Social Security Disability Insurance Return to Work Act
This bill makes various changes to Social Security Disability Insurance (SSDI), with a particular focus on returning individuals who receive SSDI to employment. Among other changes, the bill limits the amount of time an individual with a disability for which medical improvement is likely or expected may receive SSDI benefits, and it requires the Social Security Administration to establish a process to allow such individuals who return to employment before their benefits expire and whose earnings exceed a specified limit to receive an adjusted SSDI benefit.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4823 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4823
To help individuals receiving disability insurance benefits under title
II of the Social Security Act obtain rehabilitative services and return
to the workforce, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 29, 2021
Mr. Hill (for himself and Mr. Huizenga) introduced the following bill;
which was referred to the Committee on Ways and Means
_______________________________________________________________________
A BILL
To help individuals receiving disability insurance benefits under title
II of the Social Security Act obtain rehabilitative services and return
to the workforce, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Social Security
Disability Insurance Return to Work Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Information relating to the Ticket to Work and Self-Sufficiency
Program.
Sec. 3. Revising disability classifications.
Sec. 4. Requiring periodic continuing disability reviews for certain
beneficiaries.
Sec. 5. Regulations related to disability classifications and CDRs.
Sec. 6. Time-limiting disability benefits for MIE and MIL individuals.
Sec. 7. Encouraging work by MIE and MIL individuals.
Sec. 8. Increased funding for continuing disability reviews.
Sec. 9. Work opportunity tax credit for hiring social security
disability beneficiaries.
SEC. 2. INFORMATION RELATING TO THE TICKET TO WORK AND SELF-SUFFICIENCY
PROGRAM.
Section 1148(d) of the Social Security Act (42 U.S.C. 1320b-19(d))
is amended by adding at the end the following:
``(8) Program advertisement.--The Commissioner of Social
Security shall disseminate information relating to
participation in the Program to each disabled beneficiary at
the time of such beneficiary's entitlement to benefits and
every 6 months thereafter.''.
SEC. 3. REVISING DISABILITY CLASSIFICATIONS.
Section 221 of the Social Security Act (42 U.S.C. 421) is amended
by adding at the end the following new subsection:
``(n)(1) Not later than 1 year after the date of the enactment of
this subsection, the Commissioner of Social Security shall establish a
system for classifying any individual who is determined to be entitled
to disability insurance benefits under this title or to monthly
benefits under section 202 by reason of being under a disability in the
following manner:
``(A) An individual shall be classified as `medical
improvement expected' if the impairment or combination of
impairments causing the individual to be disabled is expected
to medically improve to the point where the individual will no
longer be disabled in 12 to 24 months.
``(B) An individual shall be classified as `medical
improvement likely' if the impairment or combination of
impairments causing the individual to be disabled is expected
to medically improve to the point where the individual will no
longer be disabled in 25 months to 60 months.
``(C) An individual shall be classified as `medical
improvement possible' if the impairment or combination of
impairments causing the individual to be disabled is not
expected to medically improve to the point where the individual
will no longer be disabled in 60 months, but future improvement
is possible.
``(D) An individual shall be classified as `medical
improvement not expected' if the individual has an impairment
or combination of impairments that is chronic or progressive
with permanent, irreversible structural or functional loss, and
for which there is no known effective therapy, treatment, or
surgical intervention that could result in medical improvement
to the point where the individual is no longer disabled.
``(2) In classifying an individual under the system established
under this subsection, the Commissioner of Social Security shall not
classify an individual as `medical improvement not expected' solely by
reason of such individual's age where a lesser classification is
appropriate.
``(3) Notwithstanding section 205(b)(1) or subsection (c)(1) or (d)
of this section, there shall be no review of, or right to appeal, a
classification made under the system established under this
subsection.''.
SEC. 4. REQUIRING PERIODIC CONTINUING DISABILITY REVIEWS FOR CERTAIN
BENEFICIARIES.
