Page:United States Statutes at Large Volume 98 Part 2.djvu/642

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PUBLIC LAW 98-000—MMMM. DD, 1984

98 STAT. 1802

Claims.

42 USC 401, 1381.

PUBLIC LAW 98-460—OCT. 9, 1984

in a reconsideration of, hearing on, review by the Appeals Council of, or judicial review of a decision rendered in any continuing eligibility review to which subsection (b)(1) applies, shall be redetermined by the Secretary as soon as feasible after the date on which such criteria are so established, applying such revised criteria. (2) In the case of a redetermination under paragraph (1) of a prior action which found that an individual was not under a disability, if such individual is found on redetermination to be under a disability, such redetermination shall be applied as though it had been made at the time of such prior action. (3) Any individual with a mental impairment who was found to be not disabled pursuant to an initial disability determination or a continuing eligibility review between March 1, 1981, and the date of the enactment of this Act, and who reapplies for benefits under title II or XVI of the Social Security Act, may be determined to be under a disability during the period considered in the most recent prior determination. Any reapplication under this paragraph must be filed within one year after the date of the enactment of this Act, and benefits payable as a result of the preceding sentence shall be paid only on the basis of the reapplication. NOTICE OF RECONSIDERATION; PREREVIEW NOTICE; DEMONSTRATION

PROJECTS

42 USC 421.

SEC. 6. (a) Section 221(i) of the Social Security Act is amended by adding at the end thereof the following new paragraph: "(4) In any case in which the Secretary initiates a review under this subsection of the case of an individual who has been determined to be under a disability, the Secretary shall notify such individual of the nature of the review to be carried out, the possibility that such review could result in the termination of benefits, and the right of the individual to provide medical evidence with respect to such review.". 42 USC 1383b. (b) Section 1633 of such Act is amended by adding at the end thereof the following new subsection: "(c) In any case in which the Secretary initiates a review under this title, similar to the continuing disability reviews authorized for 42 USC 401. purposes of title II under section 221(i), the Secretary shall notify the individual whose case is to be reviewed in the same manner as Supra. required under section 221(i)(4).". 42 USC 421 note. (c) The Secretary shall institute a system of notification required by the amendments made by subsections (a) and (b) as soon as is practicable after the date of the enactment of this Act. 42 USC 421 note. (d) The Secretary of Health and Human Services shall, as soon as practicable after the date of the enactment of this Act, implement demonstration projects in which the opportunity for a personal appearance prior to a determination of ineligibility for persons reviewed under section 221(i) of the Social Security Act is substituted for the face to face evidentiary hearing required by section 42 USC 405. 205(b)(2) of such Act. Such demonstration projects shall be conducted in not fewer than five States, and shall also include disability determinations with respect to individuals reviewed under title XVI 42 USC 1381. of such Act. The Secretary shall report to the Committee on Ways Report. ^jjj Means of the House of Representatives and the Committee on Finance of the Senate concerning such demonstration projects, together with any recommendations, not later than December 31, 1986.