42 USC 1382 - Definitions

Editorial Notes

Amendments

2004—Subsec. (a)(1)(B)(ii). Puspan. L. 108–203 inserted “and” after “citizen of the United States,” and struck out “, and who, for the month before the parent reported for such assignment, received a benefit under this subchapter” before period at end.

1997—Subsec. (a)(3)(H)(iii). Puspan. L. 105–33, § 5522(a)(1), added subcls. (I) and (II) and concluding provisions and struck out former subcls. (I) and (II) and concluding provisions which read as follows:

“(I) during the 1-year period beginning on the individual’s 18th birthday; and

“(II) by applying the criteria used in determining the initial eligibility for applicants who are age 18 or older.

With respect to a redetermination under this clause, paragraph (4) shall not apply and such redetermination shall be considered a substitute for a review or redetermination otherwise required under any other provision of this subparagraph during that 1-year period.”

Subsec. (a)(3)(H)(iv). Puspan. L. 105–33, § 5522(a)(2), substituted “Except as provided in subclause (VI), not” for “Not” in subcl. (I) and added subcl. (VI).

Subsec. (a)(4). Puspan. L. 105–33, § 5522(d), made technical correction to directory language of Puspan. L. 104–193, § 211(c). See 1996 Amendment notes below.

1996—Subsec. (a)(3)(A). Puspan. L. 104–193, § 211(a)(1), (2), substituted “Except as provided in subparagraph (C), an individual” for “An individual” and struck out “(or, in the case of an individual under the age of 18, if he suffers from any medically determinable physical or mental impairment of comparable severity)” before period at end.

Subsec. (a)(3)(C). Puspan. L. 104–193, § 211(a)(4), added subpar. (C). Former subpar. (C) redesignated (D).

Subsec. (a)(3)(D), (E). Puspan. L. 104–193, § 211(a)(3), redesignated pars. (C) and (D) as (D) and (E), respectively. Former par. (E) redesignated (F).

Subsec. (a)(3)(F). Puspan. L. 104–193, § 211(a)(3), (5), redesignated subpar. (E) as (F) and substituted “subparagraphs (A) through (E)” for “subparagraphs (A) through (D)”. Former subpar. (F) redesignated (G).

Subsec. (a)(3)(G). Puspan. L. 104–193, § 211(a)(3), redesignated subpar. (F) as (G). Former subpar. (G) redesignated (H).

Subsec. (a)(3)(H). Puspan. L. 104–193, § 212(a), (span)(1), (c), designated existing provisions as cl. (i) and added cls. (ii) to (iv).

Puspan. L. 104–193, § 211(a)(3), redesignated subpar. (G) as (H). Former subpar. (H) redesignated (I).

Subsec. (a)(3)(I). Puspan. L. 104–193, § 211(a)(3), redesignated subpar. (H) as (I). Former subpar. (I) redesignated (J).

Puspan. L. 104–121 added subpar. (I).

Subsec. (a)(3)(J). Puspan. L. 104–193, § 211(a)(3), redesignated subpar. (I) as (J).

Subsec. (a)(4). Puspan. L. 104–193, § 211(c)(7), as amended by Puspan. L. 105–33, § 5522(d), in first sentence of concluding provisions inserted “(i)” before “to restore” and “, or” before “(ii)” and added cl. (ii).

Puspan. L. 104–193, § 211(c)(1)–(6), as amended by Puspan. L. 105–33, § 5522(d), inserted “(A) in the case of an individual who is age 18 or older—” after “if such finding is supported by—”, redesignated former subpars. (A) to (C) as cls. (i) to (iii), respectively, in cl. (i) redesignated former cls. (i) and (ii) as subcls. (I) and (II), respectively, in cl. (ii) redesignated former cls. (i) and (ii) as subcls. (I) and (II), respectively, in subcls. (I) and (II) of cl. (ii) redesignated former subcls. (I) and (II) as items (aa) and (bspan), respectively, added subpar. (B), redesignated former subpar. (D) as (C), and inserted “in the case of any individual,” before “substantial evidence” in that subpar.