(a) In General.--Section 221(i) of the Social Security Act (42
U.S.C. 421(i)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1)(A) In the case of any individual who has not attained age 63,
is determined to be under a disability, and is classified as `medical
improvement possible' or `medical improvement not expected', the
applicable State agency or the Commissioner of Social Security (as may
be appropriate) shall, for purposes of determining such individual's
continuing disability--
``(i) if the individual is classified as `medical
improvement possible', conduct a review to determine whether
the individual remains under a disability during the 5th year
following the first month after the individual's waiting period
(as defined in section 223(c)(2)); and
``(ii) if the individual is classified as `medical
improvement not expected', conduct a review to determine
whether the individual remains under a disability during the
10th year following the first month after the individual's
waiting period (as so defined).
``(B) In addition to the continuing disability reviews required
under subparagraph (A) and notwithstanding how an individual is
classified under the system established by the Commissioner of Social
Security under subsection (n), if the Commissioner has reason to
believe that an individual that has been determined to be under a
disability is not under a disability, the Commissioner may review such
individual's case at such time and in such manner as the Commissioner
determines appropriate except that the Commissioner shall not initiate
a review on the basis of income earned by an individual who is a
participant in the process established under section 223(l).
``(C) Reviews of cases which are required or permitted under this
paragraph shall be in addition to, and shall not be considered as a
substitute for, any other reviews which are required or provided for
under or in the administration of this title.'';
(2) by striking paragraph (2); and
(3) by redesignating paragraphs (3) through (5) as
paragraphs (2) through (4), respectively.
(b) Standard of Review for Continuing Disability Reviews.--
(1) In general.--Section 223(f) of the Social Security Act
(42 U.S.C. 423(f)) is amended--
(A) in paragraph (4), by striking the period at the
end and inserting ``; or'';
(B) by inserting after paragraph (4) the following
new paragraph:
``(5) in the case of a continuing disability review under
section 221(i), evidence that would be sufficient to support a
finding in an initial determination that the individual is not
under a disability and is able to engage in substantial gainful
activity.''; and
(C) in the flush matter at the end, by inserting
``, except that, in the case of a continuing disability
review under section 221(i), the Commissioner shall not
consider the fact that an individual is engaged in
substantial gainful work as part of the process
established under subsection (l) as evidence that the
individual is able to engage in substantial gainful
activity'' after ``secured by the Commissioner of
Social Security''.
(2) Conforming amendment to definition of disability.--
Section 223(d)(2) of the Social Security Act (42 U.S.C.
423(d)(2)) is amended--
(A) in subparagraph (A), by striking ``An
individual'' and inserting ``Subject to subparagraph
(D), an individual''; and
(B) by adding at the end the following new
subparagraph:
``(D) In the case of a continuing disability review under
section 221(i), an individual may be found to be under a
disability even though the individual is engaged in substantial
gainful work as part of the process established under
subsection (l).''.
SEC. 5. REGULATIONS RELATED TO DISABILITY CLASSIFICATIONS AND CDRS.
The Commissioner of Social Security shall promulgate or revise, as
appropriate, regulations relating to the determination, classification,
and review of the disability status of individuals who apply for or
receive disability insurance benefits under title II of the Social
Security Act and related provisions of agency guidance to carry out
section 3 and the amendments made by section 4.
SEC. 6. TIME-LIMITING DISABILITY BENEFITS FOR MIE AND MIL INDIVIDUALS.
Section 223 of the Social Security Act (42 U.S.C. 423) is amended--
(1) in subsection (a)(1), in the flush language after and
below subparagraph (E), by striking ``subsection (e)'' and
inserting ``subsections (e) and (k)''; and
(2) by adding at the end the following new subsection:
``Time-Limited Disability Benefits
``(k)(1) In the case of an individual who files an application for
disability insurance benefits under this section or for monthly
benefits under section 202 by reason of being under a disability for
any month that begins on or after the date that is 1 year after the
date of the enactment of the Social Security Disability Insurance
Return to Work Act, is determined to be under a disability, and is
classified by the Commissioner of Social Security as `medical
improvement expected' or `medical improvement likely', the termination
month applicable to the individual shall be--
``(A) if the individual has been classified as `medical
improvement expected', the 23rd month following the first month
after the individual's waiting period (as defined in subsection
(c)(2)); or
``(B) if the individual has been classified as `medical
improvement likely', the 59th month following the first month
after the individual's waiting period (as so defined).
