,,ii #aacth ,,congress #b;d ,session ,s4 #cjjc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #aa1 #bjad ,mr4 ,coburn introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to protect the ,social ,security ,disability ,insurance program and provide other support for working disabled ,americans1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,protecting ,social ,security ,disability ,act of #bjad4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,,title ,i--,ensuring the long-term solvency of the disability insurance trust fund ,sec4 #aja4 ,application of actuarial reduction for disabled beneficiaries who attain early retirement age4 ,sec4 #ajb4 ,revising disability classifications2 requiring periodic continuing disability reviews or time limiting benefits for certain beneficiaries4 ,sec4 #ajc4 ,adjustment of age criteria for social security disability insurance medical-vocational guidelines2 consideration of work which exists in the national economy4 ,sec4 #ajd4 ,mandatory collection of negotiated civil monetary penalties4 ,sec4 #aje4 ,required electronic filing of wage withholding returns4 ,,title ,,ii--,program integrity3 ,reforming standards and procedures for disability hearings1 medical evidence1 and claimant representatives ,sec4 #bja4 ,elimination of reconsideration review level for an initial adverse determination of an application for disability insurance benefits4 ,sec4 #bjb4 ,deadline for submission of medical evidence2 exclusion of certain medical evidence4 ,sec4 #bjc4 ,non-adversarial disability hearing attorneys4 ,sec4 #bjd4 ,procedural rules for hearings4 ,sec4 #bje4 ,prohibiting attorneys who have relinquished a license to practice in the face of an ethics investigation from serving as a claimant representative4 ,sec4 #bjf4 ,applying judicial code of conduct to administrative law judges4 ,sec4 #bjg4 ,evaluating medical evidence4 ,sec4 #bjh4 ,reforming fees paid to attorneys and other claimant representatives4 ,sec4 #bji4 ,strengthening the administrative law judge quality review process4 ,sec4 #baj4 ,permitting data matching by ,inspectors ,general4 ,sec4 #baa4 ,accounting for ,social ,security ,program ,integrity ,spending4 ,sec4 #bab4 ,use of the ,national ,directory of ,new ,hires4 ,,title ,,iii--,providing support for working disabled ,americans ,sec4 #cja4 ,establishment of ,work ,incentive ,benefit ,system4 ,sec4 #cjb4 ,early-intervention demonstration project2 study on payroll tax reductions4 ,i ,ensuring the long-term solvency of the disability insurance trust fund #aja4 ,application of actuarial reduction for disabled beneficiaries who attain early retirement age 7a7 ,in general ,section #bjb7k77#d7 of the ,social ,security ,act 7#db ,u4,s4,c4 #djb7k77#d77 is amended to read as follows3 7#d7 ,with the exception of individuals who are classified by the ,commissioner of ,social ,security as medical improvement not expected1 any individual who1 under this section and section #bbc1 is entitled for any month to both an old-age insurance benefit and a disability insurance benefit under this title shall only be entitled to the old-age insurance benefit for such month1 as reduced for such month pursuant to subsection 7q77#a74 4 7b7 ,conforming amendments 7#a7 ,period of disability ,clause 7i7 of section #baf7;i77#b77;,d7 of the ,social ,security ,act 7#db ,u4,s4,c4 #daf7;i77#b77;,d77 is amended by striking retirement age 7as defined in subsection 7l77 and inserting early retirement age 7as defined in subsection 7l77#b771 or for individuals classified by the ,commissioner of ,social ,security as medical improvement not expected1 retirement age 7as defined in subsection 7l77#a774 7#b7 ,disability insurance benefit payments ,section #bbc7;a77#a7 of the ,social ,security 7#db ,u4,s4,c4 #dbc7;a77#a77 is amended1 in the flush matter at the end1 by striking retirement age 7as defined in section #baf7l77 and inserting early retirement age 7as defined in section #baf7l77#b771 or for individuals classified by the ,commissioner of ,social ,security as medical improvement not expected1 retirement age 7as defined in section #baf7l77#a774 7c7 ,effective date ,the amendments made by this section shall take effect on ,january #a1 #bjbj1 and shall apply to any individual 7with the exception of individuals classified by the ,commissioner of ,social ,security as medical improvement not expected7 who attains early retirement age 7as defined in section #baf7l77#b7 of the ,social ,security ,act7 on or after such date4 #ajb4 ,revising disability classifications2 requiring periodic continuing disability reviews or time limiting benefits for certain beneficiaries 7a7 ,in general 7#a7 ,disability classifications ,not later than #a year after the date of the enactment of this ,act1 the ,commissioner of ,social ,security shall establish a system for classifying any individual who is determined to be entitled to disability insurance benefits under title ,,ii of the ,social ,security ,act or to monthly benefits under section #bjb of such ,act by reason of being under a disability in the following manner3 7,a7 ,an individual shall be classified as medical improvement expected if the impairment or combination of impairments causing the individual to be disabled is expected to medically improve to the point where the individual will no longer be disabled in #a to #b years4 7,b7 ,an individual shall be classified as medical improvement likely if the impairment or combination of impairments causing the individual to be disabled is expected to medically improve to the point where the individual will no longer be disabled in #c to #e years4 7,c7 ,an individual shall be classified as medical improvement possible if the impairment or combination of impairments causing the individual to be disabled is not expected to medically improve to the point where the individual will no longer be disabled in #e years1 but future improvement is possible4 7,d7 ,an individual shall be classified as medical improvement not expected if the individual has an impairment or combination of impairments that is chronic or progressive with permanent1 irreversible structural or functional loss1 and for which there is no known effective therapy1 treatment1 or surgical intervention that could result in medical improvement to the point where the individual is no longer disabled4 7#b7 ,consideration of age ,in classifying an individual under paragraph 7#a71 the ,commissioner of ,social ,security shall not classify an individual as medical improvement not expected solely by reason of such individual's age where a lesser classification is appropriate4 7b7 ,continuing disability reviews 7#a7 ,in general ,section #bba7;i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dba7;i77 