§1383b — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Commissioner of Social Security may set up whatever administrative steps are needed to run this program. That can include using the same rules and processes used for other disability decisions. If someone is being judged blind, they must be examined by an eye doctor who treats eye diseases or by an optometrist, and the person can pick which one. If the Commissioner starts a review of a case, the person must be told in the same way people are told for other disability reviews. There are also rules for pausing reviews when someone uses a ticket to work. The Commissioner must write rules about time limits and other parts of a plan to become self-supporting, taking into account how long it will take to reach the job goal and other appropriate factors. The Commissioner must review State agency decisions that say a person age 18 or older was blind or disabled as of a certain date before acting on them. At least 20% of those decisions made in fiscal year 2006, 40% in fiscal year 2007, and 50% in fiscal year 2008 and later must be reviewed. When possible, the Commissioner should pick the cases most likely to be wrong.

Title 42, §1383b

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Subject to subsection (b), the Commissioner of Social Security may make such administrative and other arrangements (including arrangements for the determination of blindness and disability under section 1382c(a)(2) and (3) of this title in the same manner and subject to the same conditions as provided with respect to disability determinations under section 421 of this title) as may be necessary or appropriate to carry out the Commissioner’s functions under this subchapter.

(b)In determining, for purposes of this subchapter, whether an individual is blind, there shall be an examination of such individual by a physician skilled in the diseases of the eye or by an optometrist, whichever the individual may select.

(c)(1)In any case in which the Commissioner of Social Security initiates a review under this subchapter, similar to the continuing disability reviews authorized for purposes of subchapter II under section 421(i) of this title, the Commissioner of Social Security shall notify the individual whose case is to be reviewed in the same manner as required under section 421(i)(4) of this title.

(2)For suspension of continuing disability reviews and other reviews under this subchapter similar to reviews under section 421 of this title in the case of an individual using a ticket to work and self-sufficiency, see section 1320b–19(i) of this title.

(d)The Commissioner of Social Security shall establish by regulation criteria for time limits and other criteria related to individuals’ plans for achieving self-support, that take into account—

(1)the length of time that the individual will need to achieve the individual’s employment goal (within such reasonable period as the Commissioner of Social Security may establish); and

(2)other factors determined by the Commissioner of Social Security to be appropriate.

(e)(1)The Commissioner of Social Security shall review determinations, made by State agencies pursuant to subsection (a) in connection with applications for benefits under this subchapter on the basis of blindness or disability, that individuals who have attained 18 years of age are blind or disabled as of a specified onset date. The Commissioner of Social Security shall review such a determination before any action is taken to implement the determination.

(2)(A)In carrying out paragraph (1), the Commissioner of Social Security shall review—

(i)at least 20 percent of all determinations referred to in paragraph (1) that are made in fiscal year 2006;

(ii)at least 40 percent of all such determinations that are made in fiscal year 2007; and

(iii)at least 50 percent of all such determinations that are made in fiscal year 2008 or thereafter.

(B)In carrying out subparagraph (A), the Commissioner of Social Security shall, to the extent feasible, select for review the determinations which the Commissioner of Social Security identifies as being the most likely to be incorrect.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2006—Subsec. (e). Pub. L. 109–171 added subsec. (e). 1999—Subsec. (c). Pub. L. 106–170 designated existing provisions as par. (1) and added par. (2). 1994—Subsec. (a). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” and “the Commissioner’s” for “his”. Subsec. (c). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” in two places. Subsec. (d). Pub. L. 103–296, § 203(a), added subsec. (d). Pub. L. 103–296, § 107(a)(4), in subsec. (d) as added by Pub. L. 103–296, § 203(a), substituted “Commissioner of Social Security” for “Secretary” wherever appearing. 1984—Subsec. (c). Pub. L. 98–460 added subsec. (c). 1973—Subsec. (a). Pub. L. 93–66, § 214(1), (2), designated existing provisions as subsec. (a) and made the authority of the Secretary subject to subsec. (b) of this section. Subsec. (b). Pub. L. 93–66, § 214(3), added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date

of 2006 AmendmentAmendment by Pub. L. 109–171 effective as if enacted on Oct. 1, 2005, except as otherwise provided, see section 7701 of Pub. L. 109–171, set out as a note under section 603 of this title.

Effective Date

of 1999 AmendmentAmendment by Pub. L. 106–170 effective with the first month following one year after Dec. 17, 1999, subject to section 101(d) of Pub. L. 106–170, see section 101(c) of Pub. L. 106–170, set out as an

Effective Date

note under section 1320b–19 of this title.

Effective Date

of 1994 AmendmentAmendment by section 107(a)(4) of Pub. L. 103–296 effective Mar. 31, 1995, see section 110(a) of Pub. L. 103–296, set out as a note under section 401 of this title. Pub. L. 103–296, title II, § 203(b), Aug. 15, 1994, 108 Stat. 1508, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on January 1, 1995.”

Effective Date

Pub. L. 92–603, title III, § 301, Oct. 30, 1972, 86 Stat. 1465, provided that this section is effective Jan. 1, 1974. Institution of Notification SystemFor provisions requiring the Secretary to institute the system of notification required by subsec. (c) of this section as soon as practicable after Oct. 9, 1984, see section 6(c) of Pub. L. 98–460, set out as a note under section 421 of this title. Federal Program of Supplemental Security Income; Preference for Present State and Local Employees Pub. L. 93–66, title II, § 213, July 9, 1973, 87 Stat. 158, provided that: “The Secretary of Health, Education, and Welfare [now Health and Human Services] in the recruitment and selection for employment of personnel whose services will be utilized in the administration of the Federal program of supplemental security income for the aged, blind, and disabled (established by title XVI of the Social Security Act [this subchapter]), shall give a preference, as among applicants whose qualifications are reasonably equal (subject to any preferences conferred by law or regulation on individuals who have been Federal employees and have been displaced from such employment), to applicants for employment who are or were employed in the administration of any State program approved under title I, X, XIV, or XVI of such Act [42 U.S.C. 301 et seq., 1201 et seq., 1351 et seq., 1381 et seq.] and are or were involuntarily displaced from their employment as a result of the displacement of such State program by such Federal program.” Application to Northern Mariana IslandsFor applicability of this section to the Northern Mariana Islands, see section 502(a)(1) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America and Proc. No. 4534, Oct. 24, 1977, 42 F.R. 6593, set out as notes under section 1801 of Title 48, Territories and Insular Possessions. Puerto Rico, Guam, and Virgin IslandsEnactment of provisions of Pub. L. 92–603, eff. Jan. 1, 1974, not applicable to Puerto Rico, Guam, and the Virgin Islands, see section 303(b) of Pub. L. 92–603, set out as a note under section 301 of this title.

§1383b Administration

Summary

Title 42, §1383b

Notes & Related Subsidiaries

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Amendments

Statutory Notes and Related Subsidiaries

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