``(2)(A)(i) For purposes of this paragraph, the term `timely
reapplication' means an application for disability insurance benefits
under this section or for monthly benefits under section 202 by reason
of being under a disability that is submitted--
``(I) by an individual who is a recipient of such benefits;
and
``(II) during the period that is 14 months before the end
of the termination month applicable (or most recently
applicable) to the individual under paragraph (1) as of the
date of such application and ending with the date that is 12
months before the end of such termination month.
``(ii) Notwithstanding clause (i), the Commissioner of Social
Security may deem an application for disability insurance benefits
under this section or for monthly benefits under section 202 by reason
of being under a disability submitted by an individual who is a
recipient of such benefits that is submitted after the period described
in clause (i)(II) to be a timely reapplication if--
``(I) the individual can show good cause for why the
application was not submitted during such period; and
``(II) the application is submitted not later than 6 months
before the end of the termination month applicable (or most
recently applicable) to the individual under paragraph (1) as
of the date of such application.
``(B)(i) An individual who submits a timely reapplication and who
is determined to be under a disability shall be deemed to have
satisfied the waiting period applicable under subsection (c)(2).
``(ii)(I) If the Commissioner of Social Security fails to make an
initial determination with respect to the timely reapplication of an
individual who is a recipient of disability insurance benefits under
this section or monthly benefits under section 202 by reason of being
under a disability before the end of the termination month applicable
to the individual as of the date of such reapplication, such individual
shall continue to be entitled to such benefits until an initial
determination with respect to such timely reapplication is made.
``(II) If the Commissioner of Social Security makes an initial
adverse determination with respect to the timely reapplication of an
individual who is a recipient of disability insurance benefits under
this section or monthly benefits under section 202 by reason of being
under a disability and such individual files a timely request for a
hearing under section 221(d), such individual may elect to have the
payment of such benefits (as well as any other benefits payable under
this title or title XVIII on the basis of such individual's entitlement
to such benefits) continue in the same manner and subject to the same
conditions as an election made under subsection (g).
``(C) For purposes of reviewing a timely reapplication submitted by
an individual who is a recipient of disability insurance benefits under
this section or monthly benefits under section 202 by reason of being
under a disability--
``(i) the fact that the individual was previously found to
be under a disability shall have no evidentiary weight;
``(ii) the fact that the individual participated in the
process established under subsection (l) may be taken into
account for purposes of determining whether such individual is
under a disability; and
``(iii) subsection (f) shall not apply.''.
SEC. 7. ENCOURAGING WORK BY MIE AND MIL INDIVIDUALS.
(a) In General.--Section 223 of the Social Security Act (42 U.S.C.
423), as amended by section 6, is further amended--
(1) in subsection (a)(2), by striking ``section 202(q) and
section 215(b)(2)(A)(ii)'' and inserting ``subsection (l) and
sections 202(q) and 215(b)(2)(A)(ii)''; and
(2) by adding at the end the following new subsection:
``Treatment of Work Performed by Certain Disabled Individuals
``(l)(1) The Commissioner of Social Security shall establish a
process whereby an eligible individual who is entitled to a disability
insurance benefit under this section may elect to return to employment
and receive an adjusted disability insurance benefit amount (as
determined pursuant to paragraph (3)).
``(2)(A) For purposes of this subsection, the term `eligible
individual' means an individual who has been classified as `medical
improvement expected' or `medical improvement likely'.
``(B) Participation by an eligible individual in the process
established under this subsection shall be suspended if such individual
has no reported wages or self-employment income for the 4 preceding
calendar quarters (as defined in section 213(a)(1)).
