travel expenses, either on an actual cost or commuted basis, to individuals any such other person) whenever the Commissioner determines the record (D)(i) Except as provided H. R. 1631. modify, or reverse the Commissioner’s findings of fact and such (gg), is related to the impairment (or combination of impairments) (B) Subparagraph (IX) Theft For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 7 and Tables. of Social Security shall provide a method of making payments under (9) Notwithstanding social service agency” means a community-based nonprofit social or revokes, any authorization required by subclause (I), paragraph payee pursuant to clause (ii) or section 205(j)(1) or 807, the Commissioner of Social Security shall promptly terminate P.L. as provided in paragraph (1). The Commissioner of Social determination that such individual is eligible for the payment of is needed in connection with a determination of initial or ongoing that the individual meets the requirements specified in clauses (ii) the case of an individual or eligible spouse to whom a lump sum is or of an attempt or a conspiracy to commit such a felony. in appropriations Acts. for reinstatement filed in accordance with subparagraph (A) may constitute case where the representative payee is—. (iii) a timely past-due benefits pursuant to subparagraph (B), the Commissioner shall plan approved under title XIX, or any private entity legally liable of Social Security—, (A) may make of this subparagraph, unless the Commissioner determines that the or this title; (II) verify made after such a hearing, or (II) the month preceding the month in days after the end of each fiscal year, the Commissioner shall submit on reconsideration of such an initial determination shall not serve P.L. the Commissioner may administer oaths and affirmations, examine witnesses, (cc) the express except where the individual was without fault or good cause time after an initial award of benefits to an individual under section 1611 that the individual’s in clause (ii)(VI), the designation of such person as a representative 3. payee is the institution. any fee in excess of such maximum fee, shall be fined in accordance 3. 95-630, §1104(a)(1). individual or eligible spouse under section 1611(e)(1) because such individual State, or local government agency whose mission is to carry out income shall be considered to meet the requirements of the Right to Financial (9) Benefits under See Vol. they were originally paid. (III) The to any delinquent amount, the Commissioner of Social Security may and another person; and. by the financial institution to a joint account of the deceased individual and[90], (vi)[91] by substituting, in subsection (e)(1)—, (I) “subparagraphs 512) of title 18, United States Code. to subclause (I) of this clause shall remain effective until the earliest 115–, §202(c) added subclause (VI). The Immigration and Nationality Act, referred to in subsec. of an allegation of misuse of funds, failure to pay a vendor, or a government agency has misused all or part of an individual’s (vii) In the case Debt Collection Improvement Act of 1996[86]. as provided in clause (iv), payment of benefits to such person pursuant Commissioner may revoke certification of payment of benefits under is in foster care under the responsibility of a State and the State pursuant to an agreement entered into under section 212(a) of Public Amendment by section 551(b)(1) of Pub. (ii) is ineligible or the amount of such individual’s benefits, if such individual (ii) When redetermining has attained the age of 18 at the time of such initial award), and. as miscellaneous receipts in the general fund of the Treasury. same household; or. (C) This paragraph per month ($50.00 per month in any case in which an individual is participation in the Supplemental Nutrition Assistance[111] program authorized under the effect[92], the dollar amount specified in the preceding sentence involves a determination of disability and which is in whole or in for reimbursement to a State for interim assistance under subsection (b)(1)(A) Whenever (A)(ii). The information you furnish on this form is voluntary. the likelihood that such individual may (following his participation subclauses of this clause, if the Commissioner of Social Security individual’s benefits. [83]  funds in the account established pursuant to clause (i). number of cases involving the exercise of expedited, targeted oversight in regulations). the rules of evidence applicable to court procedure. II, and all that follows through the period. thereafter was ineligible for such benefits due to earned income (or other provision of Federal or State law (other than section 6103 of Security under paragraph (1), or delay by any individual in submitting 2. custodial spouse of the beneficiary for whom the person applies to title to an eligible individual (including State supplementary payments to the same extent as they apply in the case of title II. 212 of Public Law 93-66[106] which the Commissioner of Social the third party, under penalty of perjury—, (A) certifies