Page:United States Statutes at Large Volume 94 Part 1.djvu/508

 94 STAT. 458

PUBLIC LAW 96-265—JUNE 9, 1980

(3) by striking out the second sentence. 42 USC 423. (c) Section 223(b) of such Act is amended— (1) by inserting "(and shall be deemed to have been filed in such first month)" 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 (3) by striking out the second sentence. 42 USC 402 note. (d) The amendments made by this section shall apply to applications filed after the month in which this Act is enacted. LIMITATION ON COURT REMANDS

42 USC 405.

SEC. 307. The sixth sentence of section 205(g) of the Social Security Act is amended by striking out all that precedes "and the Secretary shall" and inserting in lieu thereof the following: "The court may, on motion of the Secretary made for good cause shown before he files his answer, remand the case to the Secretary for further action by the Secretary, gmd it may at any time order additional evidence to be taken before the Secretary, but only upon a showing that there is new evidence which is material and that there is good cause for the failure to incorporate such evidence into the record in a prior proceeding;". TIME LIMITATIONS FOR DECISIONS ON BENEFIT CLAIMS

Report to SEC. 308. The Secretary of Health and Human Services shall Congress. submit to the Congress, no later than July 1, 1980, a report recom42 USC 401 note, mending the establishment of appropriate time limitations governing 42 USC 401. decisions on claims for benefits under title II of the Social Security Act. Such report shall specifically recommend— (1) the maximum period of time (after application for a payment under such title is filed) within which the initial decision of the Secretary as to the rights of the applicant should be made; (2) the maximum period of time (after application for reconsideration of any decision described in paragraph (1) is filed) within which a decision of the Secretary on such reconsideration should be made; (3) the maximum period of time (after a request for a hearing with respect to any decision described in paragraph (1) is filed) within which a decision of the Secretary upon such hearing (whether affirming, modifying, or reversing such decision) should be made; and (4) the maximum period of time (after a request for review by the Appeals Council with respect to any decision described in paragraph (1) is made) within which the decision of the Secretary upon such review (whether affirming, modifying, or reversing such decision) should be made. In determining the time limitations to be recommended, the Secretary shall take into account both the need for expeditious processing of claims for benefits and the need to assure that all such claims will be thoroughly considered and accurately determined.

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