PUBLIC LAW 103-296—AUG. 15, 1994 108 STAT. 1541 (B) by striking subparagraph (B)(ii) and inserting the following: "(ii) the individual is now able to engage in substantial gainful activity; or". (2) AMENDMENTS RELATED TO PROVISIONS IN SECTION 5105(d) RELATING TO REPRESENTATIVE PAYEES.— (A) TITLE II AMENDMENTS. — Section 5105(d)(1)(A) of the Omnibus Budget Reconciliation Act of 1990 (Public Law 101-508) is amended— 42 USC 405. (i) by striking "Section 205(j)(5)" and inserting " Section 205(j)(6)"; and (ii) by redesignating the paragraph (5) as amended thereby as paragraph (6). (B) TITLE XVI AMENDMENTS. —Section 1631(a)(2) of the Social Security Act (42 U.S.C. 1383(a)(2)) is amended— (i) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively; and (ii) by inserting after subparagraph (D) the following: "(E) RESTITUTION.—In cases where the negligent failure of the Secretary t6 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.". (3) AMENDMENTS RELATED TO PROVISIONS IN SECTION 5106 RELATING TO COORDINATION OF RULES UNDER TITLES II AND XVI GOVERNING FEES FOR REPRESENTATIVES OF CLAIMANTS WITH ENTITLEMENTS UNDER BOTH TITLES.— (A) CALCULATION OF FEE OF CLAIMANT'S REPRESENTA- TIVE BASED ON AMOUNT OF PAST-DUE SUPPLEMENTAL SECU- RITY INCOME BENEFITS AFTER APPLICATION OF WINDFALL OFFSET PROVISION.— Section 1631(d)(2)(A)(i) of the Social Security Act (as amended by section 5106(a)(2) of the Omnibus Budget Reconciliation Act of 1990) (42 U.S.C. 1383(d)(2)(A)(i)) is amended to read as follows: "(i) by substituting, in subparagraphs (A)(ii)(I) and (C)(i), the phrase '(as determined before any applicable reduction under section 1631(g), and reduced by the amount of any reduction in benefits under this title or title II made pursuant to section 1127(a))' for the parenthetical phrase contained therein; and". (B) CALCULATION OF PAST-DUE BENEFITS FOR PURPOSES OF DETERMINING ATTORNEY FEES IN JUDICIAL PROCEED- INGS. — (i) IN GENERAL. —Section 206(b)(1) of such Act (42 U.S.C. 406(b)(D) is amended— (I) by inserting "(A)" after "(b)( 1)"; and (II) by adding at the end the following new subparagraph: "(B) For purposes of this paragraph— "(i) the term 'past-due benefits' excludes any benefits with respect to which payment has been continued pursuant to subsection (g) or (h) of section 223, and "(ii) amounts of past-due benefits shall be determined before any applicable reduction under section 1127(a).".
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