Page:United States Statutes at Large Volume 98 Part 2.djvu/635

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PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-460—OCT. 9, 1984

98 STAT. 1795

"(B)(i) the individual is now able to engage in substantial gainful activity, or "(ii) if the individual is a widow or surviving divorced wife under section 202(e) or a widower or surviving divorced 42 USC 402. husband under section 202(f), the severity of his or her impairment or impairments is no longer deemed, under regulations prescribed by the Secretary, sufficient to preclude the individual from engaging in gainful activity; or "(2) substantial evidence which— "(A) consists of new medical evidence and (in a case to which clause (iiXII) does not apply) a new assessment of the individual's residual functional capacity, and demonstrates that'll) although the individual has not improved medically, he or she is nonetheless a beneficiary of advances in medical or vocational therapy or technology (related to the individual's ability to work), and "(ii)(I) the individual is now able to engage in substantial gainful activity, or "(II) if the individual is a widow or surviving divorced wife under section 202(e) or a widower or surviving divorced husband under section 202(f), the severity of his or her impairment or impairments is no longer deemed under regulations prescribed by the Secretary sufficient to preclude the individual from engaging in gainful activity, or "(B) demonstrates that— "(i) although the individual has not improved medically, he or she has undergone vocational therapy (related to the individual's ability to work), and "(ii) the requirements of subclause (I) or (II) of subparagraph (A)(ii) are met; or "(3) substantial evidence which demonstrates that, as determined on the basis of new or improved diagnostic techniques or evaluations, the individual's impairment or combination of impairments is not as disabling as it was considered to be at the time of the most recent prior decision that he or she was under a disability or continued to be under a disability, and that therefore— "(A) the individual is able to engage in substantial gainful activity, or "(B) if the individual is a widow or surviving divorced wife under section 202(e) or a widower or surviving divorced husband under section 202(f), the severity of his or her impairment or impairments is not deemed under regulations prescribed by the Secretary sufficient to preclude the individual from engaging in gainful activity; or "(4) substantial evidence (which may be evidence on the record at the time any prior determination of the entitlement to benefits based on disability was made, or newly obtained evidence which relates to that determination) which demonstrates that a prior determination was in error. Nothing in this subsection shall be construed to require a determination that a recipient of benefits under this title or title XVIII 42 USC 1395. based on an individual's disability is entitled to such benefits if the prior determination was fraudulently obtained or if the individual is engaged in substantial gainful activity (or gainful activity in the