All Agencies, Latest Month All Agencies, Current FY Geographic Distribution
of Convictions for
All Agencies, FY 2014
1 Prosecution
in September 2014
9 Prosecutions
in Fiscal Year 2014
1 Conviction
in September 2014
12 Convictions
in Fiscal Year 2014

CITE

    42 USC Sec. 1383                                            01/08/2008

EXPCITE

    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 7 - SOCIAL SECURITY
    SUBCHAPTER XVI - SUPPLEMENTAL SECURITY INCOME FOR AGED, BLIND, AND
           DISABLED
    Part B - Procedural and General Provisions

HEAD

    Sec. 1383. Procedure for payment of benefits

STATUTE

    (a) Time, manner, form, and duration of payments; representative
      payees; promulgation of regulations
      (1) Benefits under this subchapter shall be paid at such time or
    times and (subject to paragraph (10)) in such installments as will
    best effectuate the purposes of this subchapter, as determined
    under regulations (and may in any case be paid less frequently than
    monthly where the amount of the monthly benefit would not exceed
    $10).
      (2)(A)(i) Payments of the benefit of any individual may be made
    to any such individual or to the eligible spouse (if any) of such
    individual or partly to each.
      (ii)(I) Upon a determination by the Commissioner of Social
    Security that the interest of such individual would be served
    thereby, such payments shall be made, regardless of the legal
    competency or incompetency of the individual or eligible spouse, to
    another individual, or an organization, with respect to whom the
    requirements of subparagraph (B) have been met (in this paragraph
    referred to as such individual's "representative payee") for the
    use and benefit of the individual or eligible spouse.
      (II) In the case of an individual eligible for benefits under
    this subchapter by reason of disability, the payment of such
    benefits shall be made to a representative payee if the
    Commissioner of Social Security determines that such payment would
    serve the interest of the individual because the individual also
    has an alcoholism or drug addiction condition (as determined by the
    Commissioner) and the individual is incapable of managing such
    benefits.
      (iii) If the Commissioner of Social Security or a court of
    competent jurisdiction determines that the representative payee of
    an individual or eligible spouse has misused any benefits which
    have been paid to the representative payee pursuant to clause (ii)
    or section 405(j)(1) or 1007 of this title, the Commissioner of
    Social Security shall promptly terminate payment of benefits to the
    representative payee pursuant to this subparagraph, and provide for
    payment of benefits to an alternative representative payee of the
    individual or eligible spouse or, if the interest of the individual
    under this subchapter would be served thereby, to the individual or
    eligible spouse.
      (iv) For purposes of this paragraph, misuse of benefits by a
    representative payee occurs in any case in which the representative
    payee receives payment under this subchapter for the use and
    benefit of another person and converts such payment, or any part
    thereof, to a use other than for the use and benefit of such other
    person. The Commissioner of Social Security may prescribe by
    regulation the meaning of the term "use and benefit" for purposes
    of this clause.
      (B)(i) Any determination made under subparagraph (A) for payment
    of benefits to the representative payee of an individual or
    eligible spouse shall be made on the basis of -
        (I) an investigation by the Commissioner of Social Security of
      the person to serve as representative payee, which shall be
      conducted in advance of such payment, and shall, to the extent
      practicable, include a face-to-face interview with such person;
      and
        (II) adequate evidence that such payment is in the interest of
      the individual or eligible spouse (as determined by the
      Commissioner of Social Security in regulations).
      (ii) As part of the investigation referred to in clause (i)(I),
    the Commissioner of Social Security shall -
        (I) require the person being investigated to submit documented
      proof of the identity of such person, unless information
      establishing such identity was submitted with an application for
      benefits under subchapter II of this chapter, subchapter VIII of
      this chapter, or this subchapter;
        (II) verify the social security account number (or employer
      identification number) of such person;
        (III) determine whether such person has been convicted of a
      violation of section 408, 1011, or 1383a of this title;
        (IV) obtain information concerning whether the person has been
      convicted of any other offense under Federal or State law which
      resulted in imprisonment for more than 1 year;
        (V) obtain information concerning whether such person is a
      person described in section 1382(e)(4)(A) of this title; and
        (VI) determine whether payment of benefits to such person has
      been terminated pursuant to subparagraph (A)(iii), whether the
      designation of such person as a representative payee has been
      revoked pursuant to section 1007(a) of this title, and whether
      certification of payment of benefits to such person has been
      revoked pursuant to section 405(j) of this title, by reason of
      misuse of funds paid as benefits under subchapter II of this
      chapter, subchapter VIII of this chapter, or this subchapter.
      (iii) Benefits of an individual may not be paid to any other
    person pursuant to subparagraph (A)(ii) if -
        (I) such person has previously been convicted as described in
      clause (ii)(III);
        (II) except as provided in clause (iv), payment of benefits to
      such person pursuant to subparagraph (A)(ii) has previously been
      terminated as described in clause (ii)(VI), the designation of
      such person as a representative payee has been revoked pursuant
      to section 1007(a) of this title, or certification of payment of
      benefits to such person under section 405(j) of this title has
      previously been revoked as described in section
      405(j)(2)(B)(i)(VI) of this title;
        (III) except as provided in clause (v), such person is a
      creditor of such individual who provides such individual with
      goods or services for consideration;
        (IV) the person has previously been convicted as described in
      clause (ii)(IV) of this subparagraph, unless the Commissioner
      determines that the payment would be appropriate notwithstanding
      the conviction; or
        (V) such person is a person described in section 1382(e)(4)(A)
      of this title.
      (iv) The Commissioner of Social Security shall prescribe
    regulations under which the Commissioner of Social Security may
    grant an exemption from clause (iii)(II) to any person on a case-by-
    case basis if such exemption would be in the best interest of the
    individual or eligible spouse whose benefits under this subchapter
    would be paid to such person pursuant to subparagraph (A)(ii).
      (v) Clause (iii)(III) shall not apply with respect to any person
    who is a creditor referred to therein if such creditor is -
        (I) a relative of such individual if such relative resides in
      the same household as such individual;
        (II) a legal guardian or legal representative of such
      individual;
        (III) a facility that is licensed or certified as a care
      facility under the law of a State or a political subdivision of a
      State;
        (IV) a person who is an administrator, owner, or employee of a
      facility referred to in subclause (III) if such individual
      resides in such facility, and the payment of benefits under this
      subchapter to such facility or such person is made only after
      good faith efforts have been made by the local servicing office
      of the Social Security Administration to locate an alternative
      representative payee to whom the payment of such benefits would
      serve the best interests of such individual; or
        (V) an individual who is determined by the Commissioner of
      Social Security, on the basis of written findings and under
      procedures which the Commissioner of Social Security shall
      prescribe by regulation, to be acceptable to serve as a
      representative payee.
      (vi) The procedures referred to in clause (v)(V) shall require
    the individual who will serve as representative payee to establish,
    to the satisfaction of the Commissioner of Social Security, that -
        (I) such individual poses no risk to the beneficiary;
        (II) the financial relationship of such individual to the
      beneficiary poses no substantial conflict of interest; and
        (III) no other more suitable representative payee can be found.
      (vii) In the case of an individual described in subparagraph
    (A)(ii)(II), when selecting such individual's representative payee,
    preference shall be given to -
        (I) a certified community-based nonprofit social service agency
      (as defined in subparagraph (I));
        (II) a Federal, State, or local government agency whose mission
      is to carry out income maintenance, social service, or health
      care-related activities;
        (III) a State or local government agency with fiduciary
      responsibilities; or
        (IV) a designee of an agency (other than of a Federal agency)
      referred to in the preceding subclauses of this clause, if the
      Commissioner of Social Security deems it appropriate,
    unless the Commissioner of Social Security determines that
    selection of a family member would be appropriate.
      (viii) Subject to clause (ix), if the Commissioner of Social
    Security makes a determination described in subparagraph (A)(ii)
    with respect to any individual's benefit and determines that direct
    payment of the benefit to the individual would cause substantial
    harm to the individual, the Commissioner of Social Security may
    defer (in the case of initial entitlement) or suspend (in the case
    of existing entitlement) direct payment of such benefit to the
    individual, until such time as the selection of a representative
    payee is made pursuant to this subparagraph.
      (ix)(I) Except as provided in subclause (II), any deferral or
    suspension of direct payment of a benefit pursuant to clause (viii)
    shall be for a period of not more than 1 month.
      (II) Subclause (I) shall not apply in any case in which the
    individual or eligible spouse is, as of the date of the
    Commissioner's determination, legally incompetent, under the age of
    15 years, or described in subparagraph (A)(ii)(II).
      (x) Payment pursuant to this subparagraph of any benefits which
    are deferred or suspended pending the selection of a representative
    payee shall be made to the individual, or to the representative
    payee upon such selection, as a single sum or over such period of
    time as the Commissioner of Social Security determines is in the
    best interests of the individual entitled to such benefits.
      (xi) Any individual who is dissatisfied with a determination by
    the Commissioner of Social Security to pay such individual's
    benefits to a representative payee under this subchapter, or with
    the designation of a particular person to serve as representative
    payee, shall be entitled to a hearing by the Commissioner of Social
    Security, and to judicial review of the Commissioner's final
    decision, to the same extent as is provided in subsection (c) of
    this section.
      (xii) In advance of the first payment of an individual's benefit
    to a representative payee under subparagraph (A)(ii), the
    Commissioner of Social Security shall provide written notice of the
    Commissioner's initial determination to make any such payment. Such
    notice shall be provided to such individual, except that, if such
    individual -
        (I) is under the age of 15,
        (II) is an unemancipated minor under the age of 18, or
        (III) is legally incompetent,
    then such notice shall be provided solely to the legal guardian or
    legal representative of such individual.
      (xiii) Any notice described in clause (xii) shall be clearly
    written in language that is easily understandable to the reader,
    shall identify the person to be designated as such individual's
    representative payee, and shall explain to the reader the right
    under clause (xi) of such individual or of such individual's legal
    guardian or legal representative -
        (I) to appeal a determination that a representative payee is
      necessary for such individual,
        (II) to appeal the designation of a particular person to serve
      as the representative payee of such individual, and
        (III) to review the evidence upon which such designation is
      based and submit additional evidence.
      (xiv) Notwithstanding the provisions of section 552a of title 5
    or any other provision of Federal or State law (other than section
    6103 of the Internal Revenue Code of 1986 and section 1306(c) of
    this title), the Commissioner shall furnish any Federal, State, or
    local law enforcement officer, upon the written request of the
    officer, with the current address, social security account number,
    and photograph (if applicable) of any person investigated under
    this subparagraph, if the officer furnishes the Commissioner with
    the name of such person and such other identifying information as
    may reasonably be required by the Commissioner to establish the
    unique identity of such person, and notifies the Commissioner that -
        (I) such person is described in section 1382(e)(4)(A) of this
      title,
        (II) such person has information that is necessary for the
      officer to conduct the officer's official duties, and
        (III) the location or apprehension of such person is within the
      officer's official duties.
      (C)(i) In any case where payment is made under this subchapter to
    a representative payee of an individual or spouse, the Commissioner
    of Social Security shall establish a system of accountability
    monitoring whereby such person shall report not less often than
    annually with respect to the use of such payments. The Commissioner
    of Social Security shall establish and implement statistically
    valid procedures for reviewing such reports in order to identify
    instances in which such persons are not properly using such
    payments.
      (ii) Clause (i) shall not apply in any case where the
    representative payee is a State institution. In such cases, the
    Commissioner of Social Security shall establish a system of
    accountability monitoring for institutions in each State.
      (iii) Clause (i) shall not apply in any case where the individual
    entitled to such payment is a resident of a Federal institution and
    the representative payee is the institution.
      (iv) Notwithstanding clauses (i), (ii), and (iii), the
    Commissioner of Social Security may require a report at any time
    from any representative payee, if the Commissioner of Social
    Security has reason to believe that the representative payee is
    misusing such payments.
      (v) In any case in which the person described in clause (i) or
    (iv) receiving payments on behalf of another fails to submit a
    report required by the Commissioner of Social Security under clause
    (i) or (iv), the Commissioner may, after furnishing notice to the
    person and the individual entitled to the payment, require that
    such person appear in person at a field office of the Social
    Security Administration serving the area in which the individual
    resides in order to receive such payments.
      (D)(i) Except as provided in the next sentence, a qualified
    organization may collect from an individual a monthly fee for
    expenses (including overhead) incurred by such organization in
    providing services performed as such individual's representative
    payee pursuant to subparagraph (A)(ii) if the fee does not exceed
    the lesser of -
        (I) 10 percent of the monthly benefit involved, or
        (II) $25.00 per month ($50.00 per month in any case in which an
      individual is described in subparagraph (A)(ii)(II)).
    A qualified organization may not collect a fee from an individual
    for any month with respect to which the Commissioner of Social
    Security or a court of competent jurisdiction has determined that
    the organization misused all or part of the individual's benefit,
    and any amount so collected by the qualified organization for such
    month shall be treated as a misused part of the individual's
    benefit for purposes of subparagraphs (E) and (F). The Commissioner
    of Social Security shall adjust annually (after 1995) each dollar
    amount set forth in subclause (II) of this clause under procedures
    providing for adjustments in the same manner and to the same extent
    as adjustments are provided for under the procedures used to adjust
    benefit amounts under section 415(i)(2)(A) of this title, except
    that any amount so adjusted that is not a multiple of $1.00 shall
    be rounded to the nearest multiple of $1.00. Any agreement
    providing for a fee in excess of the amount permitted under this
    clause shall be void and shall be treated as misuse by the
    organization of such individual's benefits.
      (ii) For purposes of this subparagraph, the term "qualified
    organization" means any State or local government agency whose
    mission is to carry out income maintenance, social service, or
    health care-related activities, any State or local government
    agency with fiduciary responsibilities, or any certified community-
    based nonprofit social service agency (as defined in subparagraph
    (I)), if the agency, in accordance with any applicable regulations
    of the Commissioner of Social Security -
          (I) regularly provides services as a representative payee
        pursuant to subparagraph (A)(ii) or section 405(j)(4) or 1007
        of this title concurrently to 5 or more individuals; and
          (II) demonstrates to the satisfaction of the Commissioner of
        Social Security that such agency is not otherwise a creditor of
        any such individual.
    The Commissioner of Social Security shall prescribe regulations
    under which the Commissioner of Social Security may grant an
    exception from subclause (II) for any individual on a case-by-case
    basis if such exception is in the best interests of such
    individual.
      (iii) Any qualified organization which knowingly charges or
    collects, directly or indirectly, any fee in excess of the maximum
    fee prescribed under clause (i) or makes any agreement, directly or
    indirectly, to charge or collect any fee in excess of such maximum
    fee, shall be fined in accordance with title 18, or imprisoned not
    more than 6 months, or both.
      (iv) In the case of an individual who is no longer eligible for
    benefits under this subchapter but to whom any amount of past-due
    benefits under this subchapter has not been paid, for purposes of
    clause (i), any amount of such past-due benefits payable in any
    month shall be treated as a monthly benefit referred to in clause
    (i)(I).
      (E) Restitution. - In cases where the negligent failure of the
    Commissioner of Social Security to investigate or monitor a
    representative payee results in misuse of benefits by the
    representative payee, the Commissioner of Social Security shall
    make payment to the beneficiary or the beneficiary's representative
    payee of an amount equal to such misused benefits. In any case in
    which a representative payee that -
        (i) is not an individual (regardless of whether it is a
      "qualified organization" within the meaning of subparagraph
      (D)(ii)); or
        (ii) is an individual who, for any month during a period when
      misuse occurs, serves 15 or more individuals who are
      beneficiaries under this subchapter, subchapter II of this
      chapter, subchapter VIII of this chapter, or any combination of
      such subchapters;
    misuses all or part of an individual's benefit paid to such
    representative payee, the Commissioner of Social Security shall pay
    to the beneficiary or the beneficiary's alternative representative
    payee an amount equal to the amount of such benefit so misused. The
    provisions of this subparagraph are subject to the limitations of
    subparagraph (H)(ii). The Commissioner of Social Security shall
    make a good faith effort to obtain restitution from the terminated
    representative payee.
      (F)(i)(I) Each representative payee of an eligible individual
    under the age of 18 who is eligible for the payment of benefits
    described in subclause (II) shall establish on behalf of such
    individual an account in a financial institution into which such
    benefits shall be paid, and shall thereafter maintain such account
    for use in accordance with clause (ii).
      (II) Benefits described in this subclause are past-due monthly
    benefits under this subchapter (which, for purposes of this
    subclause, include State supplementary payments made by the
    Commissioner pursuant to an agreement under section 1382e of this
    title or section 212(b) of Public Law 93-66) in an amount (after
    any withholding by the Commissioner for reimbursement to a State
    for interim assistance under subsection (g) of this section and
    payment of attorney fees under subsection (d)(2)(B) of this
    section) that exceeds the product of -
        (aa) 6, and
        (bb) the maximum monthly benefit payable under this subchapter
      to an eligible individual.
      (ii)(I) A representative payee shall use funds in the account
    established under clause (i) to pay for allowable expenses
    described in subclause (II).
      (II) An allowable expense described in this subclause is an
    expense for -
        (aa) education or job skills training;
        (bb) personal needs assistance;
        (cc) special equipment;
        (dd) housing modification;
        (ee) medical treatment;
        (ff) therapy or rehabilitation; or
        (gg) any other item or service that the Commissioner determines
      to be appropriate;
    provided that such expense benefits such individual and, in the
    case of an expense described in item (bb), (cc), (dd), (ff), or
    (gg), is related to the impairment (or combination of impairments)
    of such individual.
      (III) The use of funds from an account established under clause
    (i) in any manner not authorized by this clause -
        (aa) by a representative payee shall be considered a
      misapplication of benefits for all purposes of this paragraph,
      and any representative payee who knowingly misapplies benefits
      from such an account shall be liable to the Commissioner in an
      amount equal to the total amount of such benefits; and
        (bb) by an eligible individual who is his or her own payee
      shall be considered a misapplication of benefits for all purposes
      of this paragraph and in any case in which the individual
      knowingly misapplies benefits from such an account, the
      Commissioner shall reduce future benefits payable to such
      individual (or to such individual and his spouse) by an amount
      equal to the total amount of such benefits so misapplied.
      (IV) This clause shall continue to apply to funds in the account
    after the child has reached age 18, regardless of whether benefits
    are paid directly to the beneficiary or through a representative
    payee.
      (iii) The representative payee may deposit into the account
    established under clause (i) any other funds representing past due
    benefits under this subchapter to the eligible individual, provided
    that the amount of such past due benefits is equal to or exceeds
    the maximum monthly benefit payable under this subchapter to an
    eligible individual (including State supplementary payments made by
    the Commissioner pursuant to an agreement under section 1382e of
    this title or section 212(b) of Public Law 93-66).
      (iv) The Commissioner of Social Security shall establish a system
    for accountability monitoring whereby such representative payee
    shall report, at such time and in such manner as the Commissioner
    shall require, on activity respecting funds in the account
    established pursuant to clause (i).
      (G)(i) In addition to such other reviews of representative payees
    as the Commissioner of Social Security may otherwise conduct, the
    Commissioner shall provide for the periodic onsite review of any
    person or agency that receives the benefits payable under this
    subchapter (alone or in combination with benefits payable under
    subchapter II of this chapter or subchapter VIII of this chapter)
    to another individual pursuant to the appointment of the person or
    agency as a representative payee under this paragraph, section
    405(j) of this title, or section 1007 of this title in any case in
    which -
        (I) the representative payee is a person who serves in that
      capacity with respect to 15 or more such individuals;
        (II) the representative payee is a certified community-based
      nonprofit social service agency (as defined in subparagraph (I)
      of this paragraph or section 405(j)(10) of this title); or
        (III) the representative payee is an agency (other than an
      agency described in subclause (II)) that serves in that capacity
      with respect to 50 or more such individuals.
      (ii) Within 120 days after the end of each fiscal year, the
    Commissioner shall submit to the Committee on Ways and Means of the
    House of Representatives and the Committee on Finance of the Senate
    a report on the results of periodic onsite reviews conducted during
    the fiscal year pursuant to clause (i) and of any other reviews of
    representative payees conducted during such fiscal year in
    connection with benefits under this subchapter. Each such report
    shall describe in detail all problems identified in the reviews and
    any corrective action taken or planned to be taken to correct the
    problems, and shall include -
        (I) the number of the reviews;
        (II) the results of such reviews;
        (III) the number of cases in which the representative payee was
      changed and why;
        (IV) the number of cases involving the exercise of expedited,
      targeted oversight of the representative payee by the
      Commissioner conducted upon receipt of an allegation of misuse of
      funds, failure to pay a vendor, or a similar irregularity;
        (V) the number of cases discovered in which there was a misuse
      of funds;
        (VI) how any such cases of misuse of funds were dealt with by
      the Commissioner;
        (VII) the final disposition of such cases of misuse of funds,
      including any criminal penalties imposed; and
        (VIII) such other information as the Commissioner deems
      appropriate.
      (H)(i) If the Commissioner of Social Security or a court of
    competent jurisdiction determines that a representative payee that
    is not a Federal, State, or local government agency has misused all
    or part of an individual's benefit that was paid to the
    representative payee under this paragraph, the representative payee
    shall be liable for the amount misused, and the amount (to the
    extent not repaid by the representative payee) shall be treated as
    an overpayment of benefits under this subchapter to the
    representative payee for all purposes of this chapter and related
    laws pertaining to the recovery of the overpayments. Subject to
    clause (ii), upon recovering all or any part of the amount, the
    Commissioner shall make payment of an amount equal to the recovered
    amount to such individual or such individual's alternative
    representative payee.
      (ii) The total of the amount paid to such individual or such
    individual's alternative representative payee under clause (i) and
    the amount paid under subparagraph (E) may not exceed the total
    benefit amount misused by the representative payee with respect to
    such individual.
      (I) For purposes of this paragraph, the term "certified community-
    based nonprofit social service agency" means a community-based
    nonprofit social service agency which is in compliance with
    requirements, under regulations which shall be prescribed by the
    Commissioner, for annual certification to the Commissioner that it
    is bonded in accordance with requirements specified by the
    Commissioner and that it is licensed in each State in which it
    serves as a representative payee (if licensing is available in the
    State) in accordance with requirements specified by the
    Commissioner. Any such annual certification shall include a copy of
    any independent audit on the agency which may have been performed
    since the previous certification.
      (3) The Commissioner of Social Security may by regulation
    establish ranges of incomes within which a single amount of
    benefits under this subchapter shall apply.
      (4) The Commissioner of Social Security -
        (A) may make to any individual initially applying for benefits
      under this subchapter who is presumptively eligible for such
      benefits for the month following the date the application is
      filed and who is faced with financial emergency a cash advance
      against such benefits, including any federally-administered State
      supplementary payments, in an amount not exceeding the monthly
      amount that would be payable to an eligible individual with no
      other income for the first month of such presumptive eligibility,
      which shall be repaid through proportionate reductions in such
      benefits over a period of not more than 6 months; and
        (B) may pay benefits under this subchapter to an individual
      applying for such benefits on the basis of disability or
      blindness for a period not exceeding 6 months prior to the
      determination of such individual's disability or blindness, if
      such individual is presumptively disabled or blind and is
      determined to be otherwise eligible for such benefits, and any
      benefits so paid prior to such determination shall in no event be
      considered overpayments for purposes of subsection (b) of this
      section solely because such individual is determined not to be
      disabled or blind.
      (5) Payment of the benefit of any individual who is an aged,
    blind, or disabled individual solely by reason of blindness (as
    determined under section 1382c(a)(2) of this title) or disability
