Page:United States Statutes at Large Volume 98 Part 2.djvu/636

 STAT. 1796

42 USC 416. Ante, p. 1794. 42 USC 1395.

42 USC 1382c.

42 USC I382h.

PUBLIC LAW 98-460—OCT. 9, 1984

case of a widow, surviving divorced wife, widower, or surviving divorced husband), cannot be located, or fails, without good cause, to cooperate in a review of the entitlement to such benefits or to follow prescribed treatment which would be expected to restore his or her ability to engage in substantial gainful activity (or gainful activity in the case of a widow, surviving divorced wife, widower, or surviving divorced husband). Any determination under this section shall be made on the basis of all the evidence available in the individual's case file, including new evidence concerning the individual's prior or current condition which is presented by the individual or secured by the Secretary. Any determination made under this section shall be made on the basis of the weight of the evidence and on a neutral basis with regard to the individual's condition, without any initial inference as to the presence or absence of disability being drawn from the fact that the individual has previously been determined to be disabled. For purposes of this subsection, a benefit under this title is based on an individual's disability if it is a disability insurance benefit, a child's, widow's, or widower's insurance benefit based on disability, or a mother's or father's insurance benefit based on the disability of the mother's or father's child who has attained age 16.". (b) Section 216(i)(2)(D) of such Act is amended by adding at the end thereof the following: "The provisions set forth in section 223(f) with respect to determinations of whether entitlement to benefits under this title or title XVIII based on the disability of any individual is terminated (on the basis of a finding that the physical or mental impairment on the basis of which such benefits are provided has ceased, does not exist, or is not disabling) shall apply in the same manner and to the same extent with respect to determinations of whether a period of disability has ended (on the basis of a finding that the physical or mental impairment on the basis of which the finding of disability was made has ceased, does not exist, or is not disabling)." (c) Section 1614(a) of such Act is amended by adding at the end thereof the following new paragraph: "(5) A recipient of benefits based on disability under this title may be determined not to be entitled to such benefits on the basis of a finding that the physical or mental impairment on the basis of which such benefits are provided has ceased, does not exist, or is not disabling only if such finding is supported by— "(A) substantial evidence which demonstrates that— "(i) there has been any medical improvement in the individual's impairment or combination of impairments (other than medical improvement which is not related to the individugd's ability to work), and "(ii) the individual is now able to engage in substantial gainful activity; or "(B) substantial evidence (except in the case of an individual eligible to receive benefits under section 1619) which— "(i) consists of new medical evidence and a new assessment of the individual's residual functional capacity, and demonstrates that— "(I) although the individual has not improved medically, he or she is nonetheless a beneficiary of advances in medical or vocational therapy or technology (related to the individual's ability to work), and "(II) the individual is now able to engage in substantial gainful activity, or

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