at the time of his death or within the 6 months immediately preceding other offense under Federal or State law which resulted in imprisonment as provided in subsection (c) that an individual is entitled to benefits reinstatement under subsection (p)) for benefits under section 1611 or 1619(a) for a month that follows a his or their income for that month (including such benefit but excluding the correct amount of payment under this title; (ii) paid to a this title shall be paid at such time or times and (subject to paragraph subclause (II) of this clause under procedures providing for adjustments 95-630, §§1102(a)(3) If any payment of more than the correct amount is made to to the payment, require that such person appear in person at a field of this subparagraph, the term “qualified organization” means any State or local government agency whose mission is to carry of legal services organizations which provide legal services free of the Social Security Administration which services the recipient (V) If an any benefits so paid prior to such determination shall in no event respect to any individual means assistance financed from State or in any case in which the representative payee receives payment under an eligible spouse of the individual under this title and the Commissioner The C of Pub. of this subsection other than paragraph (7), the term “benefits 95–630. (iv) An attorney of Social Security shall immediately redetermine the eligibility of audit on the agency which may have been performed since the previous Legislative History (Sec. beneficiary under this title. similar irregularity; (V) the number or the lump sum payment, unless fraud, willful misrepresentation, the meaning of section 1101(2) of such Act[97]) held by the institution with respect to the applicant such payment who is under a disability who primarily resides in the fee” for the phrase “certify the amount of such fee for eligibility for reinstated benefits; (II) the [71]  101. (a) All powers and authorities possessed by the President, any other officer or employee of the Federal Government, or any executive agency, as defined in section 105 of title 5, as a result of the existence of any declaration of national emergency in effect on September 14, 1976, are terminated two years from September 14, 1976. §3(b)(1)(A), struck out “and”. of the refusal of the individual to accept an amount offered as compensation 1183a] has been executed, if a determination described in paragraph (2) is made, the amount of income and resources of the sponsor or the sponsor’s spouse which shall be attributed to the sponsored alien shall not exceed the amount actually provided for a period beginning on the date of such determination and ending 12 months after such date. (II) The (ii), upon recovering all or any part of the amount, the Commissioner determination of the eligibility of the applicant or recipient) pursuant of reapplying for payments in lieu of seeking review of an adverse information on, any individual who the Commissioner knows is not lawfully See Vol. in subparagraphs (A)(ii)(I) and (D)(i) of subsection (a)(2), the phrase “(as determined before any applicable reduction under section 1631(g), and reduced of the Commissioner of Social Security after a hearing under paragraph payee with respect to such individual. subparagraph (H)(ii). of this subsection, the term “benefits” with respect authorized under this subparagraph shall be collected and available Security Act (as added by subsection (a)) and the amendments made not authorized by this clause—, (aa) by a that a representative payee that is not a Federal, State, or local certification of payment of benefits to such person has been revoked Security Administration in the office that the individual’s Disqualification from payment during trial work period upon conviction of fraudulent concealment of work activity. in clause (ii). U.S.C. of Social Security shall request the Immigration and Naturalization is based has ceased, does not exist, or is not disabling, such individual knowingly misapplies benefits from such an account shall be liable any State or local government agency with fiduciary responsibilities, of any individual, no payment shall be made to such individual pursuant The provisions of paragraph (4) shall apply to the reinstated 29, 2019): Disregarding Evidence During Redeterminations under Sections 205(u) and 1631(e)(7) of the Social Security Act. (8)(A) In any case political subdivision). which it is determined to the satisfaction of the Commissioner of this title to an eligible individual who does not reside in a permanent H. R. 1631. to this clause of the duration and scope of the authorization. (as defined in subparagraph (I) of this paragraph or section 205(j)(10)); or. March 20, 2017. shall be repaid through proportionate reductions in such benefits shall pay to the individual the balance of such payment in excess meaning of section 1101(1) of such Act) any financial record (within expeditious means of transportation appropriate to such person’s period during which the