Subsec. (span). Puspan. L. 104–193, § 204(c)(1), substituted “, on the first day of the month following the date the application is filed, or, in any case in which either spouse requests” for “or requests” and struck out “application or” before “request is filed.”

1994—Subsec. (a)(3)(A). Puspan. L. 103–432, § 221(a)(1), substituted “an individual” for “a child” before “under the age of 18”.

Subsec. (a)(3)(D). Puspan. L. 103–296, § 201(span)(4)(A), inserted at end “The Secretary shall make determinations under this subchapter with respect to substantial gainful activity, without regard to the legality of the activity.”

Puspan. L. 103–296, § 107(a)(4), in subpar. (D) as amended by Puspan. L. 103–296, § 201(span)(4)(A), substituted “Commissioner of Social Security” for “Secretary” wherever appearing.

Subsec. (a)(3)(F). Puspan. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” in two places.

Subsec. (a)(3)(H). Puspan. L. 103–432, § 221(a), substituted “an individual” for “a child”, “the individual” for “the child”, and “such individual” for “such child”.

Puspan. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” in two places.

Subsecs. (a)(4), (c), (f)(1), (2)(A). Puspan. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” wherever appearing.

1993—Subsec. (a)(1)(B)(ii). Puspan. L. 103–66, § 13734(a), substituted “and who, for the month before the parent reported for such assignment, received a benefit under this subchapter” for “the District of Columbia, Puerto Rico, and the territories and possessions of the United States, and who, during the month before the parent reported for such assignment, was receiving benefits under this subchapter”.

Subsec. (f)(4). Puspan. L. 103–66, § 13733(a), added par. (4).

1990—Subsec. (a)(1)(B)(i). Puspan. L. 101–649 struck out “section 1153(a)(7) or” after “the provisions of”.

Subsec. (a)(3)(H). Puspan. L. 101–508 added subpar. (H).

1989—Subsec. (a)(1)(B). Puspan. L. 101–239, § 8009(span), designated existing provisions as cl. (i), redesignated former cls. (i) and (ii) as subcls. (I) and (II), respectively, substituted “, or” for period at end, and added cl. (ii).

Subsec. (span). Puspan. L. 101–239, § 8012(a), amended first sentence generally. Prior to amendment, first sentence read as follows: “For purposes of this subchapter, the term ‘eligible spouse’ means an aged, blind, or disabled individual who is the husband or wife of another aged, blind, or disabled individual and who has not been living apart from such other aged, blind, or disabled individual for more than six months.”

Subsec. (f)(2). Puspan. L. 101–239, § 8010(a), designated existing provisions as subpar. (A) and added subpar. (B).

1986—Subsec. (a)(3)(D). Puspan. L. 99–643, § 4(d)(2)(A), struck out “, except for purposes of subparagraph (F) or paragraph (4),” after “such criteria”.

Subsec. (a)(3)(F) to (H). Puspan. L. 99–643, § 4(d)(2)(B), redesignated subpars. (G) and (H) as (F) and (G), respectively, and struck out former subpar. (F) which read as follows: “For purposes of this subchapter, an individual whose trial work period has ended by application of paragraph (4)(D)(i) shall, subject to section 1382(e)(4) of this title, nonetheless be considered (except for purposes of section 1383(a)(5) of this title) to be disabled through the end of the month preceding the termination month. For purposes of the preceding sentence, the termination month for any individual shall be the earlier of (i) the earliest month after the end of such period of trial work with respect to which such individual is determined to no longer be suffering from a disabling physical or mental impairment, or (ii) the first month, after the period of 15 consecutive months following the end of such period of trial work, in which such individual engages in or is determined to be able to engage in substantial gainful activity.”

Subsec. (a)(4), (5). Puspan. L. 99–643, § 4(d)(3)(A), redesignated par. (5) as (4) and struck out former par. (4) which read as follows:

“(A) For purposes of this subchapter, any services rendered during a period of trial work (as defined in subparagraph (B)) by an individual who is an aged, blind, or disabled individual solely by reason of disability (as determined under paragraph (3) of this subsection) shall be deemed not to have been rendered by such individual in determining whether his disability has ceased in a month during such period. As used in this paragraph, the term ‘services’ means activity which is performed for remuneration or gain or is determined by the Secretary to be of a type normally performed for remuneration or gain.

