Language Equity in Social Security Act of 2020

Language Equity in Social Security Act of 2020

This bill requires the Social Security Administration (SSA) to take into account an individual's linguistic limitations, including any lack of facility with the English language, when determining if the individual has a disability for purposes of eligibility for Social Security Disability Insurance benefits or Supplemental Security Income. SSA regulations scheduled to take effect on April 27, 2020, eliminate an individual's inability to communicate in English as an educational factor for purposes of determining whether the individual can make an adjustment to perform other work.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5970 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 5970

  To amend titles II and XVI of the Social Security Act to direct the 
 Commissioner of Social Security to consider linguistic limitations in 
           disability determinations, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 25, 2020

 Ms. Scanlon introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
  To amend titles II and XVI of the Social Security Act to direct the 
 Commissioner of Social Security to consider linguistic limitations in 
           disability determinations, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Language Equity in Social Security 
Act of 2020''.

SEC. 2. CONSIDERATION OF LINGUISTIC LIMITATIONS IN DISABILITY 
              DETERMINATIONS.

    (a) Amendment to Title II.--Section 223(d)(2) of the Social 
Security Act (42 U.S.C. 423(d)(2)) is amended--
            (1) by redesignating subparagraph (C) as subparagraph (D); 
        and
            (2) by inserting after subparagraph (B) the following:
            ``(C) In considering an individual's education for purposes 
        of subparagraph (A), the Commissioner of Social Security shall 
        specifically take into account as an adverse factor any 
        linguistic limitation such individual may have (including any 
        lack of facility with the English language).''.
    (b) Amendment to Title XVI.--Section 1614(a)(3)(B) of the Social 
Security Act (42 U.S.C. 1382c(a)(3)(B)) is amended by striking ``For 
purposes of the preceding sentence'' and all that follows through the 
end and inserting ``For purposes of the preceding sentence (with 
respect to any individual)--
            ``(i) `work which exists in the national economy' means 
        work which exists in significant numbers either in the region 
        where such individual lives or in several regions of the 
        country; and
            ``(ii) in considering an individual's education, the 
        Commissioner of Social Security shall specifically take into 
        account as an adverse factor any linguistic limitation such 
        individual may have (including any lack of facility with the 
        English language).''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to determinations of disability occurring after the 
date of enactment of this Act.
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