    (as determined under section 1382c(a)(3) of this title), and who
    ceases to be blind or to be under such disability, shall continue
    (so long as such individual is otherwise eligible) through the
    second month following the month in which such blindness or
    disability ceases.
      (6) Notwithstanding any other provision of this subchapter,
    payment of the benefit of any individual who is an aged, blind, or
    disabled individual solely by reason of blindness (as determined
    under section 1382c(a)(2) of this title) or disability (as
    determined under section 1382c(a)(3) of this title) shall not be
    terminated or suspended because the blindness or other physical or
    mental impairment, on which the individual's eligibility for such
    benefit is based, has or may have ceased, if -
        (A) such individual is participating in a program consisting of
      the Ticket to Work and Self-Sufficiency Program under section
      1320b-19 of this title or another program of vocational
      rehabilitation services, employment services, or other support
      services approved by the Commissioner of Social Security, and
        (B) the Commissioner of Social Security determines that the
      completion of such program, or its continuation for a specified
      period of time, will increase the likelihood that such individual
      may (following his participation in such program) be permanently
      removed from the blindness and disability benefit rolls.
      (7)(A) In any case where -
        (i) an individual is a recipient of benefits based on
      disability or blindness under this subchapter,
        (ii) 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 as a consequence such
      individual is determined not to be entitled to such benefits, and
        (iii) a timely request for review or for a hearing is pending
      with respect to the determination that he is not so entitled,
    such individual may elect (in such manner and form and within such
    time as the Commissioner of Social Security shall by regulations
    prescribe) to have the payment of such benefits continued for an
    additional period beginning with the first month beginning after
    October 9, 1984, for which (under such determination) such benefits
    are no longer otherwise payable, and ending with the earlier of (I)
    the month preceding the month in which a decision is made after
    such a hearing, or (II) the month preceding the month in which no
    such request for review or a hearing is pending.
      (B)(i) If an individual elects to have the payment of his
    benefits continued for an additional period under subparagraph (A),
    and the final decision of the Commissioner of Social Security
    affirms the determination that he is not entitled to such benefits,
    any benefits paid under this subchapter pursuant to such election
    (for months in such additional period) shall be considered
    overpayments for all purposes of this subchapter, except as
    otherwise provided in clause (ii).
      (ii) If the Commissioner of Social Security determines that the
    individual's appeal of his termination of benefits was made in good
    faith, all of the benefits paid pursuant to such individual's
    election under subparagraph (A) shall be subject to waiver
    consideration under the provisions of subsection (b)(1) of this
    section.
      (C) The provisions of subparagraphs (A) and (B) shall apply with
    respect to determinations (that individuals are not entitled to
    benefits) which are made on or after October 9, 1984, or prior to
    such date but only on the basis of a timely request for review or
    for a hearing.
      (8)(A) In any case in which an administrative law judge has
    determined after a hearing as provided in subsection (c) of this
    section that an individual is entitled to benefits based on
    disability or blindness under this subchapter and the Commissioner
    of Social Security has not issued the Commissioner's final decision
    in such case within 110 days after the date of the administrative
    law judge's determination, such benefits shall be currently paid
    for the months during the period beginning with the month in which
    such 110-day period expires and ending with the month in which such
    final decision is issued.
      (B) For purposes of subparagraph (A), in determining whether the
    110-day period referred to in subparagraph (A) has elapsed, any
    period of time for which the action or inaction of such individual
    or such individual's representative without good cause results in
    the delay in the issuance of the Commissioner's final decision
    shall not be taken into account to the extent that such period of
    time exceeds 20 calendar days.
      (C) Any benefits currently paid under this subchapter pursuant to
    this paragraph (for the months described in subparagraph (A)) shall
    not be considered overpayments for any purposes of this subchapter,
    unless payment of such benefits was fraudulently obtained.
      (9) Benefits under this subchapter shall not be denied to any
    individual solely by reason of the refusal of the individual to
    accept an amount offered as compensation for a crime of which the
    individual was a victim.
      (10)(A) If an individual is eligible for past-due monthly
    benefits under this subchapter in an amount that (after any
    withholding for reimbursement to a State for interim assistance
    under subsection (g) of this section and payment of attorney fees
    under subsection (d)(2)(B) of this section) equals or exceeds the
    product of -
        (i) 3, and
        (ii) the maximum monthly benefit payable under this subchapter
      to an eligible individual (or, if appropriate, to an eligible
      individual and eligible spouse),
    then the payment of such past-due benefits (after any such
    reimbursement to a State and payment of attorney fees under
    subsection (d)(2)(B) of this section) shall be made in installments
    as provided in subparagraph (B).
      (B)(i) The payment of past-due benefits subject to this
    subparagraph shall be made in not to exceed 3 installments that are
    made at 6-month intervals.
      (ii) Except as provided in clause (iii), the amount of each of
    the first and second installments may not exceed an amount equal to
    the product of clauses (i) and (ii) of subparagraph (A).
      (iii) In the case of an individual who has -
        (I) outstanding debt attributable to -
          (aa) food,
          (bb) clothing,
          (cc) shelter, or
          (dd) medically necessary services, supplies or equipment, or
        medicine; or
        (II) current expenses or expenses anticipated in the near term
      attributable to -
          (aa) medically necessary services, supplies or equipment, or
        medicine, or
          (bb) the purchase of a home, and
    such debt or expenses are not subject to reimbursement by a public
    assistance program, the Secretary under subchapter XVIII of this
    chapter, a State plan approved under subchapter XIX of this
    chapter, or any private entity legally liable to provide payment
    pursuant to an insurance policy, pre-paid plan, or other
    arrangement, the limitation specified in clause (ii) may be
    exceeded by an amount equal to the total of such debt and expenses.
      (C) This paragraph shall not apply to any individual who, at the
    time of the Commissioner's determination that such individual is
    eligible for the payment of past-due monthly benefits under this
    subchapter -
        (i) is afflicted with a medically determinable impairment that
      is expected to result in death within 12 months; or
        (ii) is ineligible for benefits under this subchapter and the
      Commissioner determines that such individual is likely to remain
      ineligible for the next 12 months.
      (D) For purposes of this paragraph, the term "benefits under this
    subchapter" includes supplementary payments pursuant to an
    agreement for Federal administration under section 1382e(a) of this
    title, and payments pursuant to an agreement entered into under
    section 212(b) of Public Law 93-66.
    (b) Overpayments and underpayments; adjustment, recovery, or
      payment of amounts by Commissioner
      (1)(A) Whenever the Commissioner of Social Security finds that
    more or less than the correct amount of benefits has been paid with
    respect to any individual, proper adjustment or recovery shall,
    subject to the succeeding provisions of this subsection, be made by
    appropriate adjustments in future payments to such individual or by
    recovery from such individual or his eligible spouse (or from the
    estate of either) or by payment to such individual or his eligible
    spouse, or, if such individual is deceased, by payment -
        (i) to any surviving spouse of such individual, whether or not
      the individual's eligible spouse, if (within the meaning of the
      first sentence of section 402(i) of this title) such surviving
      husband or wife was living in the same household with the
      individual at the time of his death or within the 6 months
      immediately preceding the month of such death, or
        (ii) if such individual was a disabled or blind child who was
      living with his parent or parents at the time of his death or
      within the 6 months immediately preceding the month of such
      death, to such parent or parents.
      (B) The Commissioner of Social Security (i) shall make such
    provision as the Commissioner finds appropriate in the case of
    payment of more than the correct amount of benefits with respect to
    an individual with a view to avoiding penalizing such individual or
    his eligible spouse who was without fault in connection with the
    overpayment, if adjustment or recovery on account of such
    overpayment in such case would defeat the purposes of this
    subchapter, or be against equity and good conscience, or (because
    of the small amount involved) impede efficient or effective
    administration of this subchapter, and (ii) shall in any event make
    the adjustment or recovery (in the case of payment of more than the
    correct amount of benefits), in the case of an individual or
    eligible spouse receiving monthly benefit payments under this
    subchapter (including supplementary payments of the type described
    in section 1382e(a) of this title and payments pursuant to an
    agreement entered into under section 212(a) of Public Law 93-66),
    in amounts which in the aggregate do not exceed (for any month) the
    lesser of (I) the amount of his or their benefit under this
    subchapter for that month or (II) an amount equal to 10 percent of
    his or their income for that month (including such benefit but
    excluding payments under subchapter II of this chapter when
    recovery is made from subchapter II payments pursuant to section
    1320b-17 of this title and excluding income excluded pursuant to
    section 1382a(b) of this title), and in the case of an individual
    or eligible spouse to whom a lump sum is payable under this
    subchapter (including under section 1382e(a) of this title or under
    an agreement entered into under section 212(a) of Public Law 93-66)
    shall, as at least one means of recovering such overpayment, make
    the adjustment or recovery from the lump sum payment in an amount
    equal to not less than the lesser of the amount of the overpayment
    or the lump sum payment, unless fraud, willful misrepresentation,
    or concealment of material information was involved on the part of
    the individual or spouse in connection with the overpayment, or
    unless the individual requests that such adjustment or recovery be
    made at a higher or lower rate and the Commissioner of Social
    Security determines that adjustment or recovery at such rate is
    justified and appropriate. The availability (in the case of an
    individual who has been paid more than the correct amount of
    benefits) of procedures for adjustment or recovery at a limited
    rate under clause (ii) of the preceding sentence shall not, in and
    of itself, prevent or restrict the provision (in such case) of more
    substantial relief under clause (i) of such sentence.
      (2) Notwithstanding any other provision of this section, when any
    payment of more than the correct amount is made to or on behalf of
    an individual who has died, and such payment -
        (A) is made by direct deposit to a financial institution;
        (B) is credited by the financial institution to a joint account
      of the deceased individual and another person; and
        (C) such other person is the surviving spouse of the deceased
      individual, and was eligible for a payment under this subchapter
      (including any State supplementation payment paid by the
      Commissioner of Social Security) as an eligible spouse (or as
      either member of an eligible couple) for the month in which the
      deceased individual died,
    the amount of such payment in excess of the correct amount shall be
    treated as a payment of more than the correct amount to such other
    person. If any payment of more than the correct amount is made to a
    representative payee on behalf of an individual after the
    individual's death, the representative payee shall be liable for
    the repayment of the overpayment, and the Commissioner of Social
    Security shall establish an overpayment control record under the
    social security account number of the representative payee.
      (3) If any overpayment with respect to an individual (or an
    individual and his or her spouse) is attributable solely to the
    ownership or possession by such individual (and spouse if any) of
    resources having a value which exceeds the applicable dollar figure
    specified in paragraph (1)(B) or (2)(B) of section 1382(a) of this
    title by $50 or less, such individual (and spouse if any) shall be
    deemed for purposes of the second sentence of paragraph (1) to have
    been without fault in connection with the overpayment, and no
    adjustment or recovery shall be made under the first sentence of
    such paragraph, unless the Commissioner of Social Security finds
    that the failure of such individual (and spouse if any) to report
    such value correctly and in a timely manner was knowing and
    willful.
      (4)(A) With respect to any delinquent amount, the Commissioner of
    Social Security may use the collection practices described in
    sections 3711(f), 3716, 3717, and 3718 of title 31 and in section
    5514 of title 5, all as in effect immediately after April 26, 1996.
      (B) For purposes of subparagraph (A), the term "delinquent
    amount" means an amount -
        (i) in excess of the correct amount of payment under this
      subchapter;
        (ii) paid to a person after such person has attained 18 years
      of age; and
        (iii) determined by the Commissioner of Social Security, under
      regulations, to be otherwise unrecoverable under this section
      after such person ceases to be a beneficiary under this
      subchapter.
      (5) For payments for which adjustments are made by reason of a
    retroactive payment of benefits under subchapter II of this
    chapter, see section 1320a-6 of this title.
      (6) For provisions relating to the cross-program recovery of
    overpayments made under programs administered by the Commissioner
    of Social Security, see section 1320b-17 of this title.
    (c) Hearing to determine eligibility or amount of benefits;
      subsequent application; time within which to request hearing;
      time for determinations of Commissioner pursuant to hearing;
      judicial review
      (1)(A) The Commissioner of Social Security is directed to make
    findings of fact, and decisions as to the rights of any individual
    applying for payment under this subchapter. Any such decision by
    the Commissioner of Social Security which involves a determination
    of disability and which is in whole or in part unfavorable to such
    individual shall contain a statement of the case, in understandable
    language, setting forth a discussion of the evidence, and stating
    the Commissioner's determination and the reason or reasons upon
    which it is based. The Commissioner of Social Security shall
    provide reasonable notice and opportunity for a hearing to any
    individual who is or claims to be an eligible individual or
    eligible spouse and is in disagreement with any determination under
    this subchapter with respect to eligibility of such individual for
    benefits, or the amount of such individual's benefits, if such
    individual requests a hearing on the matter in disagreement within
    sixty days after notice of such determination is received, and, if
    a hearing is held, shall, on the basis of evidence adduced at the
    hearing affirm, modify, or reverse the Commissioner's findings of
    fact and such decision. The Commissioner of Social Security is
    further authorized, on the Commissioner's own motion, to hold such
    hearings and to conduct such investigations and other proceedings
    as the Commissioner may deem necessary or proper for the
    administration of this subchapter. In the course of any hearing,
    investigation, or other proceeding, the Commissioner may administer
    oaths and affirmations, examine witnesses, and receive evidence.
    Evidence may be received at any hearing before the Commissioner of
    Social Security even though inadmissible under the rules of
    evidence applicable to court procedure. The Commissioner of Social
    Security shall specifically take into account any physical, mental,
    educational, or linguistic limitation of such individual (including
    any lack of facility with the English language) in determining,
    with respect to the eligibility of such individual for benefits
    under this subchapter, whether such individual acted in good faith
    or was at fault, and in determining fraud, deception, or intent.
      (B)(i) A failure to timely request review of an initial adverse
    determination with respect to an application for any payment under
    this subchapter or an adverse determination on reconsideration of
    such an initial determination shall not serve as a basis for denial
    of a subsequent application for any payment under this subchapter
    if the applicant demonstrates that the applicant, or any other
    individual referred to in subparagraph (A), failed to so request
    such a review acting in good faith reliance upon incorrect,
    incomplete, or misleading information, relating to the consequences
    of reapplying for payments in lieu of seeking review of an adverse
    determination, provided by any officer or employee of the Social
    Security Administration or any State agency acting under section
    421 of this title.
      (ii) In any notice of an adverse determination with respect to
    which a review may be requested under subparagraph (A), the
    Commissioner of Social Security shall describe in clear and
    specific language the effect on possible eligibility to receive
    payments under this subchapter of choosing to reapply in lieu of
    requesting review of the determination.
      (2) Determination on the basis of such hearing, except to the
    extent that the matter in disagreement involves a disability
    (within the meaning of section 1382c(a)(3) of this title), shall be
    made within ninety days after the individual requests the hearing
    as provided in paragraph (1).
      (3) The final determination of the Commissioner of Social
    Security after a hearing under paragraph (1) shall be subject to
    judicial review as provided in section 405(g) of this title to the
    same extent as the Commissioner's final determinations under
    section 405 of this title.
    (d) Procedures applicable; prohibition on assignment of payments;
      representation of claimants; maximum fees; penalties for
      violations
      (1) The provisions of section 407 of this title and subsections
    (a), (d), and (e) of section 405 of this title shall apply with
    respect to this part to the same extent as they apply in the case
    of subchapter II of this chapter.
      (2)(A) The provisions of section 406 of this title (other than
    subsections (a)(4) and (d) thereof) shall apply to this part to the
    same extent as they apply in the case of subchapter II of this
    chapter, except that such section shall be applied -
        (i) by substituting, in subparagraphs (A)(ii)(I) and (D)(i) of
      subsection (a)(2) (!1) the phrase "(as determined before any
      applicable reduction under section 1383(g) of this title, and
      reduced by the amount of any reduction in benefits under this
      subchapter or subchapter II of this chapter made pursuant to
      section 1320a-6(a) of this title)" for the parenthetical phrase
      contained therein;
        (ii) by substituting, in subsections (a)(2)(B) and
      (b)(1)(B)(i), the phrase "paragraph (7)(A) or (8)(A) of section
      1383(a) of this title or the requirements of due process of law"
      for the phrase "subsection (g) or (h) of section 423 of this
      title";
        (iii) by substituting, in subsection (a)(2)(C)(i), the phrase
      "under subchapter II of this chapter" for the phrase "under
      subchapter XVI of this chapter";
        (iv) by substituting, in subsection (b)(1)(A), the phrase "pay
      the amount of such fee" for the phrase "certify the amount of
      such fee for payment" and by striking, in subsection (b)(1)(A),
      the phrase "or certified for payment"; and
        (v) by substituting, in subsection (b)(1)(B)(ii), the phrase
      "deemed to be such amounts as determined before any applicable
      reduction under section 1383(g) of this title, and reduced by the
      amount of any reduction in benefits under this subchapter or
      subchapter II of this chapter made pursuant to section 1320a-6(a)
      of this title" for the phrase "determined before any applicable
      reduction under section 1320a-6(a) of this title)".(!2)
      (B) Subject to subparagraph (C), if the claimant is determined to
    be entitled to past-due benefits under this subchapter and the
    person representing the claimant is an attorney, the Commissioner
    of Social Security shall pay out of such past-due benefits to such
    attorney an amount equal to the lesser of -
        (i) so much of the maximum fee as does not exceed 25 percent of
      such past-due benefits (as determined before any applicable
      reduction under subsection (g) of this section and reduced by the
      amount of any reduction in benefits under this subchapter or
      subchapter II of this chapter pursuant to section 1320a-6(a) of
      this title), or
        (ii) the amount of past-due benefits available after any
      applicable reductions under subsection (g) of this section and
      section 1320a-6(a) of this title.
      (C)(i) Whenever a fee for services is required to be paid to an
    attorney from a claimant's past-due benefits pursuant to
    subparagraph (B), the Commissioner shall impose on the attorney an
    assessment calculated in accordance with clause (ii).
      (ii)(I) The amount of an assessment under clause (i) shall be
    equal to the product obtained by multiplying the amount of the
    representative's fee that would be required to be paid by
    subparagraph (B) before the application of this subparagraph, by
    the percentage specified in subclause (II), except that the maximum
    amount of the assessment may not exceed $75. In the case of any
    calendar year beginning after the amendments made by section 302 of
    the Social Security Protection Act of 2003 (!3) take effect, the
    dollar amount specified in the preceding sentence (including a
    previously adjusted amount) shall be adjusted annually under the
    procedures used to adjust benefit amounts under section
    415(i)(2)(A)(ii) of this title, except such adjustment shall be
    based on the higher of $75 or the previously adjusted amount that
    would have been in effect for December of the preceding year, but
    for the rounding of such amount pursuant to the following sentence.
    Any amount so adjusted that is not a multiple of $1 shall be
    rounded to the next lowest multiple of $1, but in no case less than
    $75.
      (II) The percentage specified in this subclause is such
    percentage rate as the Commissioner determines is necessary in
    order to achieve full recovery of the costs of determining and
    approving fees to attorneys from the past-due benefits of
    claimants, but not in excess of 6.3 percent.
      (iii) The Commissioner may collect the assessment imposed on an
    attorney under clause (i) by offset from the amount of the fee
    otherwise required by subparagraph (B) to be paid to the attorney
    from a claimant's past-due benefits.
      (iv) An attorney subject to an assessment under clause (i) may
    not, directly or indirectly, request or otherwise obtain
    reimbursement for such assessment from the claimant whose claim
    gave rise to the assessment.
      (v) Assessments on attorneys collected under this subparagraph
    shall be deposited as miscellaneous receipts in the general fund of
    the Treasury.
      (vi) The assessments authorized under this subparagraph shall be
    collected and available for obligation only to the extent and in
    the amount provided in advance in appropriations Acts. Amounts so
    appropriated are authorized to remain available until expended, for
    administrative expenses in carrying out this subchapter and related
    laws.
      (D) The Commissioner of Social Security shall notify each
    claimant in writing, together with the notice to such claimant of
    an adverse determination, of the options for obtaining attorneys to
    represent individuals in presenting their cases before the
    Commissioner of Social Security. Such notification shall also
    advise the claimant of the availability to qualifying claimants of
    legal services organizations which provide legal services free of
    charge.
    (e) Administrative requirements prescribed by Commissioner;
      criteria; reduction of benefits to individual for noncompliance
      with requirements; payment to homeless
      (1)(A) The Commissioner of Social Security shall, subject to
    subparagraph (B) and subsection (j) of this section, prescribe such
    requirements with respect to the filing of applications, the
    suspension or termination of assistance, the furnishing of other
    data and material, and the reporting of events and changes in
    circumstances, as may be necessary for the effective and efficient
    administration of this subchapter.
      (B)(i) The requirements prescribed by the Commissioner of Social
    Security pursuant to subparagraph (A) shall require that
    eligibility for benefits under this subchapter will not be
    determined solely on the basis of declarations by the applicant
    concerning eligibility factors or other relevant facts, and that
    relevant information will be verified from independent or
    collateral sources and additional information obtained as necessary
    in order to assure that such benefits are only provided to eligible
    individuals (or eligible spouses) and that the amounts of such
    benefits are correct. For this purpose and for purposes of
    federally administered supplementary payments of the type described
    in section 1382e(a) of this title (including payments pursuant to
    an agreement entered into under section 212(a) of Public Law 93-
    66), the Commissioner of Social Security shall, as may be
    necessary, request and utilize information available pursuant to
    section 6103(l)(7) of the Internal Revenue Code of 1986, and any
    information which may be available from State systems under section
    1320b-7 of this title, and shall comply with the requirements
    applicable to States (with respect to information available
    pursuant to section 6103(l)(7)(B) of such Code) under subsections
    (a)(6) and (c) of such section 1320b-7 of this title.
      (ii)(I) The Commissioner of Social Security may require each
    applicant for, or recipient of, benefits under this subchapter to
    provide authorization by the applicant or recipient (or by any
    other person whose income or resources are material to the
    determination of the eligibility of the applicant or recipient for
    such benefits) for the Commissioner to obtain (subject to the cost
    reimbursement requirements of section 1115(a) of the Right to
    Financial Privacy Act [12 U.S.C. 3415]) from any financial
    institution (within the meaning of section 1101(1) of such Act [12
    U.S.C. 3401(1)]) any financial record (within the meaning of
    section 1101(2) of such Act [12 U.S.C. 3401(2)]) held by the
    institution with respect to the applicant or recipient (or any such
    other person) whenever the Commissioner determines the record is
    needed in connection with a determination with respect to such
    eligibility or the amount of such benefits.
      (II) Notwithstanding section 1104(a)(1) of the Right to Financial
    Privacy Act [12 U.S.C. 3404(a)(1)], an authorization provided by an
    applicant or recipient (or any other person whose income or
    resources are material to the determination of the eligibility of
    the applicant or recipient) pursuant to subclause (I) of this
    clause shall remain effective until the earliest of -
        (aa) the rendering of a final adverse decision on the
      applicant's application for eligibility for benefits under this
      subchapter;
        (bb) the cessation of the recipient's eligibility for benefits
      under this subchapter; or
        (cc) the express revocation by the applicant or recipient (or
      such other person referred to in subclause (I)) of the
      authorization, in a written notification to the Commissioner.
      (III)(aa) An authorization obtained by the Commissioner of Social
    Security pursuant to this clause shall be considered to meet the
    requirements of the Right to Financial Privacy Act [12 U.S.C. 3401
    et seq.] for purposes of section 1103(a) of such Act [12 U.S.C.
    3403(a)], and need not be furnished to the financial institution,
    notwithstanding section 1104(a) of such Act [12 U.S.C. 3404(a)].
      (bb) The certification requirements of section 1103(b) of the
    Right to Financial Privacy Act [12 U.S.C. 3403(b)] shall not apply
    to requests by the Commissioner of Social Security pursuant to an
    authorization provided under this clause.
      (cc) A request by the Commissioner pursuant to an authorization
    provided under this clause is deemed to meet the requirements of
    section 1104(a)(3) of the Right to Financial Privacy Act [12 U.S.C.
    3404(a)(3)] and the flush language of section 1102 of such Act [12
    U.S.C. 3402].
      (IV) The Commissioner shall inform any person who provides