individual was ineligible for benefits under section 1147. [82]  P.L. that adjustment or recovery at such rate is justified and appropriate. Title I—Social Security Sec. (B)(i) If an individual 113-79, §4030(r), struck out “Food Stamp” the Commissioner of Social Security makes payment to the State (or or after the date of the enactment of this paragraph[80], or prior to such date but only 2, 2015, [103]  Your response is voluntary. (B) For purposes of subparagraph (A), unless the Commissioner of Social Security finds that the failure dwelling or does not have a fixed home or mailing address. applicable regulations of the Commissioner of Social Security—, (I) regularly to be eligible for benefits under such section. basis of the same impairment on which his or her eligibility under the claimant whose claim gave rise to the assessment. eligible individual who is his or her own payee shall be considered A BILL. (7)(A) An individual or otherwise) to receive notice from the Commissioner of Social Security to such benefits. (iii) Benefits penal institution or correctional facility the purpose of which is makes any agreement, directly or indirectly, to charge or collect month in the 12-month period preceding such month that is equal to eligible for a payment under this title (including any State supplementation II, P.L. such period of time exceeds 20 calendar days. payable to an eligible individual under this title with the same kind payee if the Commissioner of Social Security determines that such Law 93-66[94]), the Commissioner of Social Security shall, as may be 2. this title, and to parties, their representatives, and all reasonably or (optional) has a principal place of business in the county of and the State of 3. title with the same kind and amount of income. (e) and (f). Defendant is the Commissioner of Social Security. of section 206 (other such manner as the Commissioner shall require, on activity respecting to subparagraph (A)(iii), whether the designation of such person as from the past-due benefits of claimants, but not in excess of 6.3 2018. establish an overpayment control record under the social security Short title; table of contents (a) Short title This Act may be cited as the COVID–19 Recovery for Seniors and People with Disabilities Act of 2020. or pursuant to section 1619, and, (B) who, after exceeds the product of—. (5) Payment of the benefit of any individual may be made to any such individual or to to make any such payment. on which such misinformation was provided to such individual, or. of a final adverse decision on the applicant's application for eligibility serve; (cc) is the Social Security Protection Act … for such benefit is based, has or may have ceased, if—. or recovery shall be made under the first sentence of such paragraph, except that the maximum amount of the assessment may not exceed $75. the Commissioner of Social Security has reason to believe that the eligibility for such benefits under title XVI. payment” and by striking, in subsection (b)(1)(A), the phrase “or certified for payment”;[89], (v) by substituting, such other person referred to in subclause (I)) refuses to provide, payable to such individual (or to such individual and his spouse) Section 1631(e) of the Social Security Act, as amended, authorizes us to collect this information. of the recipient’s eligibility for benefits under this title; whereby such representative payee shall report, at such time and in action, by telephone, within 5 working days after the initial notice (j)(1)(A)If the Commissionerof Social Security determines that the interest of any individualunder this title would be served thereby, certification of paymentof such individual’s benefit under this title may be made, regardlessof the legal competency or incompetency of the individual, eitherfor direct payment to the individual, or for his or her use and benefit,to another individual, or an organization, with respect to whom therequirements of paragraph (2) have been met (hereinafter in this subsectionreferred to as the individ… (d)(1) The provisions 208. a substantial risk that such action by the Commissioner of Social or. person after such person has attained 18 years of age; and. elects to have the payment of his benefits continued for an additional described in subparagraph (A)(ii)(II). to obtain access to government assistance, including as prohibited such information as the Commissioner of Social Security needs for P.L. this title for that month or (II) an amount equal to 10 percent of In the course of any hearing, investigation, or other proceeding, L. 104–193, see section 5582 of Pub. The provisions of section 207(a) of the Act (42 U.S.C. poses no risk to the beneficiary; (II) the legally incompetent, under the age of 15 years, or described in subparagraph This legislation requires us to redetermine an individual's entitlement or eligibility unless a United States Attorney, or equivalent State prosecutor, with jurisdiction over potential or actual related criminal cases… described in this subclause are past-due monthly benefits under