is amended-- 7,a7 by amending paragraph 7#a7 to read as follows3 7#a7 7,a7 ,in the case of any individual who is determined to be under a disability and is classified as medical improvement likely or medical improvement possible1 the applicable ,state agency or the ,commissioner of ,social ,security 7as may be appropriate7 shall1 for purposes of continuing eligibility-- 7i7 if the individual is classified as medical improvement likely1 conduct a review to determine whether the individual remains under a disability during the #eth year following the first month after the individual's waiting period 7as defined in section #bbc7;c77#b772 and 7ii7 if the individual is classified as medical improvement possible1 conduct a review to determine whether the individual remains under a disability during the #gth year following the first month after the individual's waiting period 7as so defined74 7,b7 ,in addition to the continuing eligibility reviews required under subparagraph 7,a7 and notwithstanding how an individual is classified under the system established by the ,commissioner of ,social ,security under section #ajb7;a7 of the ,protecting ,social ,security ,disability ,act of #bjad1 if the ,commissioner has reason to believe that an individual that has been determined to be under a disability is not under a disability1 the ,commissioner may review such individual's case at such time and in such manner as the ,commissioner determines appropriate except that the ,commissioner shall not initiate a review on the basis of income earned by an individual who is a participant in the ,work ,incentive ,benefit ,system established under section #bbc7l74 7,c7 ,reviews of cases which are required or permitted under this paragraph shall be in addition to1 and shall not be considered as a substitute for1 any other reviews which are required or provided for under or in the administration of this title4 2 7,b7 by striking paragraphs 7#b7 and 7#e72 7,c7 by redesignating paragraphs 7#c7 through 7#d7 as paragraphs 7#b7 through 7#c71 respectively2 and 7,d7 in paragraph 7#b71 as so redesignated-- 7i7 by striking ,committee on ,finance and inserting ,committees on ,finance and ,homeland ,security and ,government ,affairs2 7ii7 by striking ,committee on ,ways and ,means and inserting ,committees on ,ways and ,means and ,oversight and ,government ,reform2 7iii7 by striking for reconsideration of such initial termination or2 7iv7 by striking or both12 and 7v7 by striking reconsideration or4 7#b7 ,standard of review for continuing disability reviews 7,a7 ,in general ,section #bbc7;f7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dbc7;f77 is amended-- 7i7 in paragraph 7#d71 by striking the period at the end and inserting 2 or2 7ii7 by inserting after paragraph 7#d7 the following new paragraph3 7#e7 in the case of a continuing disability review under section #bba7;i71 evidence that would be sufficient to support a finding in an initial determination that the individual is not under a disability and is able to engage in substantial gainful activity4 2 and 7iii7 by inserting 1 except that1 in the case of a continuing disability review under section #bba7;i71 the ,commissioner shall not consider the fact that an individual is engaged in substantial gainful work as part of the ,work ,incentive ,benefit ,system established under subsection 7l7 as evidence that the individual is able to engage in substantial gainful activity after secured by the ,commissioner of ,social ,security4 7,b7 ,conforming amendment to definition of disability ,section #bbc7;d77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dbc7;d77#b7 is amended-- 7i7 in subparagraph 7,a71 by striking ,an individual and inserting ,subject to subparagraph 7,d71 an individual 7ii7 by adding at the end the following new subparagraph3 7,d7 ,in the case of a continuing disability review under section #bba7;i71 an individual may be found to be under a disability even though the individual is engaged in substantial gainful work as part of the ,work ,incentive ,benefit ,system established under subsection 7l74 4 7c7 ,time-,limiting disability benefits for ,,mie individuals ,section #bbc of the ,social ,security ,act 7#db ,u4,s4,c4 #dbc7 is amended-- 7#a7 in subsection 7a77#a71 as amended by section #aja7;b77#b71 in the flush language after and below subparagraph 7,e71 by striking subsection 7e7 and inserting subsections 7e7 and 7k72 and 7#b7 by adding at the end the following3 7k7 ,time-limited disability benefits 7#a7 ,in the case of an individual who files an application for disability insurance benefits under this section or for monthly benefits under section #bjb by reason of being under a disability for any month that begins on or after the date that is #a year after the date of the enactment of the ,protecting ,social ,security ,disability ,act of #bjad1 is determined to be under a disability1 and is classified by the ,commissioner of ,social ,security as medical improvement expected1 the termination month applicable to the individual shall be the #ceth month following the first month after the individual's waiting period 7as defined in subsection 7c77#b774 7#b7 7,a7 7i7 ,for purposes of this paragraph1 the term timely reapplication means an application for disability insurance benefits under this section or for monthly benefits under section #bjb by reason of being under a disability that is submitted-- 7,i7 by an individual who is a recipient of such benefits2 and 7,,ii7 during the period that is #ad months before the end of the termination month applicable 7or most recently applicable7 to the individual under paragraph 7#a7 as of the date of such application and ending with the date that is #ab months before the end of such termination month4 7ii7 ,notwithstanding clause 7i71 the ,commissioner of ,social ,security may deem an application for disability insurance benefits under this section or for monthly benefits under section #bjb by reason of being under a disability submitted by an individual who is a recipient of such benefits that is submitted after the period described in clause 7i77,,ii7 to be a timely reapplication if-- 7,i7 the individual can show good cause for why the application was not submitted during such period2 and 7,,ii7 the application is submitted not later than #f months before the end of the termination month applicable 7or most recently applicable7 to the individual under paragraph 7#a7 as of the date of such application4 7,b7 7i7 ,an individual who submits a timely reapplication and who is determined to be under a disability shall be deemed to have satisfied the waiting period applicable under subsection 7c77#b74 7ii7 7,i7 ,if the ,commissioner of ,social ,security fails to make an initial determination with respect to the timely reapplication of an individual who is a recipient of disability insurance benefits under this section or monthly benefits under section #bjb by reason of being under a disability before the end of the termination month applicable to the individual as of the date of such reapplication1 such individual shall continue to be entitled to such benefits until an initial determination with respect to such timely reapplication is made4 7,,ii7 ,if the ,commissioner of ,social ,security makes an initial adverse determination with respect to the timely reapplication of an individual who is a recipient of disability insurance benefits under this section or monthly benefits under section #bjb by reason of being under a disability and such individual files a timely request for a hearing under section #bba7;d71 such individual may elect to have the payment of such benefits 7as well as any other benefits payable under this title or title ,,xviii on the basis of such individual's entitlement to such benefits7 continue in the same manner and subject to the same conditions as an election made under subsection 7g74 7,c7 ,for purposes of reviewing a timely reapplication submitted by an individual who is a recipient of disability insurance benefits under this section or monthly benefits under section #bjb by reason of being under a disability-- 7i7 the fact that the individual was previously found to be under a disability shall have no evidentiary weight2 and 7ii7 subsection 7f7 shall not apply4 4 7d7 ,regulations ,the ,commissioner of ,social ,security shall promulgate or revise1 as appropriate1 regulations relating to the determination1 classification1 and review of the disability status of individuals who apply for or receive disability insurance benefits under title ,,ii of the ,social ,security ,act and related provisions of the ,social ,security ,administration ,programs ,operations ,manual 7,,poms7 to carry out subsection 7a7 and the amendments made by subsection 7b74 #ajc4 ,adjustment of age criteria for social security disability insurance medical-vocational guidelines2 consideration of work which exists in the national economy 7a7 ,in general 7#a7 ,age criteria ,notwithstanding ,appendix #b to ,subpart ,p of ,part #djd of title #bj1 ,code of ,federal ,regulations1 with respect to disability determinations or reviews made on or after the date that is #a year after the date of the enactment of this ,act1 age shall not be considered as a vocational factor for any individual who has not attained the age that is #ab years less than the retirement age for such individual 7as defined in section #baf7l77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #daf7l774 7#b7 ,work which exists in the national economy ,with respect to disability determinations or reviews made on or after the date of the enactment of this ,act1 in determining whether an individual is able to engage in any work which exists in the national economy 7as defined in section #bbc7;d77#b77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dbc7;d77#b77;,a771 the ,commissioner of ,social ,security shall consider the share and ages of individuals currently participating in the labor force and the number and types of jobs available in the current economy4 7b7 ,updating data on work which exists in national economy ,not later than #b years after the date of the enactment of this ,act1 and every year thereafter1 the ,commissioner of ,social ,security shall update the data used by the ,commissioner to determine the jobs which exist in the national economy to ensure that such data reflects the full range of work which exists in the national economy1 including newly-created jobs in emerging industries4 #ajd4 ,mandatory collection of negotiated civil monetary penalties ,section #aabi7;i77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;a-#h7;i77#b77 is amended by inserting and shall delegate authority for collecting civil money penalties and assessments negotiated under this section to the ,inspector ,general before the period4 #aje4 ,required electronic filing of wage withholding returns 7a7 ,in general ,paragraph 7#b7 of section #fjaa7;e7 of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by redesignating subparagraphs 7,a7 and 7,b7 as subparagraphs 7,b7 and 7,c71 respectively1 7#b7 by inserting before subparagraph 7,b71 as so redesignated1 the following new subparagraph3 7,a7 shall-- 7i7 require any person that is required to file a return containing information described in section #fjea7;a7 to file such return on magnetic media1 and 7ii7 provide for waiver of the requirements of clause 7i7 in the case of demonstrated hardship for-- 7,i7 for any period before ,january #a1 #bjbj1 a person having #be or fewer employees1 and 7,,ii7 for any period after ,december #ca1 #bjai1 a person having #e or fewer employees1 1 and 7#c7 by inserting except as provided in subparagraph 7,a71 before shall not require in subparagraph 7,b71 as so redesignated4 7b7 ,conforming amendment ,paragraph 7#d7 of section #fjaa7;e7 of the ,internal ,revenue ,code of #aihf is amended by striking paragraph 7#b77;,a7 and inserting paragraph 7#b77;,b74 7c7 ,effective date ,the amendments made by this section shall apply to returns filed after ,december #ca1 #bjaf4 ,,ii ,program integrity3 ,reforming standards and procedures for disability hearings1 medical evidence1 and claimant representatives #bja4 ,elimination of reconsideration review level for an initial adverse determination of an application for disability insurance benefits 7a7 ,in general ,section #bje7;b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dje7;b77 is amended-- 7#a7 in paragraph 7#b71 by striking ,in any and inserting ,subject to paragraph 7#d71 in any2 and 7#b7 by adding at the end the following3 7#d7 ,any review of an initial adverse determination with respect to an application for disability insurance benefits under section #bbc or for monthly benefits under section #bjb by reason of being under a disability shall only be made before an administrative law judge in a hearing under paragraph 7#a74 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply to initial adverse determinations on applications for disability insurance benefits under title ,,ii of the ,social ,security ,act made after the date of the enactment of this ,act4 #bjb4 ,deadline for submission of medical evidence2 exclusion of certain medical evidence 7a7 ,closing of record for submission of medical evidence ,section #bje7;b77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dje7;b77#a77 is amended-- 7#a7 by striking ,the ,commissioner of ,social ,security is directed and inserting-- 7,a7 ,the ,commissioner of ,social ,security is directed 2 and 7#b7 by adding at the end the following new subparagraph3 7,b7 7i7 ,notwithstanding the last sentence of subparagraph 7,a71 in the case of a hearing before an administrative law judge to determine if an individual is under a disability 7as defined in section #bbc7;d77 or a review of such a determination before the ,appeals ,council of the ,office of ,appellate ,operations of the ,social ,security ,administration1 medical evidence 7other than the evidence already in the record7 shall not be received if the evidence is submitted less than #e days prior to the date on which the hearing is held unless the individual can show that the evidence is material and there is good cause for the failure to submit it before the deadline1 but in no case shall medical evidence be received if it is-- 7,i7 based on information obtained during the period that begins after a determination is made by an administrative law judge2 or 7,,ii7 submitted more than #a year after a determination is made by an administrative law judge4 7ii7 ,at the request of an individual applying for benefits under this title1 such individual's representative1 or a disability hearing attorney 7as defined in section #bjc7;a7 of the ,protecting ,social ,security ,disability ,act of #bjad71 and for the purpose of completing the record1 an administrative law judge may postpone a hearing to determine if the individual is under a disability 7as so defined7 to a date that is no more than #cj days after the date for which the hearing was originally scheduled if-- 7,i7 the request is made no less than #g days prior to the date for which the hearing was originally scheduled2 and 7,,ii7 the party making the request shows good cause for why the hearing should be postponed4 4 7b7 ,exclusion of medical evidence that is not submitted in its entirety or furnished by a licensed practitioner ,section #bbc7;d77#e7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dbc7;d77#e77 is amended-- 7#a7 in subparagraph 7,b71 by striking ,in and inserting ,subject to subparagraphs 7,c7 and 7,d71 in2 and 7#b7 by adding at the end the following new subparagraphs3 7,c7 7i7 ,an individual and1 if applicable1 such individual's representative shall submit1 in its entirety and without redaction1 all relevant medical evidence known to the individual or the representative to the ,commissioner of ,social ,security4 7ii7 ,in the case of a hearing before an administrative law judge to determine if an individual is under a disability 7as defined in paragraph 7#a771 the ,commissioner of ,social ,security shall not consider any piece of medical evidence furnished by an individual or such individual's representative unless such individual and1 if applicable1 such individual's representative1 certifies at the hearing that all relevant medical evidence has been submitted in its entirety and without redaction4 7iii7 ,for purposes of this subparagraph1 the term relevant medical evidence means any medical evidence relating to the individual's claimed physical or mental impairments that the ,commissioner of ,social ,security should consider to determine whether the individual is under a disability1 regardless of whether such evidence is favorable or unfavorable to the individual's case1 but shall not include any oral or written communication or other document exchanged between the individual and such individual's attorney representative that are subject to attorney-client privilege or work product doctrine1 unless the individual voluntarily discloses such communication to the ,commissioner4 ,neither the attorney-client privilege nor the work product doctrine shall prevent from disclosure medical evidence1 medical source opinions1 or any other factual matter that the ,commissioner may consider in determining whether or not the individual is entitled to benefits4 7iv7 ,any individual or representative who knowingly violates this subparagraph shall be guilty of making a false statement or representation of material fact1 shall be subject to civil and criminal penalties under sections #bjh and #aabi1 and1 in the case of a representative1 shall be suspended or disqualified from appearing before the ,social ,security ,administration4 7,d7 ,the ,commissioner of ,social ,security shall not consider any evidence furnished by a physician or health care practitioner who is not licensed1 has been sanctioned1 or is under investigation for ethical misconduct4 4 7c7 ,effective date ,the amendments made by this section shall take effect on the date of the enactment of this ,act1 and shall apply to applications for disability insurance benefits filed on or after that date4 #bjc4 ,non-adversarial disability hearing attorneys 7a7 ,in general 7#a7 ,establishment ,the ,commissioner of ,social ,security shall establish disability hearing attorney positions within the ,office of ,appellate ,operations of the ,social ,security ,administration for the purpose of improving the quality1 timeliness1 and consistency of disability determinations by administrative law judges as described in this section4 ,the ,commissioner shall hire and employ such attorneys and other personnel as are necessary to carry out the responsibilities of disability hearing attorneys1 as described in subsection 7b74 7#b7 ,definition ,for purposes of this section1 the term disability hearing attorney means an attorney employed under this section4 7b7 ,assignment of cases2 responsibilities of disability hearing attorneys 7#a7 ,assignment of cases ,each case that is scheduled for a hearing to determine if an individual is under a disability 7as defined in section #bbc7;d7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dbc7;d77 shall be assigned to a disability hearing attorney as soon as practicable4 7#b7 ,responsibilities of disability hearing attorneys ,the disability hearing attorney assigned to a case under paragraph 7#a7 shall-- 7,a7 develop the evidentiary record1 and1 if necessary1 work with the officials that made the initial determination that the individual was not under a disability to understand why such determination was made2 7,b7 in cases where the individual has representation1 work with the representative to ensure that the record is complete prior to the hearing1 and examine witnesses and present evidence to the administrative law judge during the hearing2 7,c7 prior to the hearing1 if the attorney finds that the evidence clearly establishes that the individual is under a disability1 recommend that the administrative law judge make a determination that the individual is under a disability without requiring a hearing2 and 7,d7 after the hearing1 if the attorney finds that the evidence clearly does not