42 U.S.C. § 422 : US Code - Section 422: Rehabilitation services

Search 42 U.S.C. § 422 : US Code - Section 422: Rehabilitation services

(a), (b) Repealed. Pub. L. 106-170, title I, Sec. 101(b)(1)(B),
(C), Dec. 17, 1999, 113 Stat. 1873
(c) "Period of trial work" defined
(1) The term "period of trial work", with respect to an
individual entitled to benefits under section 423, 402(d), 402(e),
or 402(f) of this title, means a period of months beginning and
ending as provided in paragraphs (3) and (4).
(2) For purposes of sections 416(i) and 423 of this title, any
services rendered by an individual during a period of trial work
shall be deemed not to have been rendered by such individual in
determining whether his disability has ceased in a month during
such period. For purposes of this subsection the term "services"
means activity (whether legal or illegal) which is performed for
remuneration or gain or is determined by the Commissioner of Social
Security to be of a type normally performed for remuneration or
gain.
(3) A period of trial work for any individual shall begin with
the month in which he becomes entitled to disability insurance
benefits, or, in the case of an individual entitled to benefits
under section 402(d) of this title who has attained the age of
eighteen, with the month in which he becomes entitled to such
benefits or the month in which he attains the age of eighteen,
whichever is later, or, in the case of an individual entitled to
widow's or widower's insurance benefits under section 402(e) or (f)
of this title who became entitled to such benefits prior to
attaining age 60, with the month in which such individual becomes
so entitled. Notwithstanding the preceding sentence, no period of
trial work may begin for any individual prior to the beginning of
the month following September 1960; and no such period may begin
for an individual in a period of disability of such individual in
which he had a previous period of trial work.
(4) A period of trial work for any individual shall end with the
close of whichever of the following months is the earlier:
(A) the ninth month, in any period of 60 consecutive months, in
which the individual renders services (whether or not such nine
months are consecutive); or
(B) the month in which his disability (as defined in section
423(d) of this title) ceases (as determined after application of
paragraph (2) of this subsection).
(5) Upon conviction by a Federal court that an individual has
fraudulently concealed work activity during a period of trial work
from the Commissioner of Social Security by -
(A) providing false information to the Commissioner of Social
Security as to whether the individual had earnings in or for a
particular period, or as to the amount thereof;
(B) receiving disability insurance benefits under this
subchapter while engaging in work activity under another
identity, including under another social security account number
or a number purporting to be a social security account number; or
(C) taking other actions to conceal work activity with an
intent fraudulently to secure payment in a greater amount than is
due or when no payment is authorized,
no benefit shall be payable to such individual under this
subchapter with respect to a period of disability for any month
before such conviction during which the individual rendered
services during the period of trial work with respect to which the
fraudulently concealed work activity occurred, and amounts
otherwise due under this subchapter as restitution, penalties,
assessments, fines, or other repayments shall in all cases be in
addition to any amounts for which such individual is liable as
overpayments by reason of such concealment.
(d) Cost of rehabilitation services from trust funds
(1) For purposes of making vocational rehabilitation services
more readily available to disabled individuals who are -
(A) entitled to disability insurance benefits under section 423
of this title,
(B) entitled to child's insurance benefits under section 402(d)
of this title after having attained age 18 (and are under a
disability),
(C) entitled to widow's insurance benefits under section 402(e)
of this title prior to attaining age 60, or
(D) entitled to widower's insurance benefits under section
402(f) of this title prior to attaining age 60,
to the end that savings will accrue to the Trust Funds as a result
of rehabilitating such individuals, there are authorized to be
transferred from the Federal Old-Age and Survivors Insurance Trust
Fund and the Federal Disability Insurance Trust Fund each fiscal
year such sums as may be necessary to enable the Commissioner of
Social Security to reimburse the State for the reasonable and
necessary costs of vocational rehabilitation services furnished
such individuals (including services during their waiting periods),
under a State plan for vocational rehabilitation services approved
under title I of the Rehabilitation Act of 1973 [29 U.S.C. 720 et
seq.], (i) in cases where the furnishing of such services results
in the performance by such individuals of substantial gainful
activity for a continuous period of nine months, (ii) in cases
where such individuals receive benefits as a result of section
425(b) of this title (except that no reimbursement under this
paragraph shall be made for services furnished to any individual
receiving such benefits for any period after the close of such
individual's ninth consecutive month of substantial gainful
activity or the close of the month in which his or her entitlement
to such benefits ceases, whichever first occurs), and (iii) in
cases where such individuals, without good cause, refuse to
continue to accept vocational rehabilitation services or fail to
cooperate in such a manner as to preclude their successful
rehabilitation. The determination that the vocational
rehabilitation services contributed to the successful return of an
individual to substantial gainful activity, the determination that
an individual, without good cause, refused to continue to accept
vocational rehabilitation services or failed to cooperate in such a
manner as to preclude successful rehabilitation, and the
determination of the amount of costs to be reimbursed under this
subsection shall be made by the Commissioner of Social Security in
accordance with criteria formulated by the Commissioner.
(2) In the case of any State which is unwilling to participate or
does not have a plan which meets the requirements of paragraph (1),
the Commissioner of Social Security may provide such services in
such State by agreement or contract with other public or private
agencies, organizations, institutions, or individuals. The
provision of such services shall be subject to the same conditions
as otherwise apply under paragraph (1).
(3) Payments under this subsection shall be made in advance or by
way of reimbursement, with necessary adjustments for overpayments
and underpayments.
(4) Money paid from the Trust Funds under this subsection for the
reimbursement of the costs of providing services to individuals who
are entitled to benefits under section 423 of this title (including
services during their waiting periods), or who are entitled to
benefits under section 402(d) of this title on the basis of the
wages and self-employment income of such individuals, shall be
charged to the Federal Disability Insurance Trust Fund, and all
other money paid from the Trust Funds under this subsection shall
be charged to the Federal Old-Age and Survivors Insurance Trust
Fund. The Commissioner of Social Security shall determine according
to such methods and procedures as the Commissioner may deem
appropriate -
(A) the total amount to be reimbursed for the cost of services
under this subsection, and
(B) subject to the provisions of the preceding sentence, the
amount which should be charged to each of the Trust Funds.
(5) For purposes of this subsection the term "vocational
rehabilitation services" shall have the meaning assigned to it in
title I of the Rehabilitation Act of 1973 [29 U.S.C. 720 et seq.],
except that such services may be limited in type, scope, or amount
in accordance with regulations of the Commissioner of Social
Security designed to achieve the purpose of this subsection.
(e) Treatment referrals for individuals with alcoholism or drug
addiction condition
In the case of any individual whose benefits under this
subchapter are paid to a representative payee pursuant to section
405(j)(1)(B) of this title, the Commissioner of Social Security
shall refer such individual to the appropriate State agency
administering the State plan for substance abuse treatment services
approved under subpart II of part B of title XIX of the Public
Health Service Act (42 U.S.C. 300x-21 et seq.).