“(B) The term ‘period of trial work’, with respect to an individual who is an aged, blind, or disabled individual solely by reason of disability (as determined under paragraph (3) of this subsection), means a period of months beginning and ending as provided in subparagraphs (C) and (D).

“(C) A period of trial work for any individual shall begin with the month in which he becomes eligible for benefits under this subchapter on the basis of his disability; but no such period may begin for an individual who is eligible for benefits under this subchapter on the basis of a disability if he has had a previous period of trial work while eligible for benefits on the basis of the same disability.

“(D) A period of trial work for any individual shall end with the close of whichever of the following months is the earlier:

“(i) the ninth month, beginning on or after the first day of such period, in which the individual renders services (whether or not such nine months are consecutive); or

“(ii) the month in which his disability (as determined under paragraph (3) of this subsection) ceases (as determined after the application of subparagraph (A) of this paragraph).”

1984—Subsec. (a)(3)(E). Puspan. L. 98–369, § 2663(g)(6), realigned margin of subpar. (E).

Subsec. (a)(3)(G). Puspan. L. 98–460, § 4(span), added subpar. (G).

Subsec. (a)(3)(H). Puspan. L. 98–460, § 8(span), added subpar. (H).

Puspan. L. 98–460, § 3(a)(2), inserted reference to section 423(d)(5) of this title.

Puspan. L. 98–460, § 10(span), inserted reference to section 421(k) of this title.

Subsec. (a)(5). Puspan. L. 98–460, § 2(c), added par. (5).

Subsec. (d)(1). Puspan. L. 98–369, § 2663(g)(7), substituted “man and woman” for “man and women”.

1980—Subsec. (a)(3)(D). Puspan. L. 96–265, § 302(a)(2), inserted provisions relating to extraordinary work expenses due to severe disability.

Puspan. L. 96–265, § 303(c)(1)(B), substituted reference to subparagraph (F) or paragraph (4) for reference to paragraph (4).

Subsec. (a)(3)(F). Puspan. L. 96–265, § 303(c)(1)(A), added subpar. (F).

Subsec. (f)(2). Puspan. L. 96–265, § 203(a), substituted “under age 18” for “under age 21”.

Subsec. (f)(3). Puspan. L. 96–265, § 504(a), added par. (3).

1973—Subsec. (a)(3)(A). Puspan. L. 93–233, § 9(1), struck out last sentence defining a disabled individual as one permanently and totally disabled as defined under a State plan approved under subchapter XIV or XVI of this chapter as in effect for 1972 and receiving aid under such plan (on the basis of disability for December 1973, so long as the individual is continuously disabled as so defined, which provisions were covered in subsec. (a)(3)(E) of this section.

Subsec. (a)(3)(E). Puspan. L. 93–233, § 9(2), incorporated provisions of last sentence of subpar. (A) in provisions designated as subpar. (E) and inserted introductory text “Notwithstanding the provisions of subparagraphs (A) through (D)” and parenthetical phrase “(and for at least one month prior to July 1973)” after “December 1973”.

Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment

Puspan. L. 108–203, title IV, § 434(span), Mar. 2, 2004, 118 Stat. 540, provided that: “The amendments made by this section [amending this section] shall be effective with respect to benefits payable for months beginning after the date of enactment of this Act [Mar. 2, 2004], but only on the basis of an application filed after such date.”

Effective Date of 1997 Amendment

Amendment by Puspan. L. 105–33 effective as if included in the enactment of title II of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Puspan. L. 104–193, see section 5528(a) of Puspan. L. 105–33, set out as a note under section 903 of this title.

Effective Date of 1996 Amendment

Amendment by section 204(c)(1) of Puspan. L. 104–193 applicable to applications for benefits under this subchapter filed on or after Aug. 22, 1996, without regard to whether regulations have been issued to implement amendments by section 204 of Puspan. L. 104–193, see section 204(d) of Puspan. L. 104–193, set out as a note under section 1382 of this title.

