be deemed to have been filed in such first month) only if the applicant satisfies the requirements for such benefits before the Secretary makes a final decision on the application and no request under section 205(b) for notice and opportunity for a hearing thereon 42 USC 405. is made or, if such a request is made, before a decision based upon the evidence adduced at the hearing is made (regardless of whether such decision becomes the final decision of the Secretary).". (b) Section 216(i)(2)(G) of such Act is amended— 42 USC 416. (1) by inserting "(and shall be deemed to have been filed on such first day)" immediately after "shall be deemed a valid application" in the first sentence, (2) by striking out the period at the end of the first sentence and inserting in lieu thereof "and no request under section 205(b) for notice and opportunity for a hearing thereon is made or, if such a request is made, before a decision based upon the evidence adduced at the hearing is made (regardless of whether such decision becomes the final decision of the Secretary).", and

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