``(3)(A) For purposes of subsection (a)(2), the amount of the
disability insurance benefit provided to an eligible individual who has
elected to return to employment for any month shall be equal to--
``(i) in the case of an individual who has average monthly
earnings (as determined under subparagraph (B)) equal to or
less than the level of monthly earnings established by the
Commissioner to represent substantial gainful activity, the
amount otherwise applicable for such individual under
subsection (a)(2); or
``(ii) in the case of an individual who has average monthly
earnings (as determined under subparagraph (B)) that are in
excess of the level of monthly earnings established by the
Commissioner to represent substantial gainful activity, the
amount of the disability insurance benefit that would otherwise
apply for such individual under subsection (a)(2) reduced (but
not below zero) by an amount equal to 50 percent of the excess
of such individual's average monthly earnings over the level of
monthly earnings established by the Commissioner to represent
substantial gainful activity.
``(B)(i) The average monthly earnings for an eligible individual
shall be equal to the quotient of--
``(I) the total amount of wages and self-employment income
for such individual in any eligible months during the 2
calendar quarters (as defined in section 213(a)(1)) that
precede the most recently completed calendar quarter; and
``(II) the total number of eligible months during such 2-
calendar-quarter period.
``(ii) For purposes of clause (i), the term `eligible month' means
any month subsequent to the month in which an eligible individual
became entitled to a disability insurance benefit.
``(4) For purposes of paragraph (3)(B), wages and self-employment
income of an individual shall be determined based on relevant
information for such individual as provided by the State agency
responsible for the administration of State unemployment compensation
law.
``(5) For purposes of an eligible individual who has elected to
return to employment under this subsection, any services performed or
earnings derived from services during the period of such participation
shall not be considered for purposes of demonstrating an individual's
ability to engage in substantial gainful activity under subsection
(d)(4) and shall not be considered substantial gainful activity for
purposes of subsection (e).
``(6) For purposes of this title, the disability insurance benefit
received by an individual under this subsection shall not be applied
for purposes of determining any monthly benefits payable to any other
individuals entitled to benefits for any month based on the wages and
self-employment income of such individual.''.
(b) Conforming Amendment.--Section 221(m)(2)(B) of the Social
Security Act (42 U.S.C. 421(m)(2)(B)) is amended by inserting ``(unless
such individual is participating in the process established under
section 223(l))'' before the period.
(c) Effective Date.--The amendments made by this section shall
apply to benefits payable for months beginning on or after April 1,
2022.
SEC. 8. INCREASED FUNDING FOR CONTINUING DISABILITY REVIEWS.
Notwithstanding any other provision of law, for any calendar year
after 2021--
(1) the Commissioner of Social Security shall determine the
amount of any reduction in expenditures from the Federal
Disability Insurance Trust Fund (as defined in section 201(b)
of the Social Security Act (42 U.S.C. 401(b))) during the
preceding calendar year by reason of the provisions of this Act
and the amendments made by this Act; and
(2) 10 percent of the amount determined under paragraph (1)
shall be authorized to be made available from the Federal
Disability Insurance Trust Fund for continuing disability
reviews (as defined in section 201(g)(1)(A) of the Social
Security Act (42 U.S.C. 401(g)(1)(A))).
SEC. 9. WORK OPPORTUNITY TAX CREDIT FOR HIRING SOCIAL SECURITY
DISABILITY BENEFICIARIES.
(a) In General.--Section 51(d) of the Internal Revenue Code of 1986
is amended--
(1) in paragraph (1)--
(A) in subparagraph (I), by striking ``or'';
(B) in subparagraph (J), by striking the period and
inserting ``, or''; and
(C) by adding at the end the following:
``(K) a qualified social security disability
insurance beneficiary.''; and
(2) by adding at the end the following:
``(16) Qualified social security disability insurance
beneficiary.--The term `qualified social security disability
insurance beneficiary' means any individual who is certified by
the designated local agency as being entitled to disability
insurance benefits under title II of the Social Security Act
for any month ending within the 60-day period ending on the
hiring date.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to individuals who begin work for the employer after December 31,
2021.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
Referred to the Subcommittee on Social Security.
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