support the determination of the administrative law judge that the individual is disabled1 recommend to the ,appeals ,council of the ,office of ,appellate ,operations of the ,social ,security ,administration that the ,appeals ,council review the determination on its own motion4 7c7 ,qualifications and training ,the ,commissioner of ,social ,security shall ensure that disability hearing attorneys employed under this section are appropriately qualified and trained to understand relevant medical1 vocational1 and legal issues4 #bjd4 ,procedural rules for hearings 7a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,commissioner of ,social ,security shall establish and make available to the public procedural rules for hearings to determine whether or not an individual is entitled to disability insurance benefits under title ,,ii of the ,social ,security ,act 7#db ,u4,s4,c4 #dja et seq474 ,these rules shall include those established in this ,act as well as-- 7#a7 rules and procedures for motions and requests2 7#b7 rules related to the representation of individuals in such a hearing1 such as the qualifications and standards of conduct required of representatives2 7#c7 rules and procedures for the submission of evidence2 7#d7 rules related to the closure of the record2 and 7#e7 rules and procedures for imposing sanctions on parties for failing to comply with hearing rules4 7b7 ,authority of administrative law judges ,to sanction claimant representatives ,section #bjf7;a77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #djf7;a77#a77 is amended by inserting after the fifth sentence the following3 ,the ,commissioner of ,social ,security shall establish rules under which an administrative law judge may impose fines and other sanctions the ,commissioner determines to be appropriate on a representative for failure to follow the ,commissioner's rules and regulations4 7c7 ,effective date ,any rules adopted pursuant to this section or the amendment made thereby shall take effect on the date that is #f months after the date of their publication and shall apply to hearings held on or after that date4 #bje4 ,prohibiting attorneys who have relinquished a license to practice in the face of an ethics investigation from serving as a claimant representative ,section #bjf7;a77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #djf7;a77#a771 as amended by section #bjd7;b71 is further amended-- 7#a7 in the first sentence1 by inserting 1 and1 in cases where compensation is sought for services as a representative1 shall before prescribe2 7#b7 in the second sentence1 by striking ,federal courts1 and inserting ,federal courts and certifies to the ,commissioner that such attorney has never 7,a7 been disbarred or suspended from any court or bar to which such attorney was previously admitted to practice or disqualified from participating in or appearing before any ,federal program or agency1 or 7,b7 relinquished a license to practice in1 participate in1 or appear before any court1 bar1 or ,federal program or agency in connection with a settlement of an investigation into ethical misconduct12 and 7#c7 in the third sentence-- 7,a7 by striking may each place it appears and inserting shall2 7,b7 by striking or who has been disqualified from participating in or appearing before any ,federal program or agency and inserting 1 who has been disqualified from participating in or appearing before any ,federal program or agency1 or who has voluntarily relinquished a license to practice in1 participate in1 or appear before any court1 bar1 or ,federal program or agency in settlement of an investigation into ethical misconduct2 and 7,c7 by inserting or who has voluntarily relinquished a license to practice in any court or bar in settlement of an investigation into ethical misconduct before the period4 #bjf4 ,applying judicial code of conduct to administrative law judges 7a7 ,in general ,section #caje of title #e1 ,united ,states ,code1 is amended-- 7#a7 by striking ,each agency and inserting 7a7 ,each agency 2 and 7#b7 by adding at the end the following3 7b7 ,the ,code of ,conduct for ,united ,states ,judges adopted by the ,judicial ,conference of the ,united ,states shall apply to administrative law judges appointed under this section4 7c7 ,if1 in applying a standard of conduct to an administrative law judge appointed under this section1 there is a conflict between the ,code of ,conduct for ,united ,states ,judges and any other law or regulation1 the stricter standard of conduct shall apply4 7d7 ,pursuant to section #gcja1 the ,president may issue such regulations as may be necessary to carry out subsections 7b7 and 7c74 4 7b7 ,limitation on regulatory authority ,section #acje of title #e1 ,united ,states ,code1 is amended by striking #caje and inserting #caje7;a74 #bjg4 ,evaluating medical evidence 7a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,commissioner of ,social ,security shall ensure that all administrative law judges within the ,office of ,disability ,adjudication and ,review of the ,social ,security ,administration receive training on how to appropriately evaluate and weigh medical evidence provided by medical professionals4 7b7 ,opinion evidence ,section #bbc7;d77#e77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dbc7;d77#e77;,b771 as amended by section #bjb7;b71 is further amended by adding at the end the following new sentences3 ,in weighing medical evidence1 the ,commissioner of ,social ,security may assign greater weight to certain opinion evidence supplied by an individual's treating physician 7or other treating health care provider7 than to opinion evidence obtained from another source1 but in no circumstance shall opinion evidence from any source be given controlling weight4 7c7 ,health care providers supplying consultative exams 7#a7 ,in general ,beginning #a year after the date of enactment of this ,act1 in determining whether an individual applying for disability insurance benefits under title ,,ii of the ,social ,security ,act is disabled1 the ,commissioner of ,social ,security shall not consider medical evidence resulting from a consultative exam with a health care provider conducted for the purpose of supporting the individual's application unless the evidence is accompanied by a ,medical ,consultant ,acknowledgment ,form signed by the health care provider who conducted the exam4 7#b7 ,medical ,consultant ,acknowledgment ,form 7,a7 ,definition ,as used in this subsection1 the term ,medical ,consultant ,acknowledgment ,form means a form published by the ,commissioner of ,social ,security that meets the requirements of subparagraph 7,b74 7,b7 ,requirements ,the ,commissioner of ,social ,security shall develop the ,medical ,consultant ,acknowledgment ,form and make it available to the public not later than #f months after the date of enactment of this ,act4 ,the contents of the ,medical ,consultant ,acknowledgment ,form shall include-- 7i7 information on how medical evidence is used in disability determinations2 7ii7 instructions on completing a residual functional capacity form2 7iii7 information on the legal and ethical obligations of a health care provider who supplies medical evidence for use in a disability determination1 including any civil or criminal penalties that may be imposed on a health care provider who supplies medical evidence for use in a disability determination2 and 7iv7 a statement that the signatory has read and understands the contents of the form4 7#c7 ,penalties for fraud ,in addition to any other penalties that may be prescribed by law1 any individual who forges a signature on a ,medical ,consultant ,acknowledgment ,form submitted to the ,commissioner of ,social ,security shall be guilty of making a false statement or representation of material fact1 and upon conviction shall be subject to civil and criminal penalties under sections #bjh and #aabi of the ,social ,security ,act and1 in the case of a representative1 shall be suspended or disqualified from appearing before the ,social ,security ,administration4 7d7 ,symptom validity tests 7#a7 ,in general ,for purposes of evaluating the credibility of an individual's medical evidence1 an administrative law judge responsible for conducting a hearing to determine whether an individual applying for disability insurance benefits under title ,,ii of the ,social ,security ,act or for monthly benefits under section #bjb of such ,act by reason of a disability may require the individual to undergo a symptom validity test either prior to or after the hearing4 7#b7 ,weight given to ,s,v,ts ,an administrative law judge may only consider the results of a symptom validity test as a part of an individual's entire medical history and shall not give controlling weight to such results4 7e7 ,evidence obtained from publicly available social media ,for purposes of evaluating the credibility of an individual's medical evidence1 an administrative law judge responsible for conducting a hearing to determine whether an individual applying for disability insurance benefits under title ,,ii of the ,social ,security ,act is disabled shall be permitted to consider information about the individual obtained from publicly available social media4 7f7 ,regulations related to evaluating medical evidence ,not later than #a year after the date of enactment of this ,act1 the ,commissioner of ,social ,security shall promulgate rules and regulations to carry out the purposes of this section1 including regulations relating to when it is appropriate for an administrative law judge to order a symptom validity test or to consider evidence obtained from publicly available social media4 #bjh4 ,reforming fees paid to attorneys and other claimant representatives 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,commissioner of ,social ,security shall establish rules and regulations relating to the fees payable to representatives of individuals claiming entitlement to disability insurance benefits under title ,,ii of the ,social ,security ,act 7#db ,u4,s4,c4 #dja et seq474 ,such rules and regulations shall-- 7#a7 require representatives to account for the work performed with respect to a case1 whether or not there is a valid fee agreement between the representative and the individual2 and 7#b7 prohibit a representative from being reimbursed by the ,social ,security ,administration for travel expenses related to a case4 7b7 ,review of highest-,earning claimant representatives 7#a7 ,review ,not later than #a year after the date of enactment of this ,act and annually thereafter1 the ,inspector ,general of the ,social ,security ,administration shall conduct a review of the practices of a sample of the highest-earning claimant representatives to ensure compliance with the policies of the ,social ,security ,administration4 ,in reviewing representative practices1 the ,inspector ,general shall look for suspicious practices1 including-- 7,a7 repetitive language in residual functional capacity forms2 7,b7 irregularities in the licensing history of medical professionals providing medical opinions in support of a claimant's application2 and 7,c7 a disproportionately high number of appearances by a representative before the same administrative law judge4 7#b7 ,report ,not later than ,december #a of each year in which a review described in paragraph 7#a7 is conducted1 the ,inspector ,general of the ,social ,security ,administration shall submit a report containing the results of such review1 together with any recommendations for administrative action or proposed legislation that the ,inspector ,general determines appropriate1 to the ,committees on ,finance and ,homeland ,security and ,government ,affairs of the ,senate and the ,committees on ,ways and ,means and ,oversight and ,government ,reform of the ,house of ,representatives4 7c7 ,applicability of the ,equal ,access to ,justice ,act ,section #bje of the ,social ,security ,act 7#db ,u4,s4,c4 #dje7 is amended by adding at the end the following new subsection3 7v7 ,sections #ejd of title #e and #bdab of title #bh1 ,united ,states ,code 7commonly known as the ,equal ,access to ,justice ,act71 shall not apply to-- 7#a7 any review under this title of a determination of disability made by the ,commissioner of ,social ,security2 or 7#b7 if new evidence is submitted by an individual after a hearing to determine whether or not the individual is under a disability1 judicial review of a final determination of disability under subsection 7g7 of this section4 4 #bji4 ,strengthening the administrative law judge quality review process 7a7 ,in general 7#a7 ,review ,not later than #a year after the date of enactment of this ,act and annually thereafter1 the ,division of ,quality of the ,office of ,appellate ,operations of the ,social ,security ,administration shall conduct a review of a sample of determinations that individuals are entitled to disability insurance benefits by outlier administrative law judges and identify any determinations that are not supported by the evidence4 7#b7 ,report ,not later than ,december #a of each year in which a review described in paragraph 7#a7 is conducted1 the ,division of ,quality ,review of the ,office of ,appellate ,operations of the ,social ,security ,administration shall submit a report containing the results of such review1 including all determinations that were found to be unsupported by the evidence1 together with any recommendations for administrative action