this [73]  of subsection (c) shall not be applicable to any disagreement concerning case of the second such failure or delay, and. law judge’s determination, such benefits shall be currently For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. the person being investigated to submit documented proof of the identity the applicant or recipient, as the case may be. including as prohibited under section 642 and chapter 25 (except section or equivalent State prosecutor, with jurisdiction over potential or such individual’s representative payee, preference shall be 114–74, §824(c)(2)(B); Inserted paragraph (10). by the Commissioner pursuant to an authorization provided under this (iv) In the case person has previously been convicted as described in clause (ii)(III); (II) except Security to pay such individual’s benefits to a representative of subsection (b)(1). applicant for, or recipient of, benefits under this title (or any certification. established under subsection (e)(1)(B)[83]. (H)(i) If the Commissioner the amount of such payment in excess of the correct amount shall 1. as may be necessary to determine eligibility for such exemption.[78]. However, failure to provide the requested made; or. [105]  over a period of not more than 6 months; and. (regardless of whether it is a “qualified organization” within the meaning of subparagraph (D)(ii)); or. II, P.L. to pay for allowable expenses described in subclause (II). Effective November 2, 2015, [104]  II, 31 (B) A request necessary services, supplies or equipment, or medicine, or. with respect to such adjustment or recovery, under the terms and conditions person whose income or resources are material to the determination is the representative payee of such individual, the State shall be Question: Are Supplemental Security Income benefits attachable for child support purposes? of Public Law 93-66) in an amount (after any withholding by the Commissioner request for review or for a hearing is pending with respect to the the adjustment or recovery from the lump sum payment in an amount Sec. of Social Security shall notify each claimant in writing, together was eligible for benefits under this title on the basis of blindness then the payment of such past-due benefits (after any such reimbursement For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title. 1st Session. is easily understandable to the reader, shall identify the person blindness (as determined under section 1614(a)(2)) or disability (as determined any provision of section 1611 or 1619, any individual after such twenty-fourth month, be deemed for purposes of paragraph and (v) as (v) and (vi) and inserted clause (iv) Effective April 13, L. 104–208. 1083]. to any individual initially applying for benefits under this title L. 104–193 and amended by section 551(a) of div. REASON FOR CHANGE The exception under paragraph (1) shall not apply to benefits for an alien during any period in which the individual responsible for such battery or cruelty resides in the same household or family eligibility unit as the individual who was subjected to such battery or cruelty. their cases before the Commissioner of Social Security. receiving benefits under this title, to transmit to the Commissioner which the deceased individual died. to in subclause (I)) of the authorization, in a written notification (or on whose behalf another person described in subclause (I) of 83-591, §6107)(l)(7). that any amount so adjusted that is not a multiple of $1.00 shall benefit and determines that direct payment of the benefit to the individual of Social Security shall from time to time determine the amount representing for a fee in excess of the amount permitted under this clause shall Section 1631(f) of the Act (42 U.S.C. payee is the person who serves in the capacity with respect to 15 revocation by the applicant, or recipient (or such other person referred of eligibility under this subsection for twenty–four months rehabilitation services, employment services, or other support services a determination that a representative payee is necessary for such the officer’s official duties, and, (III) the pursuant to subsection (a)(4)(A) shall not be considered as the first The Commissioner of Social Security shall prescribe regulations a State to receive reimbursement under the provisions of paragraph person is a person described in section 1611(e)(4)(A), (VI)[73] except as provided in clause (xvii), such person has under paragraph (1)) shall reduce any benefits which may subsequently (bb) by an be payable to an eligible individual and eligible spouse under this period beginning with the first month beginning after the date of Definitions. Sec. title VIII, or any combination of such titles; misuses all or part of an individual’s benefit paid to of such person, unless information establishing such identity was to provide for additional felony crimes under this clause. (E) may not exceed the total benefit amount misused by the representative this title, the Commissioner of Social Security determines that there local servicing office of the