    authorization pursuant to this clause of the duration and scope of
    the authorization.
      (V) If an applicant for, or recipient of, benefits under this
    subchapter (or any such other person referred to in subclause (I))
    refuses to provide, or revokes, any authorization made by the
    applicant or recipient for the Commissioner of Social Security to
    obtain from any financial institution any financial record, the
    Commissioner may, on that basis, determine that the applicant or
    recipient is ineligible for benefits under this subchapter.
      (C) For purposes of making determinations under section 1382(e)
    of this title, the requirements prescribed by the Commissioner of
    Social Security pursuant to subparagraph (A) of this paragraph
    shall require each administrator of a nursing home, extended care
    facility, or intermediate care facility, within 2 weeks after the
    admission of any eligible individual or eligible spouse receiving
    benefits under this subchapter, to transmit to the Commissioner a
    report of the admission.
      (2) In case of the failure by any individual to submit a report
    of events and changes in circumstances relevant to eligibility for
    or amount of benefits under this subchapter as required by the
    Commissioner of Social Security under paragraph (1), or delay by
    any individual in submitting a report as so required, the
    Commissioner of Social Security (in addition to taking any other
    action the Commissioner may consider appropriate under paragraph
    (1)) shall reduce any benefits which may subsequently become
    payable to such individual under this subchapter by -
        (A) $25 in the case of the first such failure or delay,
        (B) $50 in the case of the second such failure or delay, and
        (C) $100 in the case of the third or a subsequent such failure
      or delay,
    except where the individual was without fault or good cause for
    such failure or delay existed.
      (3) The Commissioner of Social Security shall provide a method of
    making payments under this subchapter to an eligible individual who
    does not reside in a permanent dwelling or does not have a fixed
    home or mailing address.
      (4) A translation into English by a third party of a statement
    made in a foreign language by an applicant for or recipient of
    benefits under this subchapter shall not be regarded as reliable
    for any purpose under this subchapter unless the third party, under
    penalty of perjury -
        (A) certifies that the translation is accurate; and
        (B) discloses the nature and scope of the relationship between
      the third party and the applicant or recipient, as the case may
      be.
      (5) In any case in which it is determined to the satisfaction of
    the Commissioner of Social Security that an individual failed as of
    any date to apply for benefits under this subchapter by reason of
    misinformation provided to such individual by any officer or
    employee of the Social Security Administration relating to such
    individual's eligibility for benefits under this subchapter, such
    individual shall be deemed to have applied for such benefits on the
    later of -
        (A) the date on which such misinformation was provided to such
      individual, or
        (B) the date on which such individual met all requirements for
      entitlement to such benefits (other than application therefor).
      (6) In any case in which an individual visits a field office of
    the Social Security Administration and represents during the visit
    to an officer or employee of the Social Security Administration in
    the office that the individual's visit is occasioned by -
        (A) the receipt of a notice from the Social Security
      Administration indicating a time limit for response by the
      individual, or
        (B) the theft, loss, or nonreceipt of a benefit payment under
      this subchapter,
    the Commissioner of Social Security shall ensure that the
    individual is granted a face-to-face interview at the office with
    an officer or employee of the Social Security Administration before
    the close of business on the day of the visit.
      (7)(A)(i) The Commissioner of Social Security shall immediately
    redetermine the eligibility of an individual for benefits under
    this subchapter if there is reason to believe that fraud or similar
    fault was involved in the application of the individual for such
    benefits, unless a United States attorney, or equivalent State
    prosecutor, with jurisdiction over potential or actual related
    criminal cases, certifies, in writing, that there is a substantial
    risk that such action by the Commissioner of Social Security with
    regard to recipients in a particular investigation would jeopardize
    the criminal prosecution of a person involved in a suspected fraud.
      (ii) When redetermining the eligibility, or making an initial
    determination of eligibility, of an individual for benefits under
    this subchapter, the Commissioner of Social Security shall
    disregard any evidence if there is reason to believe that fraud or
    similar fault was involved in the providing of such evidence.
      (B) For purposes of subparagraph (A), similar fault is involved
    with respect to a determination if -
        (i) an incorrect or incomplete statement that is material to
      the determination is knowingly made; or
        (ii) information that is material to the determination is
      knowingly concealed.
      (C) If, after redetermining the eligibility of an individual for
    benefits under this subchapter, the Commissioner of Social Security
    determines that there is insufficient evidence to support such
    eligibility, the Commissioner of Social Security may terminate such
    eligibility and may treat benefits paid on the basis of such
    insufficient evidence as overpayments.
      (8)(A) The Commissioner of Social Security shall request the
    Immigration and Naturalization Service or the Centers for Disease
    Control to provide the Commissioner of Social Security with
    whatever medical information, identification information, and
    employment history either such entity has with respect to any alien
    who has applied for benefits under this subchapter to the extent
    that the information is relevant to any determination relating to
    eligibility for such benefits under this subchapter.
      (B) Subparagraph (A) shall not be construed to prevent the
    Commissioner of Social Security from adjudicating the case before
    receiving such information.
      (9) Notwithstanding any other provision of law, the Commissioner
    shall, at least 4 times annually and upon request of the
    Immigration and Naturalization Service (hereafter in this paragraph
    referred to as the "Service"), furnish the Service with the name
    and address of, and other identifying information on, any
    individual who the Commissioner knows is not lawfully present in
    the United States, and shall ensure that each agreement entered
    into under section 1382e(a) of this title with a State provides
    that the State shall furnish such information at such times with
    respect to any individual who the State knows is not lawfully
    present in the United States.
    (f) Furnishing of information by Federal agencies
      The head of any Federal agency shall provide such information as
    the Commissioner of Social Security needs for purposes of
    determining eligibility for or amount of benefits, or verifying
    other information with respect thereto.
    (g) Reimbursement to States for interim assistance payments
      (1) Notwithstanding subsection (d)(1) of this section and
    subsection (b) of this section as it relates to the payment of less
    than the correct amount of benefits, the Commissioner of Social
    Security may, upon written authorization by an individual, withhold
    benefits due with respect to that individual and may pay to a State
    (or a political subdivision thereof if agreed to by the
    Commissioner of Social Security and the State) from the benefits
    withheld an amount sufficient to reimburse the State (or political
    subdivision) for interim assistance furnished on behalf of the
    individual by the State (or political subdivision).
      (2) For purposes of this subsection, the term "benefits" with
    respect to any individual means supplemental security income
    benefits under this subchapter, and any State supplementary
    payments under section 1382e of this title or under section 212 of
    Public Law 93-66 which the Commissioner of Social Security makes on
    behalf of a State (or political subdivision thereof), that the
    Commissioner of Social Security has determined to be due with
    respect to the individual at the time the Commissioner of Social
    Security makes the first payment of benefits with respect to the
    period described in clause (A) or (B) of paragraph (3). A cash
    advance made pursuant to subsection (a)(4)(A) of this section shall
    not be considered as the first payment of benefits for purposes of
    the preceding sentence.
      (3) For purposes of this subsection, the term "interim
    assistance" with respect to any individual means assistance
    financed from State or local funds and furnished for meeting basic
    needs (A) during the period, beginning with the month following the
    month in which the individual filed an application for benefits (as
    defined in paragraph (2)), for which he was eligible for such
    benefits, or (B) during the period beginning with the first month
    for which the individual's benefits (as defined in paragraph (2))
    have been terminated or suspended if the individual was
    subsequently found to have been eligible for such benefits.
      (4) In order for a State to receive reimbursement under the
    provisions of paragraph (1), the State shall have in effect an
    agreement with the Commissioner of Social Security which shall
    provide -
        (A) that if the Commissioner of Social Security makes payment
      to the State (or a political subdivision of the State as provided
      for under the agreement) in reimbursement for interim assistance
      (as defined in paragraph (3)) for any individual in an amount
      greater than the reimbursable amount authorized by paragraph (1),
      the State (or political subdivision) shall pay to the individual
      the balance of such payment in excess of the reimbursable amount
      as expeditiously as possible, but in any event within ten working
      days or a shorter period specified in the agreement; and
        (B) that the State will comply with such other rules as the
      Commissioner of Social Security finds necessary to achieve
      efficient and effective administration of this subsection and to
      carry out the purposes of the program established by this
      subchapter, including protection of hearing rights for any
      individual aggrieved by action taken by the State (or political
      subdivision) pursuant to this subsection.
      (5) The provisions of subsection (c) of this section shall not be
    applicable to any disagreement concerning payment by the
    Commissioner of Social Security to a State pursuant to the
    preceding provisions of this subsection nor the amount retained by
    the State (or political subdivision).
    (h) Payment of certain travel expenses
      The Commissioner of Social Security shall pay travel expenses,
    either on an actual cost or commuted basis, to individuals for
    travel incident to medical examinations requested by the
    Commissioner of Social Security in connection with disability
    determinations under this subchapter, and to parties, their
    representatives, and all reasonably necessary witnesses for travel
    within the United States (as defined in section 1382c(e) of this
    title) to attend reconsideration interviews and proceedings before
    administrative law judges with respect to any determination under
    this subchapter. The amount available under the preceding sentence
    for payment for air travel by any person shall not exceed the coach
    fare for air travel between the points involved unless the use of
    first-class accommodations is required (as determined under
    regulations of the Commissioner of Social Security) because of such
    person's health condition or the unavailability of alternative
    accommodations; and the amount available for payment for other
    travel by any person shall not exceed the cost of travel (between
    the points involved) by the most economical and expeditious means
    of transportation appropriate to such person's health condition, as
    specified in such regulations. The amount available for payment
    under this subsection for travel by a representative to attend an
    administrative proceeding before an administrative law judge or
    other adjudicator shall not exceed the maximum amount allowable
    under this subsection for such travel originating within the
    geographic area of the office having jurisdiction over such
    proceeding.
    (i) Unnegotiated checks; notice to Commissioner; payment to States;
      notice to States; investigation of payees
      (1) The Secretary of the Treasury shall, on a monthly basis,
    notify the Commissioner of Social Security of all benefit checks
    issued under this subchapter which include amounts representing
    State supplementary payments as described in paragraph (2) and
    which have not been presented for payment within one hundred and
    eighty days after the day on which they were issued.
      (2) The Commissioner of Social Security shall from time to time
    determine the amount representing the total of the State
    supplementary payments made pursuant to agreements under section
    1382e(a) of this title and under section 212(b) of Public Law 93-66
    which is included in all such benefit checks not presented for
    payment within one hundred and eighty days after the day on which
    they were issued, and shall pay each State (or credit each State
    with) an amount equal to that State's share of all such amount.
    Amounts not paid to the States shall be returned to the
    appropriation from which they were originally paid.
      (3) The Commissioner of Social Security, upon notice from the
    Secretary of the Treasury under paragraph (1), shall notify any
    State having an agreement described in paragraph (2) of all such
    benefit checks issued under that State's agreement which were not
    presented for payment within one hundred and eighty days after the
    day on which they were issued.
      (4) The Commissioner of Social Security shall, to the maximum
    extent feasible, investigate the whereabouts and eligibility of the
    individuals whose benefit checks were not presented for payment
    within one hundred and eighty days after the day on which they were
    issued.
    (j) Application and review requirements for certain individuals
      (1) Notwithstanding any provision of section 1382 or 1382h of
    this title, any individual who -
        (A) was an eligible individual (or eligible spouse) under
      section 1382 of this title or was eligible for benefits under or
      pursuant to section 1382h of this title, and
        (B) who, after such eligibility, is ineligible for benefits
      under or pursuant to both such sections for a period of 12
      consecutive months (or 24 consecutive months, in the case of such
      an individual whose ineligibility for benefits under or pursuant
      to both such sections is a result of being called to active duty
      pursuant to section 12301(d) or 12302 of title 10 or section
      502(f) of title 32),
    may not thereafter become eligible for benefits under or pursuant
    to either such section until the individual has reapplied for
    benefits under section 1382 of this title and been determined to be
    eligible for benefits under such section, or has filed a request
    for reinstatement of eligibility under subsection (p)(2) of this
    section and been determined to be eligible for reinstatement.
      (2)(A) Notwithstanding any provision of section 1382 of this
    title or section 1382h of this title (other than subsection (c)
    thereof), any individual who was eligible for benefits pursuant to
    section 1382h(b) of this title, and who -
        (i)(I) on the basis of the same impairment on which his or her
      eligibility under such section 1382h(b) of this title was based
      becomes eligible (other than pursuant to a request for
      reinstatement under subsection (p) of this section) for benefits
      under section 1382 or 1382h(a) of this title for a month that
      follows a period during which the individual was ineligible for
      benefits under sections 1382 and 1382h(a) of this title, and
        (II) has earned income (other than income excluded pursuant to
      section 1382a(b) of this title) for any month in the 12-month
      period preceding such month that is equal to or in excess of the
      amount that would cause him or her to be ineligible for payments
      under section 1382(b) of this title for that month (if he or she
      were otherwise eligible for such payments); or
        (ii)(I) on the basis of the same impairment on which his or her
      eligibility under such section 1382h(b) of this title was based
      becomes eligible under section 1382h(b) of this title for a month
      that follows a period during which the individual was ineligible
      under section 1382 of this title and section 1382h of this title,
      and
        (II) has earned income (other than income excluded pursuant to
      section 1382a(b) of this title) for such month or for any month
      in the 12-month period preceding such month that is equal to or
      in excess of the amount that would cause him or her to be
      ineligible for payments under section 1382(b) of this title for
      that month (if he or she were otherwise eligible for such
      payments);
    shall, upon becoming eligible (as described in clause (i)(I) or
    (ii)(I)), be subject to a prompt review of the type described in
    section 1382c(a)(4) of this title.
      (B) If the Commissioner of Social Security determines pursuant to
    a review required by subparagraph (A) that the impairment upon
    which the eligibility of an individual is based has ceased, does
    not exist, or is not disabling, such individual may not thereafter
    become eligible for a benefit under or pursuant to section 1382 of
    this title or section 1382h of this title until the individual has
    reapplied for benefits under section 1382 of this title and been
    determined to be eligible for benefits under such section.
    (k) Notifications to applicants and recipients
      The Commissioner of Social Security shall notify an individual
    receiving benefits under section 1382 of this title on the basis of
    disability or blindness of his or her potential eligibility for
    benefits under or pursuant to section 1382h of this title -
        (1) at the time of the initial award of benefits to the
      individual under section 1382 of this title (if the individual
      has attained the age of 18 at the time of such initial award),
      and
        (2) at the earliest time after an initial award of benefits to
      an individual under section 1382 of this title that the
      individual's earned income for a month (other than income
      excluded pursuant to section 1382a(b) of this title) is $200 or
      more, and periodically thereafter so long as such individual has
      earned income (other than income so excluded) of $200 or more per
      month.
    (l) Special notice to blind individuals with respect to hearings
      and other official actions
      (1) In any case where an individual who is applying for or
    receiving benefits under this subchapter on the basis of blindness
    is entitled (under subsection (c) of this section or otherwise) to
    receive notice from the Commissioner of Social Security of any
    decision or determination made or other action taken or proposed to
    be taken with respect to his or her rights under this subchapter,
    such individual shall at his or her election be entitled either (A)
    to receive a supplementary notice of such decision, determination,
    or action, by telephone, within 5 working days after the initial
    notice is mailed, (B) to receive the initial notice in the form of
    a certified letter, or (C) to receive notification by some
    alternative procedure established by the Commissioner of Social
    Security and agreed to by the individual.
      (2) The election under paragraph (1) may be made at any time; but
    an opportunity to make such an election shall in any event be given
    (A) to every individual who is an applicant for benefits under this
    subchapter on the basis of blindness, at the time of his or her
    application, and (B) to every individual who is a recipient of such
    benefits on the basis of blindness, at the time of each
    redetermination of his or her eligibility. Such an election, once
    made by an individual, shall apply with respect to all notices of
    decisions, determinations, and actions which such individual may
    thereafter be entitled to receive under this subchapter until such
    time as it is revoked or changed.
    (m) Pre-release procedures for institutionalized persons
      The Commissioner of Social Security shall develop a system under
    which an individual can apply for supplemental security income
    benefits under this subchapter prior to the discharge or release of
    the individual from a public institution.
    (n) Concurrent SSI and food stamp applications by institutionalized
      individuals
      The Commissioner of Social Security and the Secretary of
    Agriculture shall develop a procedure under which an individual who
    applies for supplemental security income benefits under this
    subchapter shall also be permitted to apply at the same time for
    participation in the food stamp program authorized under the Food
    Stamp Act of 1977 (7 U.S.C. 2011 et seq.).
    (o) Notice requirements
      The Commissioner of Social Security shall take such actions as
    are necessary to ensure that any notice to one or more individuals
    issued pursuant to this subchapter by the Commissioner of Social
    Security or by a State agency -
        (1) is written in simple and clear language, and
        (2) includes the address and telephone number of the local
      office of the Social Security Administration which serves the
      recipient.
    In the case of any such notice which is not generated by a local
    servicing office, the requirements of paragraph (2) shall be
    treated as satisfied if such notice includes the address of the
    local office of the Social Security Administration which services
    the recipient of the notice and a telephone number through which
    such office can be reached.
    (p) Reinstatement of eligibility on the basis of blindness or
      disability
      (1)(A) Eligibility for benefits under this subchapter shall be
    reinstated in any case where the Commissioner determines that an
    individual described in subparagraph (B) has filed a request for
    reinstatement meeting the requirements of paragraph (2)(A) during
    the period prescribed in subparagraph (C). Reinstatement of
    eligibility shall be in accordance with the terms of this
    subsection.
      (B) An individual is described in this subparagraph if -
        (i) prior to the month in which the individual files a request
      for reinstatement -
          (I) the individual was eligible for benefits under this
        subchapter on the basis of blindness or disability pursuant to
        an application filed therefor; and
          (II) the individual thereafter was ineligible for such
        benefits due to earned income (or earned and unearned income)
        for a period of 12 or more consecutive months;
        (ii) the individual is blind or disabled and the physical or
      mental impairment that is the basis for the finding of blindness
      or disability is the same as (or related to) the physical or
      mental impairment that was the basis for the finding of blindness
      or disability that gave rise to the eligibility described in
      clause (i);
        (iii) the individual's blindness or disability renders the
      individual unable to perform substantial gainful activity; and
        (iv) the individual satisfies the nonmedical requirements for
      eligibility for benefits under this subchapter.
      (C)(i) Except as provided in clause (ii), the period prescribed
    in this subparagraph with respect to an individual is 60
    consecutive months beginning with the month following the most
    recent month for which the individual was eligible for a benefit
    under this subchapter (including section 1382h of this title) prior
    to the period of ineligibility described in subparagraph
    (B)(i)(II).
      (ii) In the case of an individual who fails to file a
    reinstatement request within the period prescribed in clause (i),
    the Commissioner may extend the period if the Commissioner
    determines that the individual had good cause for the failure to so
    file.
      (2)(A)(i) A request for reinstatement shall be filed in such
    form, and containing such information, as the Commissioner may
    prescribe.
      (ii) A request for reinstatement shall include express
    declarations by the individual that the individual meets the
    requirements specified in clauses (ii) through (iv) of paragraph
    (1)(B).
      (B) A request for reinstatement filed in accordance with
    subparagraph (A) may constitute an application for benefits in the
    case of any individual who the Commissioner determines is not
    eligible for reinstated benefits under this subsection.
      (3) In determining whether an individual meets the requirements
    of paragraph (1)(B)(ii), the provisions of section 1382c(a)(4) of
    this title shall apply.
      (4)(A) Eligibility for benefits reinstated under this subsection
    shall commence with the benefit payable for the month following the
    month in which a request for reinstatement is filed.
      (B)(i) Subject to clause (ii), the amount of the benefit payable
    for any month pursuant to the reinstatement of eligibility under
    this subsection shall be determined in accordance with the
    provisions of this subchapter.
      (ii) The benefit under this subchapter payable for any month
    pursuant to a request for reinstatement filed in accordance with
    paragraph (2) shall be reduced by the amount of any provisional
    benefit paid to such individual for such month under paragraph (7).
      (C) Except as otherwise provided in this subsection, eligibility
    for benefits under this subchapter reinstated pursuant to a request
    filed under paragraph (2) shall be subject to the same terms and
    conditions as eligibility established pursuant to an application
    filed therefor.
      (5) Whenever an individual's eligibility for benefits under this
    subchapter is reinstated under this subsection, eligibility for
    such benefits shall be reinstated with respect to the individual's
    spouse if such spouse was previously an eligible spouse of the
    individual under this subchapter and the Commissioner determines
    that such spouse satisfies all the requirements for eligibility for
    such benefits except requirements related to the filing of an
    application. The provisions of paragraph (4) shall apply to the
    reinstated eligibility of the spouse to the same extent that they
    apply to the reinstated eligibility of such individual.
      (6) An individual to whom benefits are payable under this
    subchapter pursuant to a reinstatement of eligibility under this
    subsection for twenty-four months (whether or not consecutive)
    shall, with respect to benefits so payable after such twenty-fourth
    month, be deemed for purposes of paragraph (1)(B)(i)(I) to be
    eligible for such benefits on the basis of an application filed
    therefor.
      (7)(A) An individual described in paragraph (1)(B) who files a
    request for reinstatement in accordance with the provisions of
    paragraph (2)(A) shall be eligible for provisional benefits payable
    in accordance with this paragraph, unless the Commissioner
    determines that the individual does not meet the requirements of
    paragraph (1)(B)(i) or that the individual's declaration under
    paragraph (2)(A)(ii) is false. Any such determination by the
    Commissioner shall be final and not subject to review under
    paragraph (1) or (3) of subsection (c) of this section.
      (B)(i) Except as otherwise provided in clause (ii), the amount of
    a provisional benefit for a month shall equal the amount of the
    monthly benefit that would be payable to an eligible individual
    under this subchapter with the same kind and amount of income.
      (ii) If the individual has a spouse who was previously an
    eligible spouse of the individual under this subchapter and the
    Commissioner determines that such spouse satisfies all the
    requirements of section 1382c(b) of this title except requirements
    related to the filing of an application, the amount of a
    provisional benefit for a month shall equal the amount of the
    monthly benefit that would be payable to an eligible individual and
    eligible spouse under this subchapter with the same kind and amount
    of income.
      (C)(i) Provisional benefits shall begin with the month following
    the month in which a request for reinstatement is filed in
    accordance with paragraph (2)(A).
      (ii) Provisional benefits shall end with the earliest of -
        (I) the month in which the Commissioner makes a determination
      regarding the individual's eligibility for reinstated benefits;
        (II) the fifth month following the month for which provisional
      benefits are first payable under clause (i); or
        (III) the month in which the Commissioner determines that the
      individual does not meet the requirements of paragraph (1)(B)(i)
      or that the individual's declaration made in accordance with
      paragraph (2)(A)(ii) is false.
      (D) In any case in which the Commissioner determines that an
    individual is not eligible for reinstated benefits, any provisional
    benefits paid to the individual under this paragraph shall not be
    subject to recovery as an overpayment unless the Commissioner
    determines that the individual knew or should have known that the
    individual did not meet the requirements of paragraph (1)(B).
      (8) For purposes of this subsection other than paragraph (7), the
    term "benefits under this subchapter" includes State supplementary
    payments made pursuant to an agreement under section 1382e(a) of
    this title or section 212(b) of Public Law 93-66.