or proposed legislation that the ,division determines appropriate1 to-- 7,a7 the ,inspector ,general of the ,social ,security ,administration2 7,b7 the ,commissioner of the ,social ,security ,administration2 7,c7 the ,committees on ,ways and ,means and ,oversight and ,government ,reform of the ,house of the ,representatives2 and 7,d7 the ,committees on ,finance and ,homeland ,security and ,government ,affairs of the ,senate4 7#c7 ,definition of outlier administrative law judge ,for purposes of this subsection1 the term outlier administrative law judge means an administrative law judge within the ,office of ,disability ,adjudication and ,review of the ,social ,security ,administration who1 in a given year-- 7,a7 issues more than #gjj decisions2 and 7,b7 determines that the applicant is entitled to disability insurance benefits in not less than #he percent of cases4 7b7 ,mandatory continuing disability review 7#a7 ,in general ,the ,commissioner of ,social ,security shall ensure that1 not less than #f months after receiving a report described in subsection 7a77#b71 every determination of entitlement found to be unsupported by the evidence is in the process of being reviewed under section #bba7;i77#a77;,b7 of the ,social ,security ,act 7as amended by section #ajb7;b77#a774 7#b7 ,conforming amendment ,section #bba7;i77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dba7;i77#a771 as amended by section #ajb7;b77#a71 is further amended in subparagraph 7,c7 by inserting or under section #bji7;b7 of the ,protecting ,social ,security ,disability ,act of #bjad before the period4 #baj4 ,permitting data matching by ,inspectors ,general ,clause 7ix7 of section #eeb;a7a77#h77;,b7 of title #e1 ,united ,states ,code1 is amended by striking the ,secretary of ,health and ,human ,services or the ,inspector ,general of the ,department of ,health and ,human ,services and inserting the ,inspector ,general of an agency1 or an agency in coordination with an ,inspector ,general4 #baa4 ,accounting for ,social ,security ,program ,integrity ,spending ,amounts made available for ,social ,security program integrity spending by the ,social ,security ,administration for a fiscal year shall be-- 7#a7 included in a separate account within the ,federal budget2 and 7#b7 funded in a separate account in the appropriate annual appropriations bill4 #bab4 ,use of the ,national ,directory of ,new ,hires ,beginning with the date that is #a year after the date of the enactment of this ,act1 the ,commissioner of ,social ,security shall consult the ,national ,directory of ,new ,hires established under section #dec7;i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fec7;i77 in determining whether any individual who submits an application or reapplication for disability insurance benefits under title ,,ii of the ,social ,security ,act or for monthly benefits under section #bjb of such ,act by reason of a disability is able to engage in substantial gainful activity4 ,,iii ,providing support for working disabled ,americans #cja4 ,establishment of ,work ,incentive ,benefit ,system 7a7 ,elimination of the ,ticket to ,work and ,self-,sufficiency ,program 7#a7 ,in general ,part ,a of title ,,xi of the ,social ,security ,act 7#db ,u4,s4,c4 #acja et seq47 is amended by striking section #aadh4 7#b7 ,conforming amendments 7,a7 ,section #bbe7;b77#a7 of such ,act is amended by striking consisting of the ,ticket to ,work and ,self-,sufficiency ,program under section #aadh or another program4 7,b7 ,section #afca7;a77#f77;,a7 of such ,act is amended by striking consisting of the ,ticket to ,work and ,self-,sufficiency ,program under section #aadh or another program4 7,c7 ,section #afcc7;c7 of such ,act is amended by striking paragraph 7#b74 7b7 ,establishment of the ,work ,incentive ,benefit ,system 7#a7 ,in general ,section #bbc of the ,social ,security ,act 7#db ,u4,s4,c4 #dbc71 as amended by section #ajb7;c71 is further amended-- 7,a7 in subsection 7a77#b71 by striking section #bjb7q7 and section #bae7;b77#b77;,a77ii7 and inserting subsection 7l7 and sections #bjb7q7 and #bae7;b77#b77;,a77ii72 and 7,b7 by adding at the end the following new subsection3 7l7 ,work ,incentive ,benefit ,system 7#a7 ,the ,commissioner shall establish a ,work ,incentive ,benefit ,system in accordance with the provisions of this subsection1 pursuant to which an eligible individual entitled to a disability insurance benefit under this section may elect to return to employment and receive an adjusted disability insurance benefit amount 7as determined pursuant to paragraph 7#c774 7#b7 7,a7 ,for purposes of this subsection1 the term eligible individual means an individual who has been entitled to a disability insurance benefit for period of not less than #i months preceding participation in the ,work ,incentive ,benefit ,system4 7,b7 ,participation by an eligible individual in the ,work ,incentive ,benefit ,system shall be suspended if such individual has no reported wages or self-employment income for the #d preceding calendar quarters 7as defined in section #bac7;a77#a774 7#c7 7,a7 ,for purposes of subsection 7a77#b71 the amount of the disability insurance benefit provided to an eligible individual who is participating in the ,work ,incentive ,benefit ,system for any month shall be equal to-- 7i7 in the case of an individual who has average monthly earnings 7as determined under subparagraph 7,b77 equal to or less than #ej1 the amount otherwise applicable under subsection 7a77#b71 or 7ii7 in the case of an individual who has average monthly earnings greater than #ej1 an amount equal to the sum of-- 7,i7 an amount 7not less than zero7 equal to-- 7aa7 the enhanced benefit amount 7as determined under subparagraph 7,c77 for such individual1 minus 7bb7 the quotient obtained by dividing the average monthly earnings for such individual by #c1 and 7,,ii7 the work incentive adjustment amount 7as determined under subparagraph 7,d77 for such individual4 7,b7 7i7 ,the average monthly earnings for an eligible individual shall be equal to the quotient of-- 7,i7 the total amount of wages and self-employment income for such individual in any eligible months during the #b calendar quarters 7as defined in section #bac7;a77#a77 that precede the most recently completed calendar quarter1 divided by 7,,ii7 the total number of eligible months during such #b calendar quarter period4 7ii7 ,for purposes of clause 7i71 the term eligible month means any month subsequent to the month in which an eligible individual became entitled to a disability insurance benefit4 7,c7 ,the enhanced benefit amount for an eligible individual shall be equal to #ajf4g percent of the primary insurance amount for such month for such individual4 7,d7 7i7 ,the