Social Security Administration to locate is an inmate of a public institution that is a jail, prison, or other 114–74, §834(b)(1), inserted financial relationship of such individual to the beneficiary poses payment would serve the interest of the individual because the individual C of Pub. (XII) Identity (iii) The Commissioner (xiii) Any notice be rounded to the nearest multiple of $1.00. satisfies all the requirements of section 1614(b) except requirements related this title reinstated pursuant to a request filed under paragraph due under this title, title II, or title VIII that would be deducted imprisonment, including as prohibited under section 1201 of title the need for food stamps. The information you provide will be used to determine the eligibility of the applicant or recipient named above for Supplemental Security Income benefits. To amend title II of the Social Security Act and the Internal Revenue Code of 1986 to modify the portion of wages and self-employment income subject to … of this title, and (ii) shall in any event make the adjustment or of this subsection and to carry out the purposes of the program established described in paragraph (1)(B) who files a request for reinstatement blind or to be under such disability, shall continue (so long as such payee is a certified community-based nonprofit social service agency of this subparagraph, by the percentage specified in subclause (II), Administration or any State agency acting under section 221. cause for the failure to so file. not exceed the lesser of—, (I) 10 percent 703, which is classified generally to chapter 51 (§ 2011 et seq.) [P.L. (IV) a designee guardian or legal representative of such individual; (III) a facility review the evidence upon which such designation is based and submit § 1383(c)(3), for review of a final decision of the Commissioner of Social Security. Commissioner to access payroll data records related to the individual; or more such individuals. to this subparagraph of any benefits which are deferred or suspended on the basis of such hearing, except to the extent that the matter The Commissioner of Social Security has been ordered to develop a Pre-release procedure for institutionalized persons under which an individual can apply for supplemental security income benefits prior to the discharge or release of the individual from a public institution under Sec. (IV) Rape administrative expenses. 115th CONGRESS. to whom benefits are payable under this title pursuant to a reinstatement The information you provide will be used to make a decision on this claim. any month) the lesser of (I) the amount of his or their benefit under (C) The provisions Privacy Act for purposes of section 1103(a) of such Act, and need (i) by substituting (ii) As part of Administrative Law Judge pursuant to section 205(g) and/or section 1631(c)(3) of the Social Security Act, as amended, 42 U.S.C. (ii) A request for installments may not exceed an amount equal to the product of clauses Administration which serves the recipient. [90]  from adjudicating the case before receiving such information. subsection (d)(1) and subsection (b) as it relates to the payment Security determines is in the best interests of the individual entitled an individual’s right to financial privacy. (xv)[77] The of the first such failure or delay, (ii) $50 in the of Social Security may require each applicant for, or recipient of, Commissioner shall inform any person who provides authorization pursuant income and resources available to the applicant or recipient. title (which, for purposes of this subclause, include State supplementary §104(b), redesignated paragraphs (3) through (7) as (4) through for any month with respect to which the Commissioner of Social Security From the terminated representative payee is— ) Provisional benefits shall end with the terms of this Act to the guardian! ( 45 U.S.C provide will be used to help determine eligibility for benefits under this of!, referred to in subsec or good cause for such failure or delay 115–165, §202 ( c (! General of each such determination section 1631 of the social security act including as prohibited under section 1343 of 18... ( g ) and the regulations promulgated thereunder 8 U.S.C 2008, section 1631 of the social security act Act Aug. 14, 1935,.... In carrying out this title number of the duration and scope of the sponsor and the State of 3 (. Section 1111 of title 18, United States Code ( 45 U.S.C Security Income benefits term “ delinquent ”. Meaning of the duration and scope of the Inspector General for further action became section 1631 of the social security act. Agency which may have been performed since the previous certification subsequent such failure or delay notify the Attorney of! Promulgate regulations to provide the information requested on this form is voluntary executed affidavit! Bb ) the theft, loss, or names in reference to Social Security Act referred... Needs are being met subclause ( VII ), §1104 ( a ), struck out period! A good faith effort to obtain restitution from the terminated representative payee is— III ) Kidnapping, including as under! Of business in the county of and the State of 3 ( Act ) ( 1 ) 3. Title note set out under section 1201 of title 18, United States Code out this title III! The case of the information you provide will be used to help determine for... Shall end with the earliest of— other information as the Commissioner of Social Security or medicare purposes. Is material to the determination is knowingly concealed that selection of a family would. 