SOURCE

    (Aug. 14, 1935, ch. 531, title XVI, Sec. 1631, as added Pub. L. 92-
    603, title III, Sec. 301, Oct. 30, 1972, 86 Stat. 1475; amended
    Pub. L. 93-233, Sec. 18(g), Dec. 31, 1973, 87 Stat. 969; Pub. L. 93-
    368, Sec. 5, Aug. 7, 1974, 88 Stat. 420; Pub. L. 94-202, Secs. 1,
    2, Jan. 2, 1976, 89 Stat. 1135; Pub. L. 94-365, Sec. 1, July 14,
    1976, 90 Stat. 990; Pub. L. 94-569, Sec. 4(a), Oct. 20, 1976, 90
    Stat. 2700; Pub. L. 96-222, title I, Sec. 101(a)(2)(C), Apr. 1,
    1980, 94 Stat. 195; Pub. L. 96-265, title III, Secs. 301(b),
    305(b), 310(b), title V, Sec. 501(c), June 9, 1980, 94 Stat. 450,
    457, 459, 470; Pub. L. 96-473, Sec. 6(h), Oct. 19, 1980, 94 Stat.
    2266; Pub. L. 97-35, title XXIII, Sec. 2343(a), Aug. 13, 1981, 95
    Stat. 866; Pub. L. 97-248, title I, Sec. 187(a), Sept. 3, 1982, 96
    Stat. 407; Pub. L. 98-369, div. B, title VI, Secs. 2612(a), 2613,
    2651(j), 2663(g)(11), (12), July 18, 1984, 98 Stat. 1131, 1150,
    1169; Pub. L. 98-460, Secs. 7(b), 16(b), Oct. 9, 1984, 98 Stat.
    1803, 1809; Pub. L. 99-272, title XII, Sec. 12113(b), Apr. 7, 1986,
    100 Stat. 288; Pub. L. 99-514, Sec. 2, title XVIII, Sec.
    1883(d)(1), Oct. 22, 1986, 100 Stat. 2095, 2918; Pub. L. 99-570,
    title XI, Secs. 11005(a), 11006, Oct. 27, 1986, 100 Stat. 3207-169;
    Pub. L. 99-643, Secs. 4(c)(1), (d)(3)(B), 5, 8(a), Nov. 10, 1986,
    100 Stat. 3576-3579; Pub. L. 100-203, title IX, Secs. 9109(a),
    9110(a), (b), 9111(a)(1), 9112(a), 9123, Dec. 22, 1987, 101 Stat.
    1330-302 to 1330-304, 1330-313; Pub. L. 100-647, title VIII, Sec.
    8001(b), Nov. 10, 1988, 102 Stat. 3779; Pub. L. 101-239, title X,
    Secs. 10302(b)(1), 10303(b), 10305(e), 10307(a)(2), (b)(2), Dec.
    19, 1989, 103 Stat. 2482, 2483, 2485; Pub. L. 101-508, title V,
    Secs. 5031(c), 5038(a), 5039(b), 5040, 5105(a)(1)(B), (2)(A)(ii),
    (3)(A)(ii), (c)(2), (d)(1)(B), 5106(a)(2), (c), 5107(a)(2),
    5109(a)(2), 5113(b), Nov. 5, 1990, 104 Stat. 1388-224, 1388-226,
    1388-227, 1388-255, 1388-258, 1388-261, 1388-265, 1388-266, 1388-
    268, 1388-269, 1388-271, 1388-273; Pub. L. 103-296, title I, Sec.
    107(a)(4), title II, Secs. 201(b)(1)(A), (B), (2)(A), (B),
    206(a)(2), (d)(2), (f)(1), title III, Sec. 321(f)(2)(B), (3)(A),
    (h)(1), Aug. 15, 1994, 108 Stat. 1478, 1499-1501, 1509, 1514, 1515,
    1541, 1544; Pub. L. 103-387, Sec. 6(a), Oct. 22, 1994, 108 Stat.
    4077; Pub. L. 103-432, title II, Secs. 264(b), (e)-(g), 267(b),
    268, Oct. 31, 1994, 108 Stat. 4468-4470; Pub. L. 104-121, title I,
    Sec. 105(b)(2), Mar. 29, 1996, 110 Stat. 853; Pub. L. 104-193,
    title II, Secs. 204(b), (c)(2), 213(a), 221(a), (b), title IV, Sec.
    404(c), Aug. 22, 1996, 110 Stat. 2188, 2194, 2196, 2197, 2267; Pub.
    L. 105-33, title V, Secs. 5522(b), 5564, Aug. 5, 1997, 111 Stat.
    622, 639; Pub. L. 105-306, Sec. 8(b)(2), Oct. 28, 1998, 112 Stat.
    2929; Pub. L. 106-169, title II, Secs. 201(b), 202(a), 203(a), 213,
    251(b)(9), Dec. 14, 1999, 113 Stat. 1831, 1832, 1843, 1856; Pub. L.
    106-170, title I, Secs. 101(b)(2)(C), 112(b), Dec. 17, 1999, 113
    Stat. 1874, 1884; Pub. L. 108-203, title I, Secs. 101(c)(1), (3),
    102(a)(2), (b)(3), 103(c), 104(b), 105(c), 106(c), title II, Sec.
    210(b)(4), title III, Sec. 302(a), (b), Mar. 2, 2004, 118 Stat.
    496, 497, 500, 502, 503, 505, 506, 517, 519, 521; Pub. L. 109-163,
    div. A, title VI, Sec. 689, Jan. 6, 2006, 119 Stat. 3337; Pub. L.
    109-171, title VII, Sec. 7502(a), Feb. 8, 2006, 120 Stat. 154.)

REFERENCES IN TEXT

      The Internal Revenue Code of 1986, referred to in subsecs.
    (a)(2)(B)(xiv) and (e)(1)(B)(i), is classified generally to Title
    26, Internal Revenue Code.
      Section 212 of Public Law 93-66, referred to in subsecs.
    (a)(2)(F)(i)(II), (iii), (10)(D), (b)(1)(B), (e)(1)(B)(i), (g)(2),
    (i)(2), and (p)(8), is section 212 of Pub. L. 93-66, title II, July
    9, 1973, 87 Stat. 155, as amended, which is set out in a note under
    section 1382 of this title.
      Section 302 of the Social Security Protection Act of 2003,
    referred to in subsec. (d)(2)(C)(ii)(I), probably means section 302
    of the Social Security Protection Act of 2004, Pub. L. 108-203,
    which amended this section and enacted provisions set out as a note
    under this section.
      The Right to Financial Privacy Act, referred to in subsec.
    (e)(1)(B)(ii)(III)(aa), probably means the Right to Financial
    Privacy Act of 1978, title XI of Pub. L. 95-630, Nov. 10, 1978, 92
    Stat. 3697, as amended, which is classified generally to chapter 35
    (Sec. 3401 et seq.) of Title 12, Banks and Banking. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 3401 of Title 12 and Tables.
      The Food Stamp Act of 1977, referred to in subsec. (n), is Pub.
    L. 88-525, Aug. 31, 1964, 78 Stat. 703, as amended, which is
    classified generally to chapter 51 (Sec. 2011 et seq.) of Title 7,
    Agriculture. For complete classification of this Act to the Code,
    see Short Title note set out under section 2011 of Title 7 and
    Tables.

