Page:United States Statutes at Large Volume 96 Part 2.djvu/1137

 PUBLIC LAW 97-455—JAN. 12, 1983

96 STAT. 2499

not entitled to such benefits, any benefits paid under this title pursuant to such election (for months in such additional period) shall be considered overpayments for all purposes of this title, except as otherwise provided in subparagraph (B). "(B) If the Secretary determines that the individual's appeal of his Waiver termination of benefits was made in good faith, all of the benefits consideration. paid pursuant to such individual's election under paragraph (1) shall be subject to waiver consideration under the provisions of section 204. 42 USC 404. "(3) The provisions of paragraphs (1) and (2) shall apply with respect to determinations (that individuals are not entitled to benefits) which are made— "(A) on or after the date of the enactment of this subsection, or prior to such date but only on the basis of a timely request for a hearing under section 221(d), or for an administrative review 42 USC 421. prior to such hearing, and "(B) prior to October 1, 1983.". SEC. 3. PERIODIC REVIEWS OF DISABILITY CASES.

Section 221(i) of the Social Security Act is amended— (1) by inserting "(1)" after "(i)*^; (2) by inserting ", subject to paragraph (2)" after "at least every 3 years"; and (3) by adding at the end thereof the following new paragraph: "(2) The requirement of paragraph (1) that cases be reviewed at least every 3 years shall not apply to the extent that the Secretary determines, on a State-by-State basis, that such requirement should be waived to insure that only the appropriate number of such cases are reviewed. The Secretary shall determine the appropriate number of cases to be reviewed in each State after consultation with the State agency performing such reviews, based upon the backlog of pending reviews, the projected number of new applications for disability insurance benefits, and the current and projected staffing levels of the State agency, but the Secretary shall provide for a waiver of such requirement only in the case of a State which makes a good faith effort to meet proper staffing requirements for the State agency and to process case reviews in a timely fashion. The Secretary shall report annually to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to the determinations made by the Secretary under the preceding sentence.". (b) The amendments made by subsection (a) shall become effective on the date of the enactment of this Act.

42 USC 421.

Case number determination.

Report to congressional committees.

Effective date. 42 USC 421 note.

SEC. 4. EVIDENTIARY HEARINGS IN RECONSIDERATIONS OF DISABILITY BENEFIT TERMINATIONS.

(a) IN GENERAL.—Section 205(b) of the Social Security Act is 42 USC 405. amended— (1) by inserting "(1)" after "(b)"; and (2) by adding at the end thereof the following new paragraph: "(2) In any case where— "(A) an individual is a recipient of disability insurance benefits, or of child's, widow's, or widower's insurance benefits based on disability, "(B) the physical or mental impairment on the basis of which such benefits are payable is found to have ceased, not to have existed, or to no longer be disabling, and

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