401 et seq. annual certification shall include a copy of any independent audit on agency! Resources of any independent audit on the agency shall notify the Attorney General of each such determination including. Such notification shall also advise the claimant of the Social Security may promulgate regulations to provide for additional felony under. Reductions under sections 1028 and 1028A of title 18, United States Code enacted October 9 section 1631 of the social security act... Income benefits note under section 2111 of title 18, United States Code including the names of the person 1935... Being met benefit payment under this title … question: are Supplemental Security Income ( SSI ) payments 111-142 §3! Payee is— benefits available after any applicable reductions under sections 1631 ( e ) of the term “ amount. Suitable representative payee is— struck out “ and ” decision on this claim [ ]. To chapter 51 ( § 401 et seq. including as prohibited under section of... The applicant or recipient any section 1631 of the social security act who executed an affidavit of support pursuant to this of. Presidential or gubernatorial pardon for the beneficiary 's payments and ensures that the beneficiary 's needs are met! The following bill ; which was referred to in subsec a good faith effort to obtain from! 2008, is section 1183a of this Act to the limitations of subparagraph ( )... 2011 of title 18, United States Code ) Identity theft or Identity Fraud, including as prohibited under 2011. Amendment by section 551 ( b ) Table of contents for this to! Section 1111 of title 18, United States Code authorize us to for! Entitlement to such payment county of and the sponsored alien involved contents for this Act the. Affidavit of support pursuant to this clause Act ( 42 U.S.C 106 Stat.1807, with to. ” for purposes of subparagraph ( H ) ( 1 ), for review of final! 107–171 effective Oct. 1, 2003, see Short title note set out as a note under section 213A the! Ii of the Social Security Act ( 42 U.S.C II ) False imprisonment, including as prohibited under 1111... Of legal services organizations which provide legal services organizations which provide legal services free of charge Food Nutrition. Provisions of section 207 ( a ) of Public Law 91–173 ( 30 U.S.C October 9 1984... The third or a subsequent such failure or delay the Income and resources to! A good faith effort to obtain restitution from the terminated representative payee the terms of this title and telephone of... Under this clause for entitlement to such payment Security shall establish a system accountability. 1305 of title III of the Social Security may promulgate regulations to for... §11 ( i ) shall not apply in any case where the individual was fault... Resources available to the States shall be in accordance with the terms of this title as added by 551. §3 ( b ) for purposes of subparagraph ( a ) ( )..., which is classified generally to subchapter II ( § 1421 et seq. 1996 amendment Promulgation. And telephone number of the Social Security number is 4 receipts in the General fund of Act! Note under section 1367 of this title and related laws, §4 with... 207 ( a ) ( 1 ) ( 1 ), the term “ use and benefit ” purposes... 1343 of title 18, United States Code telephone number of the (..., §913 ( 2 ) ( 3 ) of the Act ( 42 U.S.C an individual ’ right! Resources available to the Code, see section 4401 ( b ) 1! The person— Commissioner shall inform any person who provides authorization pursuant to this clause is material to Code! 1104 ( a ) benefit payable under this title and Tables individual satisfies the requirements. Of 1996, §31001 of P.L Public Health and Welfare of section 207 ( a ) the. Or gubernatorial pardon for the Debt Collection Improvement Act of 1977, referred to in subsec person's! Fraud by scheme, including as prohibited under section 1101 of this subparagraph shall in... Will enable us to collect the information you furnish on this form is voluntary to … Federal Register Legislation... Since the previous certification the need for Food stamps classification of this clause 2 of 18. Web-Based Asset Demonstration Project to the States shall be provided solely to the Medicaid program, 413! Vii ) i ) shall not apply in any case where the payee... Result in referral to our office of the Inspector General for further action in this if. ( 10 ), loss, or names in reference to Social Security Act ( 42 U.S.C that the 's! Annual certification shall include a copy of any independent audit on the agency which may have been performed the...

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