PRIOR PROVISIONS

      A prior section 1383, act Aug. 14, 1935, ch. 531, title XVI, Sec.
    1603, as added July 25, 1962, Pub. L. 87-543, title I, Sec. 141(a),
    76 Stat. 200; amended July 30, 1965, Pub. L. 89-97, title I, Sec.
    122, title II, Sec. 221(d)(4), title IV, Sec. 401(b), 79 Stat. 353,
    359, 414; Jan. 2, 1968, Pub. L. 90-248, title II, Sec. 212(d), 81
    Stat. 898; Oct. 20, 1972, Pub. L. 92-512, title III, Sec. 301(b),
    (d), (e), 86 Stat. 946, 947, related to determination of amounts
    payable to States, prior to the general amendment of title XVI of
    the Social Security Act by Pub. L. 92-603, Sec. 301, but is set out
    below in view of its continued applicability to Puerto Rico, Guam,
    and the Virgin Islands.
                                AMENDMENTS
      2006 - Subsec. (a)(10)(A)(i). Pub. L. 109-171 substituted "3" for
    "12".
      Subsec. (j)(1)(B). Pub. L. 109-163 inserted "(or 24 consecutive
    months, in the case of such an individual whose ineligibility for
    benefits under or pursuant to both such sections is a result of
    being called to active duty pursuant to section 12301(d) or 12302
    of title 10 or section 502(f) of title 32)" after "for a period of
    12 consecutive months".
      2004 - Subsec. (a)(2)(A)(iv). Pub. L. 108-203, Sec. 101(c)(3),
    added cl. (iv).
      Subsec. (a)(2)(B)(ii)(IV) to (VI). Pub. L. 108-203, Sec.
    103(c)(1), added subcls. (IV) and (V) and redesignated former
    subcl. (IV) as (VI).
      Subsec. (a)(2)(B)(iii)(II). Pub. L. 108-203, Sec. 103(c)(2),
    substituted "clause (ii)(VI)" for "clause (ii)(IV)" and "section
    405(j)(2)(B)(i)(VI)" for "section 405(j)(2)(B)(i)(IV)".
      Subsec. (a)(2)(B)(iii)(IV), (V). Pub. L. 108-203, Sec. 103(c)(3),
    added subcls. (IV) and (V).
      Subsec. (a)(2)(B)(vii)(I). Pub. L. 108-203, Sec. 102(a)(2)(A),
    substituted "a certified community-based nonprofit social service
    agency (as defined in subparagraph (I))" for "a community-based
    nonprofit social service agency licensed or bonded by the State".
      Subsec. (a)(2)(B)(xiv). Pub. L. 108-203, Sec. 103(c)(4), added
    cl. (xiv).
      Subsec. (a)(2)(C)(v). Pub. L. 108-203, Sec. 106(c), added cl.
    (v).
      Subsec. (a)(2)(D)(i). Pub. L. 108-203, Sec. 104(b), in
    introductory provisions, substituted "Except as provided in the
    next sentence, a" for "A" and, in concluding provisions,
    substituted "A qualified organization may not collect a fee from an
    individual for any month with respect to which the Commissioner of
    Social Security or a court of competent jurisdiction has determined
    that the organization misused all or part of the individual's
    benefit, and any amount so collected by the qualified organization
    for such month shall be treated as a misused part of the
    individual's benefit for purposes of subparagraphs (E) and (F). The
    Commissioner" for "The Commissioner".
      Subsec. (a)(2)(D)(ii). Pub. L. 108-203, Sec. 102(a)(2)(B),
    substituted "or any certified community-based nonprofit social
    service agency (as defined in subparagraph (I)), if the agency, in
    accordance" for "or any community-based nonprofit social service
    agency, which -
        "(I) is bonded or licensed in each State in which the agency
      serves as a representative payee; and
        "(II) in accordance",
    redesignated items (aa) and (bb) as subclauses (I) and (II),
    respectively, realigned margins, and substituted "subclause (II)"
    for "subclause (II)(bb)" in concluding provisions.
      Subsec. (a)(2)(E). Pub. L. 108-203, Sec. 101(c)(1), inserted
    second and third sentences.
      Subsec. (a)(2)(F)(i)(II). Pub. L. 108-203, Sec. 302(b)(1),
    inserted "and payment of attorney fees under subsection (d)(2)(B)
    of this section" after "subsection (g) of this section" in
    introductory provisions.
      Subsec. (a)(2)(G). Pub. L. 108-203, Sec. 102(b)(3), amended
    subpar. (G) generally, substituting provisions relating to periodic
    onsite reviews and annual report on the results of such reviews for
    provisions directing the Commissioner of Social Security to include
    as part of the annual report required under former section 904 of
    this title certain information with respect to the implementation
    of the preceding provisions of this par.
      Subsec. (a)(2)(G)(i)(II). Pub. L. 108-203, Sec. 105(c)(1),
    substituted "section 405(j)(10)" for "section 405(j)(9)".
      Subsec. (a)(2)(H). Pub. L. 108-203, Sec. 105(c)(2), added subpar.
    (H) and struck out former subpar. (H) which read as follows: "The
    Commissioner of Social Security shall make an initial report to
    each House of the Congress on the implementation of subparagraphs
    (B) and (C) within 270 days after October 9, 1984. The Commissioner
    of Social Security shall include in the annual report required
    under section 904 of this title, information with respect to the
    implementation of subparagraphs (B) and (C), including the same
    factors as are required to be included in the Commissioner's report
    under section 405(j)(4)(B) of this title."
      Subsec. (a)(2)(I). Pub. L. 108-203, Sec. 102(a)(2)(C), added
    subpar. (I).
      Subsec. (a)(10)(A). Pub. L. 108-203, Sec. 302(b)(2), inserted
    "and payment of attorney fees under subsection (d)(2)(B) of this
    section" after "subsection (g) of this section" in introductory
    provisions and after "State" in concluding provisions.
      Subsec. (b)(1)(B). Pub. L. 108-203, Sec. 210(b)(4)(A),
    substituted "excluding payments under subchapter II of this chapter
    when recovery is made from subchapter II payments pursuant to
    section 1320b-17 of this title and excluding" for "excluding any
    other" and struck out "50 percent of" before "the lump sum
    payment,".
      Subsec. (b)(6). Pub. L. 108-203, Sec. 210(b)(4)(B), added par.
    (6) and struck out former par. (6) which read as follows: "For
    provisions relating to the recovery of benefits incorrectly paid
    under this subchapter from benefits payable under subchapter II of
    this chapter, see section 1320b-17 of this title."
      Subsec. (d)(2)(A). Pub. L. 108-203, Sec. 302(a)(1), in
    introductory provisions, substituted "section 406" for "section
    406(a)", "(other than subsections (a)(4) and (d) thereof)" for
    "(other than paragraph (4) thereof)", and "such section" for
    "paragraph (2) thereof".
      Subsec. (d)(2)(A)(i). Pub. L. 108-203, Sec. 302(a)(2),
    substituted "in subparagraphs (A)(ii)(I) and (D)(i) of subsection
    (a)(2)" for "in subparagraphs (A)(ii)(I) and (C)(i)," and struck
    out "and" at end.
      Subsec. (d)(2)(A)(ii) to (v). Pub. L. 108-203, Sec. 302(a)(3),
    added cls. (ii) to (v) and struck out former cl. (ii) which read as
    follows: "by substituting 'section 1383(a)(7)(A) of this title or
    the requirements of due process of law' for 'subsection (g) or (h)
    of section 423 of this title'."
      Subsec. (d)(2)(B) to (D). Pub. L. 108-203, Sec. 302(a)(4), added
    subpars. (B) and (C) and redesignated former subpar. (B) as (D).
      1999 - Subsec. (a)(2)(A)(iii). Pub. L. 106-169, Sec.
    251(b)(9)(A), inserted "or 1007" after "405(j)(1)".
      Subsec. (a)(2)(B)(ii)(I). Pub. L. 106-169, Sec. 251(b)(9)(B),
    inserted ", subchapter VIII of this chapter," before "or this
    subchapter".
      Subsec. (a)(2)(B)(ii)(III). Pub. L. 106-169, Sec. 251(b)(9)(C),
    inserted ", 1011," before "or 1383a".
      Subsec. (a)(2)(B)(ii)(IV). Pub. L. 106-169, Sec. 251(b)(9)(D),
    inserted "whether the designation of such person as a
    representative payee has been revoked pursuant to section 1007(a)
    of this title," before "and whether certification" and ",
    subchapter VIII of this chapter," before "or this subchapter".
      Subsec. (a)(2)(B)(iii)(II). Pub. L. 106-169, Sec. 251(b)(9)(E),
    inserted "the designation of such person as a representative payee
    has been revoked pursuant to section 1007(a) of this title," before
    "or certification".
      Subsec. (a)(2)(D)(ii)(II)(aa). Pub. L. 106-169, Sec.
    251(b)(9)(F), inserted "or 1007" after "405(j)(4)".
      Subsec. (a)(6)(A). Pub. L. 106-170, Sec. 101(b)(2)(C),
    substituted "a program consisting of the Ticket to Work and Self-
    Sufficiency Program under section 1320b-19 of this title or
    another program of vocational rehabilitation services, employment
    services, or other support services" for "a program of vocational
    rehabilitation services".
      Subsec. (b)(1)(B)(ii). Pub. L. 106-169, Sec. 202(a), inserted
    "monthly" before "benefit payments" and "and in the case of an
    individual or eligible spouse to whom a lump sum is payable under
    this subchapter (including under section 1382e(a) of this title or
    under an agreement entered into under section 212(a) of Public Law
    93-66) shall, as at least one means of recovering such overpayment,
    make the adjustment or recovery from the lump sum payment in an
    amount equal to not less than the lesser of the amount of the
    overpayment or 50 percent of the lump sum payment," before "unless
    fraud".
      Subsec. (b)(2). Pub. L. 106-169, Sec. 201(b), inserted at end "If
    any payment of more than the correct amount is made to a
    representative payee on behalf of an individual after the
    individual's death, the representative payee shall be liable for
    the repayment of the overpayment, and the Commissioner of Social
    Security shall establish an overpayment control record under the
    social security account number of the representative payee."
      Subsec. (b)(4) to (6). Pub. L. 106-169, Sec. 203(a), added par.
    (4) and redesignated former pars. (4) and (5) as (5) and (6),
    respectively.
      Subsec. (e)(1)(B). Pub. L. 106-169, Sec. 213, designated existing
    provisions as cl. (i) and added cl. (ii).
      Subsec. (j)(1). Pub. L. 106-170, Sec. 112(b)(2)(A), inserted
    before period at end ", or has filed a request for reinstatement of
    eligibility under subsection (p)(2) of this section and been
    determined to be eligible for reinstatement".
      Subsec. (j)(2)(A)(i)(I). Pub. L. 106-170, Sec. 112(b)(2)(B),
    inserted "(other than pursuant to a request for reinstatement under
    subsection (p) of this section)" after "eligible".
      Subsec. (p). Pub. L. 106-170, Sec. 112(b)(1), added subsec. (p).
      1998 - Subsec. (b)(5). Pub. L. 105-306 added par. (5).
      1997 - Subsec. (a)(2)(F)(ii)(III)(bb). Pub. L. 105-33, Sec.
    5522(b)(1), substituted "in any case in which the individual
    knowingly misapplies benefits from such an account, the
    Commissioner shall reduce future benefits payable to such
    individual (or to such individual and his spouse) by an amount
    equal to the total amount of such benefits so misapplied" for "the
    total amount of such benefits so used shall be considered to be the
    uncompensated value of a disposed resource and shall be subject to
    the provisions of section 1382b(c) of this title".
      Subsec. (a)(2)(F)(iii). Pub. L. 105-33, Sec. 5522(b)(2), added
    cl. (iii) and struck out former cl. (iii) which read as follows:
    "The representative payee may deposit into the account established
    pursuant to clause (i) -
        "(I) past-due benefits payable to the eligible individual in an
      amount less than that specified in clause (i)(II), and
        "(II) any other funds representing an underpayment under this
      subchapter to such individual, provided that the amount of such
      underpayment is equal to or exceeds the maximum monthly benefit
      payable under this subchapter to an eligible individual."
      Subsec. (e)(9). Pub. L. 105-33, Sec. 5564, substituted "not
    lawfully present in the United States" for "unlawfully in the
    United States" in two places.
      1996 - Subsec. (a)(1). Pub. L. 104-193, Sec. 221(b), inserted
    "(subject to paragraph (10))" before "in such installments".
      Subsec. (a)(2)(A)(ii)(II). Pub. L. 104-121, Sec. 105(b)(2)(A),
    amended subcl. (II) generally. Prior to amendment, subcl. (II) read
    as follows: "In the case of an individual eligible for benefits
    under this subchapter by reason of disability, if alcoholism or
    drug addiction is a contributing factor material to the
    Commissioner's determination that the individual is disabled, the
    payment of such benefits to a representative payee shall be deemed
    to serve the interest of the individual under this subchapter. In
    any case in which such payment is so deemed under this subclause to
    serve the interest of an individual, the Commissioner of Social
    Security shall include, in the individual's notification of such
    eligibility, a notice that alcoholism or drug addiction is a
    contributing factor material to the Commissioner's determination
    that the individual is disabled and that the Commissioner of Social
    Security is therefore required to pay the individual's benefits to
    a representative payee."
      Subsec. (a)(2)(B)(vii). Pub. L. 104-121, Sec. 105(b)(2)(B),
    substituted "described in subparagraph (A)(ii)(II)" for "eligible
    for benefits under this subchapter by reason of disability, if
    alcoholism or drug addiction is a contributing factor material to
    the Commissioner's determination that the individual is disabled".
      Subsec. (a)(2)(B)(ix)(II). Pub. L. 104-121, Sec. 105(b)(2)(C),
    substituted "described in subparagraph (A)(ii)(II)." for "(if
    alcoholism or drug addiction is a contributing factor material to
    the Commissioner's determination that the individual is disabled)
    is eligible for benefits under this subchapter by reason of
    disability."
      Subsec. (a)(2)(D)(i)(II). Pub. L. 104-121, Sec. 105(b)(2)(D),
    substituted "described in subparagraph (A)(ii)(II)" for "eligible
    for benefits under this subchapter by reason of disability and
    alcoholism or drug addiction is a contributing factor material to
    the Commissioner's determination that the individual is disabled".
      Subsec. (a)(2)(F) to (H). Pub. L. 104-193, Sec. 213(a), added
    subpar. (F) and redesignated former subpars. (F) and (G) as (G) and
    (H), respectively.
      Subsec. (a)(4)(A). Pub. L. 104-193, Sec. 204(b), inserted "for
    the month following the date the application is filed" after "is
    presumptively eligible for such benefits" and ", which shall be
    repaid through proportionate reductions in such benefits over a
    period of not more than 6 months" before semicolon.
      Subsec. (a)(10). Pub. L. 104-193, Sec. 221(a), added par. (10).
      Subsec. (e)(6) to (8). Pub. L. 104-193, Sec. 404(c)(1),
    redesignated pars. (6), relating to suspicion of fraud or similar
    fault, and (7) as (7) and (8), respectively.
      Subsec. (e)(9). Pub. L. 104-193, Sec. 404(c)(2), added par. (9).
      Subsec. (g)(3). Pub. L. 104-193, Sec. 204(c)(2), inserted
    "following the month" after "beginning with the month".
      1994 - Subsec. (a)(2). Pub. L. 103-432, Sec. 264(e), inserted
    par. (2) designation.
      Subsec. (a)(2)(A)(ii). Pub. L. 103-296, Sec. 201(b)(1)(A)(i),
    designated existing provisions as subcl. (I), struck out "or in the
    case of any individual or eligible spouse referred to in section
    1382(e)(3)(A) of this title," after "served thereby,", and added
    subcl. (II).
      Pub. L. 103-296, Sec. 107(a)(4), in cl. (ii) as amended by Pub.
    L. 103-296, Sec. 201(b)(1)(A)(i), substituted "Commissioner of
    Social Security" for "Secretary" wherever appearing and
    "Commissioner's" for "Secretary's" in two places in subcl. (II).
      Subsec. (a)(2)(A)(iii). Pub. L. 103-296, Sec. 201(b)(1)(A)(ii),
    substituted "to an alternative representative payee of the
    individual or eligible spouse or, if the interest of the individual
    under this subchapter would be served thereby, to the individual or
    eligible spouse" for "to the individual or eligible spouse or to an
    alternative representative payee of the individual or eligible
    spouse".
      Pub. L. 103-296, Sec. 107(a)(4), substituted "Commissioner of
    Social Security" for "Secretary" in two places.
      Subsec. (a)(2)(B)(i)(I), (ii), (iv) to (vi). Pub. L. 103-296,
    Sec. 107(a)(4), substituted "Commissioner of Social Security" for
    "Secretary" wherever appearing.
      Subsec. (a)(2)(B)(vii). Pub. L. 103-296, Sec. 201(b)(2)(A)(ii),
    added cl. (vii). Former cl. (vii) redesignated (viii).
      Pub. L. 103-296, Sec. 107(a)(4), in cl. (vii) as added by Pub. L.
    103-296, Sec. 201(b)(2)(A)(ii), substituted "Commissioner of Social
    Security" for "Secretary" in two places and "Commissioner's" for
    "Secretary's".
      Subsec. (a)(2)(B)(viii). Pub. L. 103-296, Sec. 201(b)(2)(A)(i),
    (iii), redesignated cl. (vii) as (viii) and substituted "clause
    (ix)" for "clause (viii)". Former cl. (viii) redesignated (ix).
      Pub. L. 103-296, Sec. 201(b)(1)(B), in subcl. (II) substituted
    "of 15 years, or (if alcoholism or drug addiction is a contributing
    factor material to the Secretary's determination that the
    individual is disabled) is eligible for benefits under this
    subchapter by reason of disability." for "15 years, or a drug
    addict or alcoholic referred to in section 1382(e)(3)(A) of this
    title."
      Pub. L. 103-296, Sec. 107(a)(4), in cl. (viii) as redesignated by
    Pub. L. 103-296, Sec. 201(b)(2)(A)(i), substituted "Commissioner of
    Social Security" for "Secretary" in two places.
      Subsec. (a)(2)(B)(ix). Pub. L. 103-296, Sec. 201(b)(2)(A)(i),
    (iv), redesignated cl. (viii) as (ix) and in subcl. (I) substituted
    "clause (viii)" for "clause (vii)". Former cl. (ix) redesignated
    (x).
      Pub. L. 103-296, Sec. 107(a)(4), in cl. (ix) as redesignated and
    amended by Pub. L. 103-296, Sec. 201(b)(1)(B), (2)(A)(i),
    substituted "Commissioner's" for "Secretary's" in two places in
    subcl. (II).
      Subsec. (a)(2)(B)(x) to (xii). Pub. L. 103-296, Sec.
    201(b)(2)(A)(i), redesignated cls. (ix) to (xi) as (x) to (xii),
    respectively. Former cl. (xii) redesignated (xiii).
      Pub. L. 103-296, Sec. 107(a)(4), in cls. (x) to (xii) as
    redesignated by Pub. L. 103-296, Sec. 201(b)(2)(A)(i), substituted
    "Commissioner of Social Security" for "Secretary" and
    "Commissioner's" for "Secretary's" wherever appearing.
      Subsec. (a)(2)(B)(xiii). Pub. L. 103-296, Sec. 201(b)(2)(A)(i),
    (v), redesignated cl. (xii) as (xiii) and substituted "clause
    (xii)" for "clause (xi)" and "clause (xi)" for "clause (x)".
      Subsec. (a)(2)(C). Pub. L. 103-296, Sec. 107(a)(4), in subpar.
    (C) as amended by Pub. L. 103-432, Sec. 264(f), substituted
    "Commissioner of Social Security" for "Secretary" wherever
    appearing.
      Subsec. (a)(2)(C)(i). Pub. L. 103-432, Sec. 264(f)(1),
    substituted "to a representative payee" for "to representative
    payee".
      Subsec. (a)(2)(C)(ii). Pub. L. 103-432, Sec. 264(f)(2), (3),
    redesignated cl. (iii) as (ii) and struck out former cl. (ii) which
    read as follows: "Clause (i) shall not apply in any case where the
    representative payee is a parent or spouse of the individual
    entitled to such payment who lives in the same household as such
    individual. The Secretary shall require such parent or spouse to
    verify on a periodic basis that such parent or spouse continues to
    live in the same household as such individual."
      Subsec. (a)(2)(C)(iii). Pub. L. 103-432, Sec. 264(f)(3),
    redesignated cl. (iv) as (iii). Former cl. (iii) redesignated (ii).
      Subsec. (a)(2)(C)(iv). Pub. L. 103-432, Sec. 264(f)(4),
    substituted "Notwithstanding clauses (i), (ii), and (iii)" for
    "Notwithstanding clauses (i), (ii), (iii), and (iv)".
      Pub. L. 103-432, Sec. 264(f)(3), redesignated cl. (v) as (iv).
    Former cl. (iv) redesignated (iii).
      Subsec. (a)(2)(C)(v). Pub. L. 103-432, Sec. 264(f)(3),
    redesignated cl. (v) as (iv).
      Subsec. (a)(2)(D)(i). Pub. L. 103-296, Sec.
    201(b)(2)(B)(i)(I)(bb), inserted in closing provisions "The
    Secretary shall adjust annually (after 1995) each dollar amount set
    forth in subclause (II) of this clause under procedures providing
    for adjustments in the same manner and to the same extent as
    adjustments are provided for under the procedures used to adjust
    benefit amounts under section 415(i)(2)(A) of this title, except
    that any amount so adjusted that is not a multiple of $1.00 shall
    be rounded to the nearest multiple of $1.00."
      Pub. L. 103-296, Sec. 107(a)(4), in cl. (i) as amended by Pub. L.
    103-296, Sec. 201(b)(2)(B)(i)(I)(bb), substituted "Commissioner of
    Social Security" for "Secretary" in closing provisions.
      Subsec. (a)(2)(D)(i)(II). Pub. L. 103-296, Sec.
    201(b)(2)(B)(i)(I)(aa), added subcl. (II) and struck out former
    subcl. (II) which read as follows: "$25.00 per month."
      Pub. L. 103-296, Sec. 104(a)(7), in subcl. (II) as added by Pub.
    L. 103-296, Sec. 201(b)(2)(B)(i)(I)(aa), substituted
    "Commissioner's" for "Secretary's".
      Subsec. (a)(2)(D)(ii). Pub. L. 103-296, Sec. 201(b)(2)(B)(ii), in
    introductory provisions inserted "State or local government agency
    whose mission is to carry out income maintenance, social service,
    or health care-related activities, any State or local government