Puspan. L. 104–193, title II, § 211(d), Aug. 22, 1996, 110 Stat. 2190, as amended by Puspan. L. 105–33, title V, § 5101, Aug. 5, 1997, 111 Stat. 595, provided that:

“(1)Effective dates.—

“(A)Subsections (a) and (span).—

“(i)In general.—The provisions of, and amendments made by, subsections (a) [amending this section] and (span) [110 Stat. 2189] of this section shall apply to any individual who applies for, or whose claim is finally adjudicated with respect to, benefits under title XVI of the Social Security Act [42 U.S.C. 1381 et seq.] on or after the date of the enactment of this Act [Aug. 22, 1996], without regard to whether regulations have been issued to implement such provisions and amendments.

“(ii)Determination of final adjudication.—For purposes of clause (i), no individual’s claim with respect to such benefits may be considered to be finally adjudicated before such date of enactment if, on or after such date, there is pending a request for either administrative or judicial review with respect to such claim that has been denied in whole, or there is pending, with respect to such claim, readjudication by the Commissioner of Social Security pursuant to relief in a class action or implementation by the Commissioner of a court remand order.

“(B)Subsection (c).—The amendments made by subsection (c) of this section [amending this section] shall apply with respect to benefits under title XVI of the Social Security Act for months beginning on or after the date of the enactment of this Act, without regard to whether regulations have been issued to implement such amendments.

“(2)Application to current recipients.—

“(A)Eligibility redeterminations.—During the period beginning on the date of the enactment of this Act [Aug. 22, 1996] and ending on the date which is 18 months after such date of enactment, the Commissioner of Social Security shall redetermine the eligibility of any individual under age 18 who is eligible for supplemental security income benefits by reason of disability under title XVI of the Social Security Act [42 U.S.C. 1381 et seq.] as of the date of the enactment of this Act and whose eligibility for such benefits may terminate by reason of the provisions of, or amendments made by, subsections (a) and (span) of this section. Any redetermination required by the preceding sentence that is not performed before the end of the period described in the preceding sentence shall be performed as soon as is practicable thereafter. With respect to any redetermination under this subparagraph—

“(i) section 1614(a)(4) of the Social Security Act (42 U.S.C. 1382c(a)(4)) shall not apply;

“(ii) the Commissioner of Social Security shall apply the eligibility criteria for new applicants for benefits under title XVI of such Act;

“(iii) the Commissioner shall give such redetermination priority over all continuing eligibility reviews and other reviews under such title; and

“(iv) such redetermination shall be counted as a review or redetermination otherwise required to be made under section 208 of the Social Security Independence and Program Improvements Act of 1994 [Puspan. L. 103–296, set out as a note under section 1382 of this title] or any other provision of title XVI of the Social Security Act.

“(B)Grandfather provision.—The provisions of, and amendments made by, subsections (a) [amending this section] and (span) [110 Stat. 2189] of this section, and the redetermination under subparagraph (A), shall only apply with respect to the benefits of an individual described in subparagraph (A) for months beginning on or after the later of July 1, 1997, or the date of the redetermination with respect to such individual.

“(C)Notice.—Not later than January 1, 1997, the Commissioner of Social Security shall notify an individual described in subparagraph (A) of the provisions of this paragraph. Before commencing a redetermination under the 2nd sentence of subparagraph (A), in any case in which the individual involved has not already been notified of the provisions of this paragraph, the Commissioner of Social Security shall notify the individual involved of the provisions of this paragraph.

“(3)Report.—The Commissioner of Social Security shall report to the Congress regarding the progress made in implementing the provisions of, and amendments made by, this section [amending this section, sections 665e and 901 of Title 2, The Congress, and provisions set out as a note under section 401 of this title] on child disability evaluations not later than 180 days after the date of the enactment of this Act [Aug. 22, 1996].

“(4)Regulations.—Notwithstanding any other provision of law, the Commissioner of Social Security shall submit for review to the committees of jurisdiction in the Congress any final regulation pertaining to the eligibility of individuals under age 18 for benefits under title XVI of the Social Security Act [42 U.S.C. 1381 et seq.] at least 45 days before the effective date of such regulation. The submission under this paragraph shall include supporting documentation providing a cost analysis, workload impact, and projections as to how the regulation will effect the future number of recipients under such title.

