Page:United States Statutes at Large Volume 98 Part 2.djvu/639

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PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-460—OCT. 9, 1984

98 STAT. 1799

election, and ending as under such section 223(g) or 1631(a)(7). Notwithstanding such section 223(g) or 1631(a)(7), such payments (if elected)— (1) shall be made at least until an initial redetermination is made by the Secretary; and (2) shall begin with the payment for the month in which such individual makes such election. (0 In the case of any individual who is found to be under a disability after a review required under this section, such individual shall be entitled to retroactive benefits beginning with benefits payable for the first month to which the most recent termination of benefits applied. (g) The Secretary of Health and Human Services shall prescribe regulations necessary to implement the amendments made by this section not later than 180 days after the date of the enactment of this Act.

42 USC 423. Post, p. 1803.

42 USC 423 note.

Regulations. 42 USC 423 note.

EVALUATION OF PAIN

SEC. 3. (a)(1) Section 223(d)(5) of the Social Security Act is amended 42 USC 423. by inserting after the first sentence the following new sentences: "An individual's statement as to pain or other symptoms shall not alone be conclusive evidence of disability as defined in this section; there must be medical signs and findings, established by medically acceptable clinical or laboratory diagnostic techniques, which show the existence of a medical impairment that results from anatomical, physiological, or psychological abnormalities which could reasonably be expected to produce the pain or other symptoms alleged and which, when considered with all evidence required to be furnished under this paragraph (including statements of the individual or his physician as to the intensity and persistence of such pain or other symptoms which may reasonably be accepted as consistent with the medical signs and findings), would lead to a conclusion that the individual is under a disability. Objective medical evidence of pain or other symptoms established by medically acceptable clinical or laboratory techniques (for example, deteriorating nerve or muscle tissue) must be considered in reaching a conclusion as to whether the individual is under a disability.". (2) Section 1614(a)(3)(H) of such Act (as added by section 8 of this Post, p. 1804. Act) is amended by striking out "section 221(h)" and inserting in lieu thereof "sections 221(h) and 223(d)(5)". (3) The amendments made by paragraphs (1) and (2) shall apply to Effective date. 42 USC 423 note. determinations made prior to January 1, 1987. Oi)Xl) The Secretary of Health and Human Services shall appoint a eommission on Commission on the Evaluation of Pain (hereafter in this section the Evaluation of referred to as the "Commission") to conduct a study concerning the 42 Pain. 423 note. use evaluation of pain in determining under titles II and XVI of the Social Security Act whether an individual is under a disability. Such 42 USC 401, study shall be conducted in consultation with the National Academy 1381. of Sciences. (2) The Commission shall consist of at least twelve experts, including a significant representation from the field of medicine who are involved in the study of pain, and representation from the fields of law, administration of disability insurance programs, and other appropriate fields of expertise. (3) The Commission shall be appointed by the Secretary of Health and Human Services (without regard to the requirements of the Federal Advisory Committee Act) within 60 days after the date of 5 USC app.