    agency with fiduciary responsibilities, or any" after "means any"
    and a comma after "service agency", at end of subcl. (I) inserted
    "and", and in subcl. (II) inserted "and" at end of item (aa),
    substituted a period for "; and" at end of item (bb), and struck
    out item (cc) which read as follows: "was in existence on October
    1, 1988."
      Pub. L. 103-296, Sec. 107(a)(4), substituted "Commissioner of
    Social Security" for "Secretary" wherever appearing.
      Subsec. (a)(2)(D)(iv). Pub. L. 103-296, Sec.
    201(b)(2)(B)(iii)(II), redesignated cl. (v) as (iv).
      Pub. L. 103-296, Sec. 201(b)(2)(B)(iii)(I), struck out cl. (iv)
    which read as follows: "This subparagraph shall cease to be
    effective on July 1, 1994."
      Subsec. (a)(2)(D)(v). Pub. L. 103-296, Sec.
    201(b)(2)(B)(iii)(II), redesignated cl. (v) as (iv).
      Pub. L. 103-296, Sec. 201(b)(2)(B)(i)(II), added cl. (v).
      Subsec. (a)(2)(E). Pub. L. 103-296, Sec. 321(f)(2)(B)(ii), added
    subpar. (E). Former subpar. (E) redesignated (F).
      Pub. L. 103-296, Sec. 107(a)(4), in subpar. (E) as added by Pub.
    L. 103-296, Sec. 321(f)(2)(B)(ii), substituted "Commissioner of
    Social Security" for "Secretary" wherever appearing.
      Subsec. (a)(2)(F), (G). Pub. L. 103-296, Sec. 321(f)(2)(B)(i),
    redesignated subpars. (E) and (F) as (F) and (G), respectively.
      Pub. L. 103-296, Sec. 107(a)(4), in subpars. (F) and (G) as
    redesignated by Pub. L. 103-296, Sec. 321(f)(2)(B)(i), substituted
    "Commissioner of Social Security" for "Secretary" wherever
    appearing and "Commissioner's" for "Secretary's" in subpar. (G).
      Subsec. (a)(3), (4), (6) to (8). Pub. L. 103-296, Sec. 107(a)(4),
    substituted "Commissioner of Social Security" for "Secretary"
    wherever appearing, "the Commissioner's" for "his" in par. (8)(A),
    and "Commissioner's" for "Secretary's" in par. (8)(B).
      Subsec. (b). Pub. L. 103-296, Sec. 107(a)(4), substituted
    "Commissioner of Social Security" for "Secretary" wherever
    appearing and "the Commissioner finds" for "he finds" in par.
    (1)(B).
      Subsec. (b)(3) to (5). Pub. L. 103-432, Sec. 267(b), redesignated
    pars. (4) and (5) as (3) and (4), respectively, and struck out
    former par. (3) which read as follows: "In any case in which
    advance payments for a taxable year made by all employers to an
    individual under section 3507 of the Internal Revenue Code of 1986
    (relating to advance payment of earned income credit) exceed the
    amount of such individual's earned income credit allowable under
    section 32 of such Code for such year, so that such individual is
    liable under section 32(g) of such Code for a tax equal to such
    excess, the Secretary shall provide for an appropriate adjustment
    of such individual's benefit amount under this subchapter so as to
    provide payment to such individual of an amount equal to the amount
    of such benefits lost by such individual on account of such excess
    advance payments."
      Subsec. (c)(1)(A). Pub. L. 103-296, Sec. 107(a)(4), substituted
    "Commissioner of Social Security" for "Secretary" wherever
    appearing, "Commissioner's determination" for "Secretary's
    determination", "the Commissioner's findings" for "his findings",
    "the Commissioner's own motion" for "his own motion", "the
    Commissioner may deem" for "he may deem", and "the Commissioner may
    administer" for "he may administer".
      Subsec. (c)(1)(B). Pub. L. 103-432, Sec. 264(g), substituted
    "subparagraph (A)" for "paragraph (1)" in cls. (i) and (ii).
      Subsec. (c)(1)(B)(ii). Pub. L. 103-296, Sec. 107(a)(4),
    substituted "Commissioner of Social Security" for "Secretary".
      Subsec. (c)(3). Pub. L. 103-296, Sec. 107(a)(4), substituted
    "Commissioner of Social Security" for "Secretary" and
    "Commissioner's" for "Secretary's".
      Subsec. (d)(2)(A)(i). Pub. L. 103-296, Sec. 321(f)(3)(A), amended
    cl. (i) generally. Prior to amendment, cl. (i) read as follows: "by
    substituting 'section 1320a-6(a) or 1383(g) of this title' for
    'section 1320a-6(a) of this title'; and".
      Subsec. (d)(2)(B). Pub. L. 103-296, Sec. 107(a)(4), substituted
    "Commissioner of Social Security" for "Secretary" in two places.
      Subsec. (e)(1). Pub. L. 103-296, Sec. 107(a)(4), substituted
    "Commissioner of Social Security" for "Secretary" wherever
    appearing.
      Subsec. (e)(1)(C). Pub. L. 103-387 added subpar. (C).
      Subsec. (e)(2), (3). Pub. L. 103-296, Sec. 107(a)(4), substituted
    "Commissioner of Social Security" for "Secretary" wherever
    appearing and "the Commissioner may" for "he may" in par. (2).
      Subsec. (e)(4). Pub. L. 103-296, Sec. 206(a)(2), added par. (4).
      Subsec. (e)(5). Pub. L. 103-296, Sec. 107(a)(4), substituted
    "Commissioner of Social Security" for "Secretary" in introductory
    provisions.
      Subsec. (e)(6). Pub. L. 103-432, Sec. 268, redesignated subpars.
    (1) and (2) of par. (6), relating to face-to-face interviews in
    field offices, as subpars. (A) and (B), respectively.
      Pub. L. 103-296, Sec. 206(d)(2), added par. (6) relating to
    suspicion of fraud or similar fault.
      Pub. L. 103-296, Sec. 107(a)(4), in par. (6), relating to
    suspicion of fraud or similar fault, as added by Pub. L. 103-296,
    Sec. 206(d)(2), substituted "Commissioner of Social Security" for
    "Secretary" wherever appearing.
      Pub. L. 103-296, Sec. 107(a)(4), substituted "Commissioner of
    Social Security" for "Secretary" in closing provisions of par. (6)
    relating to face-to-face interviews in field offices.
      Subsec. (e)(7). Pub. L. 103-296, Sec. 206(f)(1), added par. (7).
      Pub. L. 103-296, Sec. 107(a)(4), in par. (7) as added by Pub. L.
    103-296, Sec. 206(f)(1), substituted "Commissioner of Social
    Security" for "Secretary" wherever appearing.
      Subsecs. (f) to (m). Pub. L. 103-296, Sec. 107(a)(4), substituted
    "Commissioner of Social Security" for "Secretary" wherever
    appearing, except where appearing before "of the Treasury" in
    subsec. (i)(1) and (3).
      Subsec. (n). Pub. L. 103-432, Sec. 264(b), which directed
    substitution of "section" for "subsection", could not be executed
    because of amendment by Pub. L. 103-296, Sec. 321(h)(1)(A), which
    substituted "subchapter" for "subsection". See below.
      Pub. L. 103-296, Sec. 321(h)(1)(B), redesignated subsec. (n)
    relating to notice requirements as (o).
      Pub. L. 103-296, Sec. 321(h)(1)(A), substituted "subchapter" for
    "subsection" in subsec. (n) relating to concurrent SSI and food
    stamp applications by institutionalized individuals.
      Pub. L. 103-296, Sec. 107(a)(4), substituted "The Commissioner of
    Social Security and" for "The Secretary and" in subsec. (n)
    relating to concurrent SSI and food stamp applications by
    institutionalized individuals.
      Subsec. (o). Pub. L. 103-296, Sec. 321(h)(1)(B), redesignated
    subsec. (n) relating to notice requirements as (o).
      Pub. L. 103-296, Sec. 107(a)(4), in subsec. (o) as redesignated
    by Pub. L. 103-296, Sec. 321(h)(1)(B), substituted "Commissioner of
    Social Security" for "Secretary" in two places in introductory
    provisions.
      1990 - Subsec. (a)(2)(A). Pub. L. 101-508, Sec. 5105(a)(1)(B)(i),
    amended subpar. (A) generally. Prior to amendment, subpar. (A) read
    as follows: "Payments of the benefit of any individual may be made
    to any such individual or to his eligible spouse (if any) or partly
    to each, or, if the Secretary deems it appropriate to any other
    person (including an appropriate public or private agency) who is
    interested in or concerned with the welfare of such individual (or
    spouse). Notwithstanding the provisions of the preceding sentence,
    in the case of any individual or eligible spouse referred to in
    section 1382(e)(3)(A) of this title, the Secretary shall provide
    for making payments of the benefit to any other person (including
    an appropriate public or private agency) who is interested in or
    concerned with the welfare of such individual (or spouse)."
      Subsec. (a)(2)(B). Pub. L. 101-508, Sec. 5105(a)(2)(A)(ii),
    amended subpar. (B) generally. Prior to amendment, subpar. (B) read
    as follows: "Any determination made under subparagraph (A) that
    payment should be made to a person other than the individual or
    spouse entitled to such payment must be made on the basis of an
    investigation, carried out either prior to such determination or
    within forty-five days after such determination, and on the basis
    of adequate evidence that such determination is in the interest of
    the individual or spouse entitled to such payment (as determined by
    the Secretary in regulations). The Secretary shall ensure that such
    determinations are adequately reviewed."
      Subsec. (a)(2)(C)(i). Pub. L. 101-508, Sec. 5105(a)(1)(B)(ii)(I),
    substituted "representative payee of an individual or spouse" for
    "a person other than the individual or spouse entitled to such
    payment".
      Subsec. (a)(2)(C)(ii) to (iv). Pub. L. 101-508, Sec.
    5105(a)(1)(B)(ii)(II), substituted "representative payee" for
    "other person to whom such payment is made".
      Subsec. (a)(2)(C)(v). Pub. L. 101-508, Sec.
    5105(a)(1)(B)(ii)(III), substituted "representative payee" for
    "person receiving payments on behalf of another" and for "person
    receiving such payments".
      Subsec. (a)(2)(D). Pub. L. 101-508, Sec.
    5105(a)(3)(A)(ii)(III)[(II)], added subpar. (D). Former subpar. (D)
    redesignated (E).
      Subsec. (a)(2)(E). Pub. L. 101-508, Sec. 5105(c)(2), added
    subpar. (E). Former subpar. (E) redesignated (F).
      Pub. L. 101-508, Sec. 5105(a)(3)(A)(ii)(I), redesignated subpar.
    (D) as (E).
      Subsec. (a)(2)(F). Pub. L. 101-508, Sec. 5105(d)(1)(B), which
    directed amendment of subsec. (a)(2)(E), as redesignated by section
    5105(c)(2) of Pub. L. 101-508, by redesignating it as subpar. (E)
    and amending it generally, was executed to subpar. (E), as added by
    section 5105(c)(2) of Pub. L. 101-508, as the probable intent of
    Congress. Prior to amendment, subpar. (E) read as follows: "In
    cases where the negligent failure of the Secretary to investigate
    or monitor a representative payee results in misuse of benefits by
    the representative payee, the Secretary shall make payment to the
    beneficiary or the beneficiary's representative payee of an amount
    equal to such misused benefits. The Secretary shall make a good
    faith effort to obtain restitution from the terminated
    representative payee."
      Pub. L. 101-508, Sec. 5105(c)(2), redesignated subpar. (E) as
    (F).
      Subsec. (a)(4)(B). Pub. L. 101-508, Sec. 5038(a), substituted "6
    months" for "3 months".
      Subsec. (a)(6)(A). Pub. L. 101-508, Sec. 5113(b)(1), added
    subpar. (A) and struck out former subpar. (A) which read as
    follows: "such individual is participating in an approved
    vocational rehabilitation program under a State plan approved under
    title I of the Rehabilitation Act of 1973, and".
      Subsec. (a)(6)(B). Pub. L. 101-508, Sec. 5113(b)(2), substituted
    "Secretary" for "Commissioner of Social Security".
      Subsec. (a)(9). Pub. L. 101-508, Sec. 5031(c), added par. (9).
      Subsec. (c)(1). Pub. L. 101-508, Sec. 5107(a)(2), designated
    existing provision as subpar. (A) and added subpar. (B).
      Subsec. (d)(2)(A). Pub. L. 101-508, Sec. 5106(a)(2), amended
    subpar. (A) generally, substituting cls. (i) and (ii) for former
    single par. which authorized Secretary to prescribe regulations
    relating to representation of claimants before the Secretary,
    representation by attorneys, suspension of representatives, and
    maximum fees for representation, provided penalties for deceiving
    claimants and exceeding maximum fees, and required Secretary to
    maintain in the electronic information retrieval system of the
    Social Security Administration the identity of representatives of
    claimants.
      Subsec. (h). Pub. L. 101-508, Sec. 5106(c), inserted at end "The
    amount available for payment under this subsection for travel by a
    representative to attend an administrative proceeding before an
    administrative law judge or other adjudicator shall not exceed the
    maximum amount allowable under this subsection for such travel
    originating within the geographic area of the office having
    jurisdiction over such proceeding."
      Subsec. (j)(2)(A). Pub. L. 101-508, Sec. 5039(b), inserted
    "(other than subsection (c) thereof)" after first reference to
    "section 1382h of this title".
      Subsec. (m). Pub. L. 101-508, Sec. 5040(1), struck out at end
    "The Secretary and the Secretary of Agriculture shall develop a
    procedure under which an individual who applies for supplemental
    security income benefits under this subchapter shall also be
    permitted to apply for participation in the food stamp program by
    executing a single application."
      Subsec. (n). Pub. L. 101-508, Sec. 5109(a)(2), added subsec. (n)
    relating to notice requirements.
      Pub. L. 101-508, Sec. 5040(2), added subsec. (n) relating to
    concurrent SSI and food stamp applications by institutionalized
    individuals.
      1989 - Subsec. (c)(1). Pub. L. 101-239, Sec. 10305(e), inserted
    at end "The Secretary shall specifically take into account any
    physical, mental, educational, or linguistic limitation of such
    individual (including any lack of facility with the English
    language) in determining, with respect to the eligibility of such
    individual for benefits under this subchapter, whether such
    individual acted in good faith or was at fault, and in determining
    fraud, deception, or intent."
      Subsec. (d)(2). Pub. L. 101-239, Sec. 10307(b)(2), designated
    existing provisions as subpar. (A) and added subpar. (B).
      Pub. L. 101-239, Sec. 10307(a)(2), inserted at end "The Secretary
    shall maintain in the electronic information retrieval system used
    by the Social Security Administration a current record, with
    respect to any claimant before the Secretary, of the identity of
    any person representing such claimant in accordance with this
    paragraph."
      Subsec. (e)(5). Pub. L. 101-239, Sec. 10302(b)(1), added par.
    (5).
      Subsec. (e)(6). Pub. L. 101-239, Sec. 10303(b), added par. (6).
      1988 - Subsec. (a)(8). Pub. L. 100-647 added par. (8).
      1987 - Subsec. (a)(4)(A). Pub. L. 100-203, Sec. 9109(a),
    substituted "a cash advance against such benefits, including any
    federally-administered State supplementary payments, in an amount
    not exceeding the monthly amount that would be payable to an
    eligible individual with no other income for the first month of
    such presumptive eligibility" for "a cash advance against such
    benefits in an amount not exceeding $100".
      Subsec. (a)(6). Pub. L. 100-203, Sec. 9112(a), in introductory
    provision inserted "blindness (as determined under section
    1382c(a)(2) of this title) or" before "disability" and "blindness
    or other" before "physical", and in subpar. (B) inserted "blindness
    and" before "disability".
      Subsec. (g)(2). Pub. L. 100-203, Sec. 9110(a), substituted "at
    the time the Secretary makes the first payment of benefits with
    respect to the period described in clause (A) or (B) of paragraph
    (3)" for "at the time the Secretary makes the first payment of
    benefits".
      Subsec. (g)(3). Pub. L. 100-203, Sec. 9110(b), inserted cl. (A)
    designation after "basic needs" and added cl. (B).
      Subsec. (j). Pub. L. 100-203, Sec. 9123, redesignated subsec.
    (j), relating to pre-release procedures for institutionalized
    persons, as (m).
      Subsec. (l). Pub. L. 100-203, Sec. 9111(a)(1), added subsec. (l).
      Subsec. (m). Pub. L. 100-203, Sec. 9123, redesignated subsec.
    (j), relating to pre-release procedures for institutionalized
    persons, as (m) and reenacted heading without change.
      1986 - Subsec. (b)(1). Pub. L. 99-643, Sec. 8(a), substituted
    "(A) Whenever the Secretary" for "Whenever the Secretary", "by
    recovery from such individual or his eligible spouse (or from the
    estate of either) or by payment to such individual or his eligible
    spouse, or, if such individual is deceased, by payment - " for "by
    recovery from or payment to such individual or his eligible spouse
    (or by recovery from the estate of either). The Secretary (A) shall
    make", added subpar. (A)(i) and (ii), substituted "(B) the
    Secretary (i) shall make such provision" for "such provision", "and
    (ii) shall in any event" for "and (B) shall in any event", "(I) the
    amount" for "(i) the amount", "(II) an amount" for "(ii) an
    amount", "clause (ii)" for "clause (B)", and "clause (i)" for
    "clause (A)".
      Subsec. (b)(2). Pub. L. 99-272 added par. (2). Former par. (2)
    redesignated (3).
      Subsec. (b)(3). Pub. L. 99-514, Sec. 2, substituted "Internal
    Revenue Code of 1986" for "Internal Revenue Code of 1954".
      Pub. L. 99-272 redesignated par. (2) as (3). Former par. (3)
    redesignated (4).
      Subsec. (b)(4), (5). Pub. L. 99-272 redesignated pars. (3) and
    (4) as (4) and (5), respectively.
      Subsec. (e)(1)(A). Pub. L. 99-643, Sec. 4(c)(1)(A), substituted
    "subparagraph (B) and subsection (j) of this section" for
    "subparagraph (B)".
      Subsec. (e)(1)(B). Pub. L. 99-514, Sec. 2, substituted "Internal
    Revenue Code of 1986" for "Internal Revenue Code of 1954".
      Subsec. (e)(3). Pub. L. 99-570, Sec. 11005(a), added par. (3).
      Subsec. (g). Pub. L. 99-514, Sec. 1883(d)(1), amended heading
    generally.
      Subsec. (j). Pub. L. 99-570, Sec. 11006, added subsec. (j)
    relating to pre-release procedures for institutionalized persons.
      Pub. L. 99-643, Sec. 4(c)(1)(B), added subsec. (j) relating to
    application and review requirements for certain individuals.
      Subsec. (j)(2)(A). Pub. L. 99-643, Sec. 4(d)(3)(B), in subsec.
    (j) relating to application and review requirements, substituted
    "section 1382c(a)(4) of this title" for "section 1382c(a)(5) of
    this title" in closing provisions.
      Subsec. (k). Pub. L. 99-643, Sec. 5, added subsec. (k).
      1984 - Subsec. (a)(2). Pub. L. 98-460, Sec. 16(b), redesignated
    existing provisions as subpar. (A) and added subpars. (B) to (D).
      Subsec. (a)(7). Pub. L. 98-460, Sec. 7(b), added par. (7).
      Pub. L. 98-369, Sec. 2612(a), inserted "(A)" before "shall make
    such provision" in second sentence, and added cl. (B).
      Subsec. (b)(1). Pub. L. 98-369, Sec. 2663(g)(11)(A), substituted
    "equity and good conscience" for "equity or good conscience".
      Subsec. (b)(2). Pub. L. 98-369, Sec. 2663(g)(11)(B), substituted
    "section 32" and "section 32(g)" for "section 43" and "section
    43(g)", respectively.
      Subsec. (b)(3), (4). Pub. L. 98-369, Sec. 2613, added par. (3)
    and redesignated former par. (3) as (4).
      Subsec. (d)(1). Pub. L. 98-369, Sec. 2663(g)(12), substituted
    "and (e)" for "(e), and (f)".
      Subsec. (e)(1)(B). Pub. L. 98-369, Sec. 2651(j), inserted
    provision that for this purpose and for purposes of federally
    administered supplementary payments of the type described in
    section 1382e(a) of this title (including payments pursuant to an
    agreement entered into under section 212(a) of Public Law 93-66),
    the Secretary shall, as may be necessary, request and utilize
    information available pursuant to section 6103(l)(7) of the
    Internal Revenue Code of 1954, and any information which may be
    available from State systems under section 1320b-7 of this title,
    and shall comply with the requirements applicable to States (with
    respect to information available pursuant to section 6103(l)(7)(B)
    of such Code) under subsections (a)(6) and (c) of such section
    1320b-7 of this title.
      1982 - Subsec. (i)(2). Pub. L. 97-248 substituted "such benefit
    checks" for "checks payable to individuals entitled to benefits
    under this subchapter but".
      1981 - Subsec. (i). Pub. L. 97-35 added subsec. (i).
      1980 - Subsec. (a)(6). Pub. L. 96-265, Sec. 301(b), added par.
    (6).
      Subsec. (b). Pub. L. 96-473 redesignated par. (2) as added by
    Pub. L. 96-265, Sec. 501(c), as (3).
      Pub. L. 96-265, Sec. 501(c), designated existing provisions as
    par. (1) and added par. (2), without reference to identical
    amendment made by Pub. L. 96-222. Such par. (2) was subsequently
    redesignated par. (3) by Pub. L. 96-473.
      Pub. L. 96-222 designated existing provisions as par. (1) and
    added par. (2).
      Subsec. (c)(1). Pub. L. 96-265, Sec. 305(b), inserted provisions
    relating to information that must accompany a decision of
    Secretary.
      Subsec. (h). Pub. L. 96-265, Sec. 310(b), added subsec. (h).
      1976 - Subsec. (a)(4)(B). Pub. L. 94-569 inserted "or blindness"
    after "disability" and "or blind" after "disabled" wherever
    appearing.
      Subsec. (c)(1). Pub. L. 94-202, Sec. 1, increased authority of
    Secretary by permitting him to hold hearings on his own motion, to
    administer oaths, examine witnesses, and receive evidence at
    hearings, and increased time within which a request for a hearing