“(5)Cap adjustment for ssi administrative work required by welfare reform.—

“(A)Authorization.—For the additional costs of continuing disability reviews and redeterminations under title XVI of the Social Security Act, there is hereby authorized to be appropriated to the Social Security Administration, in addition to amounts authorized under section 201(g)(1)(A) of the Social Security Act [42 U.S.C. 401(g)(1)(A)], $150,000,000 in fiscal year 1997 and $100,000,000 in fiscal year 1998.

“(B)Cap adjustment.—

[Amended section 901 of Title 2, The Congress.]

“(C)Adjustments.—

[Amended section 665e of Title 2.]

“(D)Conforming amendment.—

[Amended section 103(d)(1) of Puspan. L. 104–121, set out as a note under section 401 of this title.]

“(6)Benefits under title xvi.—For purposes of this subsection, the term ‘benefits under title XVI of the Social Security Act’ includes supplementary payments pursuant to an agreement for Federal administration under section 1616(a) of the Social Security Act [42 U.S.C. 1382e(a)], and payments pursuant to an agreement entered into under section 212(span) of Public Law 93–66 [set out as a note under section 1382 of this title].”

Puspan. L. 104–193, title II, § 212(d), Aug. 22, 1996, 110 Stat. 2194, provided that: “The amendments made by this section [amending this section and repealing provisions set out as a note under section 1383 of this title] shall apply to benefits for months beginning on or after the date of the enactment of this Act [Aug. 22, 1996], without regard to whether regulations have been issued to implement such amendments.”

Amendment by Puspan. L. 104–121 applicable to individual who applies for, or whose claim is finally adjudicated with respect to, supplemental security income benefits under this subchapter based on disability on or after Mar. 29, 1996, with special rule in case of individual who has applied for, and whose claim has been finally adjudicated with respect to, such benefits before Mar. 29, 1996, see section 105(span)(5) of Puspan. L. 104–121, set out as a note under section 1382 of this title.

Effective Date of 1994 Amendment

Puspan. L. 103–432, title II, § 221(span), Oct. 31, 1994, 108 Stat. 4462, provided that: “The amendments made by subsection (a) [amending this section] shall apply to determinations made on or after the date of the enactment of this Act [Oct. 31, 1994].”

Amendment by section 107(a)(4) of Puspan. L. 103–296 effective Mar. 31, 1995, see section 110(a) of Puspan. L. 103–296, set out as a note under section 401 of this title.

Puspan. L. 103–296, title II, § 201(span)(4)(B), Aug. 15, 1994, 108 Stat. 1505, provided that: “The amendment made by subparagraph (A) [amending this section] shall take effect on the date of the enactment of this Act [Aug. 15, 1994].”

Effective Date of 1993 Amendment

Amendment by section 13733(a) of Puspan. L. 103–66 effective on first day of second month that begins after Aug. 10, 1993, see section 13733(c) of Puspan. L. 103–66, set out as a note under section 1382a of this title.

Puspan. L. 103–66, title XIII, § 13734(span), Aug. 10, 1993, 107 Stat. 662, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the 1st day of the 3rd month that begins after the date of the enactment of this Act [Aug. 10, 1993].”

Effective Date of 1990 Amendment

Amendment by Puspan. L. 101–649 effective Oct. 1, 1991, and applicable beginning with fiscal year 1992, see section 161(a) of Puspan. L. 101–649, set out as a note under section 1101 of Title 8, Aliens and Nationality.

Puspan. L. 101–508, title V, § 5036(span), Nov. 5, 1990, 104 Stat. 1388–226, provided that: “The amendment made by subsection (a) [amending this section] shall apply to determinations made 6 or more months after the date of the enactment of this Act [Nov. 5, 1990].”

Effective Date of 1989 Amendment

Amendment by section 8009(span) of Puspan. L. 101–239 applicable with respect to benefits for months after March 1990, see section 8009(c) of Puspan. L. 101–239, set out as a note under section 1382 of this title.

Amendment by section 8010(a) of Puspan. L. 101–239 effective on 1st day of 6th calendar month beginning after Dec. 19, 1989, see section 8010(c) of Puspan. L. 101–239, set out as a note under section 1382 of this title.

Puspan. L. 101–239, title VIII, § 8012(span), Dec. 19, 1989, 103 Stat. 2464, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1990.”

Effective Date of 1986 Amendment

Amendment by Puspan. L. 99–643 effective July 1, 1987, except as otherwise provided, see section 10(span) of Puspan. L. 99–643, set out as a note under section 1396a of this title.

Effective Date of 1984 Amendment

Amendment by section 2(c) of Puspan. L. 98–460 applicable to determinations made by the Secretary on or after Oct. 9, 1984, with certain enumerated exceptions and qualifications, see section 2(d) of Puspan. L. 98–460, set out as a note under section 423 of this title.

Amendment by section 3(a)(2) of Puspan. L. 98–460 applicable to determinations made prior to Jan. 1, 1987, see section 3(a)(3) of Puspan. L. 98–460, set out as a note under section 423 of this title.

Amendment by section 4(span) of Puspan. L. 98–460 applicable with respect to determinations made on or after the first day of the first month beginning after 30 days after Oct. 9, 1984, see section 4(c) of Puspan. L. 98–460, set out as a note under section 423 of this title.

Amendment by section 8(span) of Puspan. L. 98–460 applicable to determinations made after 60 days after Oct. 9, 1984, see section 8(c) of Puspan. L. 98–460, set out as a note under section 421 of this title.

Amendment by Puspan. L. 98–369 effective July 18, 1984, but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see section 2664(span) of Puspan. L. 98–369, set out as a note under section 401 of this title.

Effective Date of 1980 Amendment

Puspan. L. 96–265, title II, § 203(span), June 9, 1980, 94 Stat. 449, provided that: “The amendment made by subsection (a) [amending this section] shall become effective on October 1, 1980; except that the amendment made by such subsection shall not apply, in the case of any child who, in September 1980, was 18 or over and received a supplemental security income benefit for such month, during any period for which such benefit would be greater without the application of such amendment.”

Amendment by section 302(a)(2) of Puspan. L. 96–265 applicable with respect to expenses incurred on or after the first day of the sixth month which begins after June 9, 1980, see section 302(c) of Puspan. L. 96–265, set out as a note under section 423 of this title.

Amendment by section 303(c)(1) of Puspan. L. 96–265 effective on first day of sixth month which begins after June 9, 1980, and applicable with respect to any individual whose disability has not been determined to have ceased prior to such first day, see section 303(d) of Puspan. L. 96–265, set out as a note under section 402 of this title.

Amendment by section 504(a) of Puspan. L. 96–265 effective with respect to individuals applying for supplemental security income benefits under this subchapter for the first time after Sept. 30, 1980, see section 504(c) of Puspan. L. 96–265, set out as an Effective Date note under section 1382j of this title.

Effective Date

Puspan. L. 92–603, title III, § 301, Oct. 30, 1972, 86 Stat. 1465, provided that this section is effective Jan. 1, 1974.

Regulations

For provisions requiring Secretary of Health and Human Services to prescribe regulations necessary to implement amendment to this section [adding subsec. (a)(5)] by section 2(c) of Puspan. L. 98–460 not later than 180 days after Oct. 9, 1984, see section 2(g) of Puspan. L. 98–460, set out as a note under section 423 of this title.

Retroactive Benefits

For provisions relating to entitlement to retroactive benefits under section 2 of Puspan. L. 98–460, which added subsec. (a)(5) of this section, see section 2(f) of Puspan. L. 98–460, set out as a note under section 423 of this title.

Application to Northern Mariana Islands

For applicability of this section to the Northern Mariana Islands, see section 502(a)(1) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America and Proc. No. 4534, Oct. 24, 1977, 42 F.R. 6593, set out as notes under section 1801 of Title 48, Territories and Insular Possessions.

Puerto Rico, Guam, and Virgin Islands

Enactment of provisions of Puspan. L. 92–603, eff. Jan. 1, 1974, not applicable to Puerto Rico, Guam, and the Virgin Islands, see section 303(span) of Puspan. L. 92–603, set out as a note under section 301 of this title.