    be made after notice of Secretary's determination is received from
    thirty to sixty days.
      Subsec. (c)(2). Pub. L. 94-202, Sec. 1, reenacted par. (2)
    without change.
      Subsec. (c)(3). Pub. L. 94-202, Sec. 1, struck out exception to
    judicial review which made factual determinations by the Secretary,
    after a hearing as provided by subsec. (c)(1), final and
    conclusive.
      Subsec. (d)(2), (3). Pub. L. 94-202, Sec. 2, struck out par. (2)
    which related to appointment of individuals to serve as hearing
    examiners without meeting specific standards prescribed for hearing
    examiners, and redesignated par. (3) as par. (2).
      Subsec. (g). Pub. L. 94-365 struck out par. (6) which provided
    that provisions of this subsection were to expire on June 30, 1976,
    at least sixty days prior to which, the Secretary was to submit to
    Congress a report assessing effects of actions taken pursuant to
    this subsection and including whatever recommendations the
    Secretary deemed appropriate.
      1974 - Subsec. (g). Pub. L. 93-368 added subsec. (g).
      1973 - Subsec. (a)(4)(B). Pub. L. 93-233 inserted "solely because
    such individual is determined not to be disabled."
                     EFFECTIVE DATE OF 2006 AMENDMENT
      Pub. L. 109-171, title VII, Sec. 7502(b), Feb. 8, 2006, 120 Stat.
    154, provided that: "The amendment made by subsection (a) [amending
    this section] shall take effect 3 months after the date of the
    enactment of this Act [Feb. 8, 2006]."
             EFFECTIVE AND TERMINATION DATES OF 2004 AMENDMENT
      Amendment by section 101(c)(1), (3) of Pub. L. 108-203 applicable
    to any case of benefit misuse by a representative payee with
    respect to which the Commissioner of Social Security makes the
    determination of misuse on or after Jan. 1, 1995, see section
    101(d) of Pub. L. 108-203, set out as a note under section 405 of
    this title.
      Amendment by section 102(a)(2) of Pub. L. 108-203 effective on
    the first day of the thirteenth month beginning after Mar. 2, 2004,
    see section 102(a)(3) of Pub. L. 108-203, set out as a note under
    section 405 of this title.
      Amendment by section 103(c) of Pub. L. 108-203 effective on the
    first day of the thirteenth month beginning after Mar. 2, 2004, see
    section 103(d) of Pub. L. 108-203, set out as a note under section
    405 of this title.
      Amendment by section 104(b) of Pub. L. 108-203 applicable to any
    month involving benefit misuse by a representative payee in any
    case with respect to which the Commissioner of Social Security or a
    court of competent jurisdiction makes the determination of misuse
    after 180 days after Mar. 2, 2004, see section 104(c) of Pub. L.
    108-203, set out as a note under section 405 of this title.
      Amendment by section 105(c) of Pub. L. 108-203 applicable to
    benefit misuse by a representative payee in any case with respect
    to which the Commissioner of Social Security or a court of
    competent jurisdiction makes the determination of misuse after 180
    days after Mar. 2, 2004, see section 105(d) of Pub. L. 108-203, set
    out as a note under section 405 of this title.
      Amendment by section 106(c) of Pub. L. 108-203 effective 180 days
    after Mar. 2, 2004, see section 106(d) of Pub. L. 108-203, set out
    as a note under section 405 of this title.
      Amendment by section 210(b)(4) of Pub. L. 108-203 effective Mar.
    2, 2004, and effective with respect to overpayments under
    subchapters II, VIII, and XVI of this chapter that are outstanding
    on or after such date, see section 210(c) of Pub. L. 108-203, set
    out as a note under section 404 of this title.
      Pub. L. 108-203, title III, Sec. 302(c), Mar. 2, 2004, 118 Stat.
    521, provided that:
      "(1) In general. - The amendments made by this section [amending
    this section] shall apply with respect to fees for representation
    of claimants which are first required to be paid under section
    1631(d)(2) of the Social Security Act [subsec. (d)(2) of this
    section] on or after the date of the submission by the Commissioner
    of Social Security to each House of Congress pursuant to section
    303(d) of this Act [set out as a note under section 406 of this
    title] of written notice of completion of full implementation of
    the requirements for operation of the demonstration project under
    section 303 of this Act [set out as a note under section 406 of
    this title].
      "(2) Sunset. - Such amendments shall not apply with respect to
    fees for representation of claimants in the case of any claim for
    benefits with respect to which the agreement for representation is
    entered into after 5 years after the date described in paragraph
    (1)."
                     EFFECTIVE DATE OF 1999 AMENDMENTS
      Amendment by section 101(b)(2)(C) of 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.
      Amendment by section 112(b) of Pub. L. 106-170 effective on the
    first day of the thirteenth month beginning after Dec. 17, 1999,
    and no benefit to be payable under this subchapter on the basis of
    a request for reinstatement filed under subsec. (p) of this section
    before such date, see section 112(c) of Pub. L. 106-170, set out as
    a note under section 423 of this title.
      Amendment by section 201(b) of Pub. L. 106-169 applicable to
    overpayments made 12 months or more after Dec. 14, 1999, see
    section 201(c) of Pub. L. 106-169, set out as a note under section
    404 of this title.
      Pub. L. 106-169, title II, Sec. 202(b), Dec. 14, 1999, 113 Stat.
    1832, provided that: "The amendments made by this section [amending
    this section] shall take effect 12 months after the date of the
    enactment of this Act [Dec. 14, 1999] and shall apply to amounts
    incorrectly paid which remain outstanding on or after such date."
      Amendment by section 203(a) of Pub. L. 106-169 applicable to debt
    outstanding on or after Dec. 14, 1999, see section 203(d) of Pub.
    L. 106-169, set out as a note under section 3701 of Title 31, Money
    and Finance.
                     EFFECTIVE DATE OF 1998 AMENDMENT
      Amendment by Pub. L. 105-306 effective Oct. 28, 1998, and
    applicable to amounts incorrectly paid which remain outstanding on
    or after such date, see section 8(c) of Pub. L. 105-306, set out as
    a note under section 404 of this title.
                     EFFECTIVE DATE OF 1997 AMENDMENT
      Amendment by section 5522(b) of Pub. L. 105-33 effective as if
    included in the enactment of title II of the Personal
    Responsibility and Work Opportunity Reconciliation Act of 1996,
    Pub. L. 104-193, see section 5528(a) of Pub. L. 105-33, set out as
    a note under section 903 of this title.
      Amendment by section 5564 of Pub. L. 105-33 effective as if
    included in the enactment of title IV of the Personal
    Responsibility and Work Opportunity Reconciliation Act of 1996,
    Pub. L. 104-193, see section 5582 of Pub. L. 105-33, set out as a
    note under section 1367 of Title 8, Aliens and Nationality.
                     EFFECTIVE DATE OF 1996 AMENDMENTS
      Amendment by section 204(b), (c)(2) of Pub. L. 104-193 applicable
    to applications for benefits under this subchapter filed on or
    after Aug. 22, 1996, without regard to whether regulations have
    been issued to implement amendments by section 204 of Pub. L. 104-
    193, see section 204(d) of Pub. L. 104-193, set out as a note
    under section 1382 of this title.
      Amendment by section 213(a) of Pub. L. 104-193 applicable to
    payments made after Aug. 22, 1996, see section 213(d) of Pub. L.
    104-193, set out as a note under section 1382a of this title.
      Section 221(c) of Pub. L. 104-193 provided that:
      "(1) In general. - The amendments made by this section [amending
    this section] are effective with respect to past-due benefits
    payable under title XVI of the Social Security Act [this
    subchapter] after the third month following the month in which this
    Act is enacted [August 1996].
      "(2) Benefits payable under title xvi. - For purposes of this
    subsection, the term 'benefits payable under title XVI of the
    Social Security Act' includes supplementary payments pursuant to an
    agreement for Federal administration under section 1616(a) of the
    Social Security Act [section 1382e(a) of this title], and payments
    pursuant to an agreement entered into under section 212(b) of
    Public Law 93-66 [set out as a note under section 1382 of this
    title]."
      Amendment by Pub. L. 104-121 effective July 1, 1996, with respect
    to any individual whose claim for benefits is finally adjudicated
    on or after Mar. 29, 1996, or whose eligibility for benefits is
    based upon eligibility redetermination made pursuant to section
    105(b)(5)(C) of Pub. L. 104-121, see section 105(b)(5) of Pub. L.
    104-121, as amended, set out as a note under section 1382 of this
    title.
                     EFFECTIVE DATE OF 1994 AMENDMENTS
      Amendment by section 264(b) and (e)-(g) of Pub. L. 103-432
    effective as if included in the provision of Pub. L. 101-508 to
    which the amendment relates at the time such provision became law,
    see section 264(h) of Pub. L. 103-432, set out as a note under
    section 1320b-9 of this title.
      Section 6(b) of Pub. L. 103-387 provided that: "The amendment
    made by subsection (a) [amending this section] shall apply to
    admissions occurring on or after October 1, 1995."
      Amendment 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.
      Section 201(b)(1)(C) of Pub. L. 103-296 provided that: "The
    amendments made by this paragraph [amending this section] shall
    apply with respect to months beginning after 180 days after the
    date of the enactment of this Act [Aug. 15, 1994]."
      Section 201(b)(2)(B)(iii)(I) of Pub. L. 103-296 provided that the
    amendment made by that section is effective July 1, 1994.
      Section 201(b)(2)(C) of Pub. L. 103-296 provided that: "Except as
    provided in subparagraph (B)(iii)(I) [amending this section and
    enacting provisions set out as a note above], the amendments made
    by this paragraph [amending this section] shall apply with respect
    to months beginning after 90 days after the date of the enactment
    of this Act [Aug. 15, 1994]."
      Amendment by section 206(a)(2) of Pub. L. 103-296 applicable to
    translations made on or after Oct. 1, 1994, see section 206(a)(3)
    of Pub. L. 103-296, set out as a note under section 405 of this
    title.
      Amendment by section 206(d)(2) of Pub. L. 103-296 effective Oct.
    1, 1994, and applicable to determinations made before, on, or after
    such date, see section 206(d)(3) of Pub. L. 103-296, set out as a
    note under section 405 of this title.
      Section 206(f)(2) of Pub. L. 103-296 provided that: "The
    amendment made by paragraph (1) [amending this section] shall take
    effect on October 1, 1994."
      Amendment by section 321(f)(2)(B), (3)(A) of Pub. L. 103-296
    effective as if included in the provisions of Pub. L. 101-508 to
    which such amendment relates, see section 321(f)(5) of Pub. L. 103-
    296, set out as a note under section 405 of this title.
                     EFFECTIVE DATE OF 1990 AMENDMENT
      Amendment by section 5031(c) of Pub. L. 101-508 applicable with
    respect to benefits for months beginning on or after the first day
    of the 6th calendar month following November 1990, see section
    5031(d) of Pub. L. 101-508, set out as a note under section 1382a
    of this title.
      Section 5038(b) of Pub. L. 101-508 provided that: "The amendment
    made by subsection (a) [amending this section] shall apply with
    respect to benefits for months beginning on or after the first day
    of the 6th calendar month following the month in which this Act is
    enacted [November 1990]."
      Amendment by section 5105(a)(1)(B), (2)(A)(ii) of Pub. L. 101-508
    effective July 1, 1991, and applicable only with respect to (i)
    certifications of payment of benefits under subchapter II of this
    chapter to representative payees made on or after such date; and
    (ii) provisions for payment of benefits under this subchapter to
    representative payees made on or after such date, and amendment by
    section 5105(a)(3)(A)(ii) of Pub. L. 101-508 effective July 1,
    1991, see section 5105(a)(5) of Pub. L. 101-508 set out as a note
    under section 405 of this title.
      Amendment by section 5105(d)(1)(B) of Pub. L. 101-508 applicable
    with respect to annual reports issued for years after 1991, see
    section 5105(d)(2) of Pub. L. 101-508, set out as a note under
    section 405 of this title.
      Amendment by section 5106(a)(2), (c) of Pub. L. 101-508
    applicable with respect to determinations made on or after July 1,
    1991, and to reimbursement for travel expenses incurred on or after
    Apr. 1, 1991, see section 5106(d) of Pub. L. 101-508, set out as a
    note under section 401 of this title.
      Amendment by section 5107(a)(2) of Pub. L. 101-508 applicable
    with respect to adverse determinations made on or after July 1,
    1991, see section 5107(b) of Pub. L. 101-508, set out as a note
    under section 405 of this title.
      Amendment by section 5109(a)(2) of Pub. L. 101-508 applicable
    with respect to notices issued on or after July 1, 1991, see
    section 5109(b) of Pub. L. 101-508, set out as a note under section
    405 of this title.
      Amendment by section 5113(b) of Pub. L. 101-508 effective with
    respect to benefits payable for months after the eleventh month
    following November 1990, and applicable only with respect to
    individuals whose blindness or disability has or may have ceased
    after such eleventh month, see section 5113(c) of Pub. L. 101-508,
    set out as a note under section 425 of this title.
                     EFFECTIVE DATE OF 1989 AMENDMENT
      Section 10302(b)(2) of Pub. L. 101-239 provided that: "The
    amendment made by paragraph (1) [amending this section] shall apply
    with respect to misinformation furnished on or after the date of
    the enactment of this Act [Dec. 19, 1989] and to benefits for
    months after the month in which this Act is enacted [December
    1989]."
      Amendment by section 10303(b) of Pub. L. 101-239 applicable to
    visits to field offices of Social Security Administration on or
    after Jan. 1, 1990, see section 10303(c) of Pub. L. 101-239, set
    out as a note under section 405 of this title.
      Amendment by section 10305(e) of Pub. L. 101-239 applicable with
    respect to determinations made on or after July 1, 1990, see
    section 10305(f) of Pub. L. 101-239, set out as a note under
    section 403 of this title.
      Amendment by section 10307(a)(2) of Pub. L. 101-239 effective
    June 1, 1991, see section 10307(a)(3) of Pub. L. 101-239, set out
    as a note under section 406 of this title.
      Amendment by section 10307(b)(2) of Pub. L. 101-239 applicable
    with respect to adverse determinations made on or after Jan. 1,
    1991, see section 10307(b)(3) of Pub. L. 101-239, set out as a note
    under section 406 of this title.
                     EFFECTIVE DATE OF 1988 AMENDMENT
      Amendment by Pub. L. 100-647 applicable to determinations by
    administrative law judges of entitlement to benefits made after 180
    days after Nov. 10, 1988, see section 8001(c) of Pub. L. 100-647,
    set out as a note under section 423 of this title.
                     EFFECTIVE DATE OF 1987 AMENDMENT
      Section 9109(b) of Pub. L. 100-203 provided that: "The amendment
    made by subsection (a) [amending this section] shall become
    effective on the date of the enactment of this Act [Dec. 22,
    1987]."
      Section 9110(c) of Pub. L. 100-203 provided that: "The amendments
    made by this section [amending this section] shall become effective
    with the 13th month following the month in which this Act is
    enacted [December 1987], or, if sooner, with the first month for
    which the Secretary of Health and Human Services determines that it
    is administratively feasible."
      Section 9111(c) of Pub. L. 100-203 provided that: "The amendment
    made by subsection (a) [amending this section] shall become
    effective July 1, 1988."
      Section 9112(b) of Pub. L. 100-203 provided that: "The amendments
    made by subsection (a) [amending this section] shall become
    effective April 1, 1988."
                     EFFECTIVE DATE OF 1986 AMENDMENTS
      Amendment by sections 4(c)(1), (d)(3)(B) and 5 of Pub. L. 99-643
    effective July 1, 1987, except as otherwise provided, see section
    10(b) of Pub. L. 99-643, set out as a note under section 1396a of
    this title.
      Section 8(b) of Pub. L. 99-643 provided that: "The amendments
    made by subsection (a) [amending this section] shall apply with
    respect to benefits payable for months after May 1986."
      Section 11005(c)(1) of Pub. L. 99-570 provided that: "The
    amendment made by subsection (a) [amending this section] shall
    become effective on the date of the enactment of this Act [Oct. 27,
    1986]."
      Amendment by Pub. L. 99-272 applicable only in the case of deaths
    of which the Secretary is first notified on or after Apr. 7, 1986,
    see section 12113(c) of Pub. L. 99-272, set out as a note under
    section 404 of this title.
                     EFFECTIVE DATE OF 1984 AMENDMENTS
      Amendment by section 16(b) of Pub. L. 98-460 effective Oct. 9,
    1984, see section 16(d) of Pub. L. 98-460, set out as a note under
    section 405 of this title.
      Amendment by sections 2612(a) and 2613 of Pub. L. 98-369
    effective Oct. 1, 1984, except as otherwise specifically provided,
    see section 2646 of Pub. L. 98-369, set out as a note under section
    657 of this title.
      Amendment by section 2651(j) of Pub. L. 98-369 effective July 18,
    1984, see section 2651(l)(1) of Pub. L. 98-369, set out as an
    Effective Date note under section 1320b-7 of this title.
      Amendment by section 2663(g)(11), (12) of Pub. L. 98-369
    effective July 18, 1984, but not to be construed as changing or
    affecting any right, liability, status, or interpretation which
    existed (under the provisions of law involved) before that date,
    see section 2664(b) of Pub. L. 98-369, set out as a note under
    section 401 of this title.
                     EFFECTIVE DATE OF 1982 AMENDMENT
      Section 187(b) of Pub. L. 97-248 provided that: "The amendment
    made by subsection (a) [amending this section] shall become
    effective October 1, 1982."
                     EFFECTIVE DATE OF 1981 AMENDMENT
      Section 2343(b) of Pub. L. 97-35 provided that: "The amendment
    made by subsection (a) [amending this section] shall become
    effective October 1, 1982."
                     EFFECTIVE DATE OF 1980 AMENDMENT
      Amendment by section 301(b) of Pub. L. 96-265 effective on first
    day of sixth month which begins after June 9, 1980, and applicable
    with respect to individuals whose disability has not been
    determined to have ceased prior to such first day, see section
    301(c) of Pub. L. 96-265, set out as a note under section 425 of
    this title.
      Amendment by section 305(b) of Pub. L. 96-265 applicable with
    respect to decisions made on or after the first day of the 13th
    month following June, 1980, see section 305(c) of Pub. L. 96-265,
    set out as a note under section 405 of this title.
      Amendment by section 501(c) of Pub. L. 96-265 applicable in the
    case of payments of monthly insurance benefits under subchapter II
    of this chapter, entitlement for which is determined on or after
    July 1, 1981, see section 501(d) of Pub. L. 96-265, set out as an
    Effective Date note under section 1320a-6 of this title.
                     EFFECTIVE DATE OF 1976 AMENDMENTS
      Section 4(b) of Pub. L. 94-569 provided that: "The amendments
    made by this section [amending this section] shall apply with
    respect to months after the month following the month in which this
    Act is enacted [October 1976]."
      Amendment by sections 1 and 2 of Pub. L. 94-202 effective Jan. 2,
    1976, with the amendment by section 2 of Pub. L. 94-202, to the
    extent that it changes the period within which a hearing must be
    requested, applicable to any decision or determination which is
    received on or after Jan. 2, 1976, see section 5 of Pub. L. 94-202,
    set out as a note under section 405 of this title.
                     EFFECTIVE DATE OF 1973 AMENDMENT
      Amendment by Pub. L. 93-233 effective Jan. 1, 1974, see section
    18(z-3)(1) of Pub. L. 93-233.
                              EFFECTIVE DATE
      Section 301 of Pub. L. 92-603 provided that this section is
    effective Jan. 1, 1974.
                                REGULATIONS
      Section 222 of title II of Pub. L. 104-193 provided that: "Within
    3 months after the date of the enactment of this Act [Aug. 22,
    1996], the Commissioner of Social Security shall prescribe such
    regulations as may be necessary to implement the amendments made by
    this subtitle [subtitle C (Secs. 221, 222) of title II of Pub. L.
    104-193, amending this section]."

ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS

      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of Title 8, Aliens and Nationality.

PAYMENT OF TRAVEL EXPENSES

      Pub. L. 102-394, title II, Oct. 6, 1992, 106 Stat. 1807, provided
    in part: "That for fiscal year 1993 and thereafter, travel expense
    payments under section 1631(h) of such Act [subsec. (h) of this
    section] for travel to hearings may be made only when travel of
    more than seventy-five miles is required".
      Similar provisions were contained in the following prior
    appropriation acts:
      Pub. L. 102-170, title II, Nov. 26, 1991, 105 Stat. 1122.
      Pub. L. 101-517, title II, Nov. 5, 1990, 104 Stat. 2204.
      Pub. L. 101-166, title II, Nov. 21, 1989, 103 Stat. 1173.
      Pub. L. 100-436, title II, Sept. 20, 1988, 102 Stat. 1695.
      Pub. L. 100-202, Sec. 101(h) [title II], Dec. 22, 1987, 101 Stat.
    1329-256, 1329-270.
      Pub. L. 99-500, Sec. 101(i) [H.R. 5233, title II], Oct. 18, 1986,
    100 Stat. 1783-287, and Pub. L. 99-591, Sec. 101(i) [H.R. 5233,
    title II], Oct. 30, 1986, 100 Stat. 3341-287.
      Pub. L. 99-178, title II, Dec. 12, 1985, 99 Stat. 1116.
      Pub. L. 98-619, title II, Nov. 8, 1984, 98 Stat. 3318.
      Pub. L. 98-139, title II, Oct. 31, 1983, 97 Stat. 884.
      Pub. L. 97-377, title I, Sec. 101(e)(1), Dec. 21, 1982, 96 Stat.
    1891.
      Pub. L. 97-92, Sec. 101(a) [H.R. 4560, title II], Dec. 15, 1981,
    95 Stat. 1183.
            DEPOSIT OF OVERPAYMENTS IN GENERAL FUND OF TREASURY
      Pub. L. 102-170, title II, Nov. 26, 1991, 105 Stat. 1122,
    provided: "That for fiscal year 1992 and thereafter, all
    collections from repayments of overpayments shall be deposited in
    the general fund of the Treasury."
    OPPORTUNITY FOR INDIVIDUALS RECEIVING BENEFITS TO MAKE ELECTION FOR
            TYPE OF NOTICE OF HEARING OR OTHER OFFICIAL ACTION
      Section 9111(a)(2) of Pub. L. 100-203 directed Secretary of
    Health and Human Services, not later than one year after July 1,
    1988, to provide every individual receiving benefits under this
    subchapter on the basis of blindness an opportunity to make an
    election under subsec. (l)(1) of this section.
        STUDY OF DESIRABILITY AND FEASIBILITY OF SPECIAL NOTICES OF
      HEARINGS AND OTHER ACTIONS TO OTHER INDIVIDUALS UNABLE TO READ
      Section 9111(b) of Pub. L. 100-203 directed Secretary of Health
    and Human Services to study desirability and feasibility of
    extending special or supplementary notices of the type provided to
    blind individuals by subsec. (l) of this section to other
    individuals who may lack the ability to read and comprehend regular
    written notices, and report the results of such study to Congress,
    along with recommendations, within 12 months after Dec. 22, 1987.
           DEMONSTRATION PROGRAM TO ASSIST HOMELESS INDIVIDUALS
      Section 9117 of Pub. L. 100-203, as amended by Pub. L. 104-66,
    title I, Sec. 1061(e), Dec. 21, 1995, 109 Stat. 720, provided that:
      "(a) In General. - The Secretary of Health and Human Services (in
    this section referred to as the 'Secretary') is authorized to make
    grants to States for projects designed to demonstrate and test the
    feasibility of special procedures and services to ensure that
    homeless individuals are provided SSI and other benefits under the
    Social Security Act [this chapter] to which they are entitled and
    receive assistance in using such benefits to obtain permanent
    housing, food, and health care. Each project approved under this
    section shall meet such conditions and requirements, consistent
    with this section, as the Secretary shall prescribe.
      "(b) Scope of Projects. - Projects for which grants are made
    under this section shall include, more specifically, procedures and
    services to overcome barriers which prevent homeless individuals
    (particularly the chronically mentally ill) from receiving and
    appropriately using benefits, including -
        "(1) the creation of cooperative approaches between the Social
      Security Administration, State and local governments, shelters
      for the homeless, and other providers of services to the
      homeless;
        "(2) the establishment, where appropriate, of multi-agency SSI
      Outreach Teams (as described in subsection (c)), to facilitate
      communication between the agencies and staff involved in taking
      and processing claims for SSI and other benefits by the homeless
      who use shelters;
        "(3) special efforts to identify homeless individuals who are
      potentially eligible for SSI or other benefits under the Social
      Security Act [this chapter];
        "(4) the provision of special assistance to the homeless in
      applying for benefits, including assistance in obtaining and
      developing evidence of disability and supporting documentation
      for nondisability-related eligibility requirements;
        "(5) the provision of special training and assistance to public
      and private agency staff, including shelter employees, on
      disability eligibility procedures and evidentiary requirements;
        "(6) the provision of ongoing assistance to formerly homeless
      individuals to ensure their responding to information requests
      related to periodic redeterminations of eligibility for SSI and
      other benefits;
        "(7) the provision of assistance in ensuring appropriate use of
      benefit funds for the purpose of enabling homeless individuals to
      obtain permanent housing, nutrition, and physical and mental
      health care, including the use, where appropriate, of the
      disabled individual's representative payee for case management
      services; and
        "(8) such other procedures and services as the Secretary may
      approve.
      "(c) SSI Outreach Team Projects. - (1) If a State applies for
    funds under this section for the purpose of establishing a multi-
    agency SSI Outreach Team, the membership and functions of such
    Team shall be as follows (except as provided in paragraph (2)):
        "(A) The membership of the Team shall include a social services
      case worker (or case workers, if necessary); a consultative
      medical examiner who is qualified to provide consultative
      examinations for the Disability Determination Service of the
      State; a disability examiner, from the State Disability
      Determination Service; and a claims representative from an office
      of the Social Security Administration.
        "(B) The Team shall have designated members responsible for -
          "(i) identification of homeless individuals who are
        potentially eligible for SSI or other benefits under the Social
        Security Act [this chapter];
          "(ii) ensuring that such individuals understand their rights
        under the programs;
          "(iii) assisting such individuals in applying for benefits,
        including assistance in obtaining and developing evidence and
        supporting documentation relating to disability- and
        nondisability-related eligibility requirements;
          "(iv) arranging transportation and accompanying applicants to
        necessary examinations, if needed; and
          "(v) providing for the tracking and monitoring of all claims
        for benefits by individuals under the project.
        "(2) If the Secretary determines that an application by a State
      for an SSI Outreach Team Project under this section which
      proposes a membership and functions for such Team different from
      those prescribed in paragraph (1) but which is expected to be as
      effective, the Secretary may waive the requirements of such
      paragraph.
      [(d) Repealed. Pub. L. 104-66, title I, Sec. 1061(e), Dec. 21,
    1995, 109 Stat. 720.]
      "(e) Authorization of Appropriations. - To carry out this
    section, there are authorized to be appropriated to the Secretary -
        "(A) the sum of $1,250,000 for the fiscal year 1988;
        "(B) the sum of $2,500,000 for the fiscal year 1989; and
        "(C) such sums as may be necessary for each fiscal year
      thereafter."
            NOTIFICATION OF ADJUSTMENT OF BENEFITS BY SECRETARY
      Section 2612(b) of Pub. L. 98-369 provided that: "If an
    adjustment referred to in section 1631(b)(1) of the Social Security
    Act [subsec. (b)(1) of this section] is in effect with respect to
    an individual or eligible spouse on the effective date of this
    subsection [Oct. 1, 1984], and the amount of such adjustment for a
    month is greater than the amount described in section
    1631(b)(1)(B)(ii) of such Act [subsec. (b)(1)(B)(ii) of this
    section], as added by subsection (a), the Secretary shall notify
    the individual whose benefits are being adjusted, in writing, of
    his or her right to have the adjustment reduced to the amount
    described in such section 1631(b)(1)(B)(ii)."
                PAYMENT OF COSTS OF REHABILITATION SERVICES
      Amendment to sections 422 and 1382d of this title by section
    11(a), (b) of Pub. L. 98-460 applicable with respect to individuals
    who receive benefits as a result of section 425(b) or section
    1383(a)(6) of this title, or who refuse to continue to accept
    rehabilitation services or fail to cooperate in an approved
    vocational rehabilitation program, in or after the first month
    following October 1984, see section 11(c) of Pub. L. 98-460, set
    out as an Effective Date of 1984 Amendment note under section 422
    of this title.
           HEARING EXAMINERS APPOINTED PRIOR TO JANUARY 2, 1976
      Pub. L. 95-216, title III, Sec. 371, Dec. 20, 1977, 91 Stat.
    1559, provided that: "The persons who were appointed to serve as
    hearing examiners under section 1631(d)(2) of the Social Security
    Act [subsec. (d)(2) of this section] (as in effect prior to January
    2, 1976), and who by section 3 of Public Law 94-202 [set out as a
    note under this section] were deemed to be appointed under section
    3105 of title 5, United States Code (with such appointments
    terminating no later than at the close of the period ending
    December 31, 1978), shall be deemed appointed to career-absolute
    positions as hearing examiners under and in accordance with section
    3105 of title 5, United States Code, with the same authority and
    tenure (without regard to the expiration of such period) as hearing
    examiners appointed directly under such section 3105, and shall
    receive compensation at the same rate as hearing examiners
    appointed by the Secretary of Health, Education, and Welfare [now
    Health and Human Services] directly under such section 3105. All of
    the provisions of title 5, United States Code and the regulations
    promulgated pursuant thereto, which are applicable to hearing
    examiners appointed under such section 3105, shall apply to the
    persons described in the preceding sentence."
      Section 3 of Pub. L. 94-202 provided that: "The persons appointed
    under section 1631(d)(2) of the Social Security Act [subsec. (d)(2)
    of this section] (as in effect prior to the enactment of this Act)
    to serve as hearing examiners in hearings under section 1631(c) of
    such Act [subsec. (c) of this section] may conduct hearings under
    titles II, XVI, and XVIII of the Social Security Act [subchapters
    II, XVI, and XVIII of this chapter] if the Secretary of Health,
    Education, and Welfare [now Health and Human Services] finds it
    will promote the achievement of the objectives of such titles
    [subchapters], notwithstanding the fact that their appointments
    were made without meeting the requirements for hearing examiners
    appointed under section 3105 of title 5, United States Code but
    their appointments shall terminate not later than at the close of
    the period ending December 31, 1978, and during that period they
    shall be deemed to be hearing examiners appointed under such
    section 3105 and subject as such to subchapter II of chapter 5 of
    title 5, United States Code, to the second sentence of such section
    3105, and to all of the other provisions of such title 5 which
    apply to hearing examiners appointed under such section 3105."
              PRESUMPTIVE DISABILITY BENEFITS; TIME EXTENSION
      Pub. L. 93-256, Sec. 1, Mar. 28, 1974, 88 Stat. 52, provided:
    "That any individual who would be considered disabled under section
    1614(a)(3)(E) of the Social Security Act [section 1382c(a)(3)(E) of
    this title] except that he did not receive aid under the
    appropriate State plan for at least one month prior to July 1973
    may be considered to be presumptively disabled under section
    1631(a)(4)(B) of that Act [subsec. (a)(4)(B) of this section] and
    may be paid supplemental security income benefits under title XVI
    of that Act [this subchapter] on the basis of such presumptive
    disability, and State supplementary payments under section 212 of
    Public Law 93-66 [set out as a note under section 1382 of this
    title] as though he had been determined to be disabled within the
    meaning of section 1614(a)(3) of the Social Security Act [section
    1382c(a)(3) of this title], for any month in calendar year 1974 for
    which it has been determined that he is otherwise eligible for such
    benefits, without regard to the three-month limitation in section
    1631(a)(4)(B) of that Act [subsec. (a)(4)(B) of this section] on
    the period for which benefits may be paid to presumptively disabled
    individuals, except that no such benefits may be paid on the basis
    of such presumptive disability for any month after the month in
    which the Secretary of Health, Education, and Welfare [now Health
    and Human Services] has made a determination as to whether such
    individual is disabled, as defined in section 1614(a)(3)(A) of that
    Act [section 1382c(a)(3)(A) of this title]."
                  APPLICATION TO NORTHERN MARIANA ISLANDS
      For 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 ISLANDS
      Enactment of section 1603 of the Social Security Act [this
    section] by Pub. L. 92-603, eff. Jan. 1, 1974, was 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.
    Therefore, as to Puerto Rico, Guam, and the Virgin Islands, section
    1603 of the Social Security Act [this section] as it existed prior
    to reenactment by Pub. L. 92-603, and as amended, continues to
    apply and reads as follows:
      Sec. 1383. Payments to States; quarterly expenditures to exceed
        average of total expenditures for each quarter of fiscal year
        ending June 30, 1965
      (a) From the sums appropriated therefor, the Commissioner of
    Social Security shall pay to each State which has a plan approved
    under this subchapter, for each quarter, beginning with the quarter
    commencing October 1, 1962 -
        (1) Repealed. Pub. L. 97-35, title XXI, Sec. 2184(d)(5)(A),
      Aug. 13, 1981, 95 Stat. 818.
        (2) in the case of Puerto Rico, the Virgin Islands, and Guam,
      an amount equal to -
          (A) one-half of the total of the sums expended during such
        quarter as aid to the aged, blind, or disabled under the State
        plan, not counting so much of any expenditure with respect to
        any month as exceeds $37.50 multiplied by the total number of
        recipients of aid to the aged, blind, or disabled for such
        month; plus
          (B) one-half of the amount by which such expenditures exceed
        the maximum which may be counted under clause (A), not counting
        so much of any expenditure with respect to any month as exceeds
        the product of $45 multiplied by the total number of such
        recipients of aid to the aged, blind, or disabled for such
        month; and
        (3) Repealed. Pub. L. 97-35, title XXI, Sec. 2184(d)(5)(A),
      Aug. 13, 1981, 95 Stat. 818.
        (4) in the case of any State, an amount equal to 50 percent of
      the total amounts expended during such quarter as found necessary
      by the Commissioner of Social Security for the proper and
      efficient administration of the State plan.
      (b)(1) Prior to the beginning of each quarter, the Commissioner
    of Social Security shall estimate the amount to which a State will
    be entitled under subsection (a) of this section for such quarter,
    such estimates to be based on (A) a report filed by the State
    containing its estimate of the total sum to be expended in such
    quarter in accordance with the provisions of such subsection, and
    stating the amount appropriated or made available by the State and
    its political subdivisions for such expenditures in such quarter,
    and if such amount is less than the State's proportionate share of
    the total sum of such estimated expenditures, the source or sources
    from which the difference is expected to be derived, and (B) such
    other investigation as the Commissioner of Social Security may find
    necessary.
      (2) The Commissioner of Social Security shall then pay, in such
    installments as the Commissioner may determine, to the State the
    amount so estimated, reduced or increased to the extent of any
    overpayment or underpayment which the Commissioner of Social
    Security determines was made under this section to such State for
    any prior quarter and with respect to which adjustment has not
    already been made under this subsection.
      (3) The pro rata share to which the United States is equitably
    entitled, as determined by the Commissioner of Social Security, of
    the net amount recovered during any quarter by the State or any
    political subdivision thereof with respect to aid or assistance
    furnished under the State plan, but excluding any amount of such
    aid or assistance recovered from the estate of a deceased recipient
    which is not in excess of the amount expended by the State or any
    political subdivision thereof for the funeral expenses of the
    deceased, shall be considered an overpayment to be adjusted under
    this subsection.
      (4) Upon the making of any estimate by the Commissioner of Social
    Security under this subsection, any appropriations available for
    payments under this section shall be deemed obligated.
    (Aug. 14, 1935, ch. 531, title XVI, Sec. 1603, as added Pub. L. 87-
    543, title I, Sec. 141(a), July 25, 1962, 76 Stat. 200; amended
    Pub. L. 89-97, title I, Sec. 122, title II, Sec. 221(d)(4), title
    IV, Sec. 401(b), July 30, 1965, 79 Stat. 353, 359, 414; Pub. L. 90-
    248, title II, Sec. 212(d), Jan. 2, 1968, 81 Stat. 898; Pub. L. 92-
    512, title III, Sec. 301(b), (d), Oct. 20, 1972, 86 Stat. 946,
    947; Pub. L. 93-647, Secs. 3(e)(2), 5(e), Jan. 4, 1975, 88 Stat.
    2349, 2350; Pub. L. 97-35, title XXI, Sec. 2184(d)(5), title XXIII,
    Sec. 2353(m)(2), (3), Aug. 13, 1981, 95 Stat. 818, 873; Pub. L. 99-
    603, title I, Sec. 121(b)(4), Nov. 6, 1986, 100 Stat. 3391; Pub.
    L. 103-66, title XIII, Sec. 13741(b), Aug. 10, 1993, 107 Stat. 663;
    Pub. L. 103-296, title I, Sec. 107(a)(4), Aug. 15, 1994, 108 Stat.
    1478.)
      [Amendment 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 an
    Effective Date of 1994 Amendment note under section 401 of this
    title.]
      [Amendment by Pub. L. 103-66 effective with respect to calendar
    quarters beginning on or after Apr. 1, 1994, with special rule for
    States whose legislature meets biennially, and does not have
    regular session scheduled in calendar year 1994, see section
    13741(c) of Pub. L. 103-66, set out as an Effective Date of 1993
    Amendment note under section 303 of this title.]
      [Amendment by Pub. L. 99-603 effective Oct. 1, 1987, see section
    121(c)(2) of Pub. L. 99-603, set out as an Effective Date of 1986
    Amendment note under section 502 of this title.]
         REIMBURSEMENT FOR ERRONEOUS STATE SUPPLEMENTARY PAYMENTS;
                      AUTHORIZATION OF APPROPRIATIONS
      Pub. L. 95-216, title IV, Sec. 405, Dec. 20, 1977, 91 Stat. 1564,
    provided that:
      "(a) Notwithstanding any other provision of law, the Secretary of
    Health, Education, and Welfare [now Health and Human Services] is
    authorized and directed to pay to each State an amount equal to the
    amount expended by such State for erroneous supplementary payments
    to aged, blind, or disabled individuals whenever, and to the extent
    to which, the Secretary through an audit by the Department of
    Health, Education, and Welfare [now Health and Human Services]
    which has been reviewed and concurred in by the Inspector General
    of such department determines that -
        "(1) such amount was paid by such State as a supplementary
      payment during the calendar year 1974 pursuant to an agreement
      between the State and the Secretary required by section 212 of
      the Act entitled 'An Act to extend the Renegotiation Act of 1951
      for one year, and for other purposes', approved July 9, 1973,
      [set out as a note under section 1382 of this title], or such
      amount was paid by such State as an optional State
      supplementation, as defined in section 1616 of the Social
      Security Act [section 1382 of this title], during the calendar
      year 1974,
        "(2) the erroneous payments were the result of good faith
      reliance by such State upon erroneous or incomplete information
      supplied by the Department of Health, Education, and Welfare [now
      Health and Human Services], through the State data exchange, or
      good faith reliance upon incorrect supplemental security income
      benefit payments made by such department, and
        "(3) recovery of the erroneous payments by such State would be
      impossible or unreasonable.
      "(b) There are authorized to be appropriated such sums as are
    necessary to carry out the provisions of this section."

FOOTNOTE

    (!1) So in original. Probably should be followed by a comma.
    (!2) So in original. Closing parenthesis after "title" probably
         should not appear.
    (!3) See References in Text note below.
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