work incentive adjustment amount for an eligible individual shall be equal to the product of the average monthly earnings for such individual multiplied by the applicable work incentive subsidy rate 7as determined in accordance with the table under clause 7iii71 based on the applicable work incentive step for such individual74 7ii7 ,for purposes of the table under clause 7iii71 the work incentive step for an eligible individual shall be equal to the quotient obtained by dividing-- 7,i7 the average monthly earnings for such individual1 by 7,,ii7 an amount equal to the quotient obtained by dividing the primary insurance amount for such month for such individual by #e4 7iii7 ,the work incentive subsidy rate shall be determined by linear interpolation between the amounts established under the following table3 ,work ,incentive ,step,work ,incentive ,subsidy ,rate#jaaj4hbj4fcj4ddj4bejfj4bgj4cehj4ci ij4ceajj4caaj4beabj4ahacj4abeadj4jhaej4j dafj4jaagj4 7#d7 ,for purposes of paragraph 7#c77;,b71 wages and self-employment income of an individual shall be determined based on relevant information for such individual as provided by the ,state agency responsible for the administration of ,state unemployment compensation law4 7#e7 ,for purposes of an eligible individual who is participating in the ,work ,incentive ,benefit ,system under this subsection1 any services performed or earnings derived from services during the period of such participation shall not be considered for purposes of demonstrating an individual's ability to engage in substantial gainful activity under subsection 7d77#d7 and shall not be considered substantial gainful activity for purposes of subsection 7e74 7#f7 ,for purposes of this title1 the disability insurance benefit received by an eligible individual under this subsection shall not be applied for purposes of determining any monthly benefits payable to any other individuals entitled to benefits for any month based on the wages and self-employment income of such individual4 4 7c7 ,program savings 7#a7 ,in general ,for each calendar year after #bjae1 the ,commissioner of ,social ,security shall determine if1 as a result of the repeal of the ,ticket to ,work and ,self-,sufficiency ,program under section #aadh of the ,social ,security ,act and the establishment the ,work ,incentive ,benefit ,system under section #bbc7l7 of such ,act1 the total amount of expenditures from the ,trust ,funds 7as defined under section #bja7;c7 of such ,act7 for payment of disability insurance benefits pursuant to section #bbc of such ,act has been reduced4 7#b7 ,sharing of savings ,the ,commissioner of ,social ,security shall1 by regulations1 establish a program to provide payments to organizations providing vocational rehabilitation services to eligible individuals 7as defined under section #bbc7l77#b7 of the ,social ,security ,act7 from any amounts determined to be saved under the ,work ,incentive ,benefit ,system1 as determined pursuant to paragraph 7#a74 ,the amount of any payments made to an organization providing vocational rehabilitation services to an eligible individual shall be adjusted based on the disability classification of such individual1 with increased amounts to be provided for eligible individuals with a lower expectation of medical improvement4 7d7 ,effective date ,the amendments made by this section shall apply to benefits payable for months beginning after ,june #cj1 #bjaf4 #cjb4 ,early-,intervention demonstration project2 study on payroll tax reductions 7a7 ,targeted early-,intervention demonstration project 7#a7 ,in general 7,a7 ,establishment ,the ,commissioner shall conduct a demonstration project designed to examine the effectiveness of providing targeted early-intervention support to eligible individuals4 7,b7 ,vocational rehabilitation services ,the ,commissioner shall coordinate with ,state vocational rehabilitation agencies to provide eligible individuals who elect to participate in the demonstration project with vocational rehabilitation services4 7,c7 ,other benefits ,in addition to the vocational rehabilitation services described in subparagraph 7,b71 the ,commissioner shall provide eligible individuals who elect to participate in the demonstration project with a package of benefits that may include-- 7i7 health care subsidies2 7ii7 wage subsidies2 and 7iii7 cash stipends4 7,d7 ,suspension of eligibility for disability assistance ,an eligible individual who elects to participate in the demonstration project shall not be eligible for disability assistance for as long as the individual receives assistance through the demonstration project1 and in no case shall an eligible individual who elects to participate in the demonstration project be eligible for disability assistance during the #a year period that begins on the date that the individual first receives assistance through the demonstration project4 7,e7 ,participation voluntary ,the option to participate in the demonstration project conducted under this subsection shall be voluntary1 and the designation of an applicant for disability assistance as an eligible individual shall not preclude such applicant from electing to receive disability insurance rather than participate in the demonstration project4 7#b7 ,identifying eligible individuals 7,a7 ,in general ,the ,commissioner shall identify eligible individuals from among applicants for disability assistance whose applications have not been processed yet4 7,b7 ,eligibility standards ,the ,commissioner shall only identify an applicant for disability assistance as an eligible individual if the ,commissioner finds that-- 7i7 it is highly probable that the applicant will be determined to be eligible disability assistance2 and 7ii7 the applicant could1 with the help of assistance provided under the demonstration project1 engage in substantial gainful activity4 7#c7 ,scope 7,a7 ,in general ,the demonstration project shall be of sufficient scope and shall be carried out on a wide enough scale to permit a thorough evaluation of the provision of targeted early-intervention support under consideration while giving assurance that the results derived from the demonstration project will obtain generally in the operation of the disability insurance program under title ,,ii of the ,social ,security ,act 7#db ,u4,s4,c4 #dja et seq47 without committing such program to the adoption of any particular system either locally or nationally4 7,b7 ,authority to expand scope ,the ,commissioner may expand the scope of the demonstration project to include any group of applicants for disability assistance with impairments that reasonably may be presumed to be disabling for purposes of the demonstration project1 and may limit any such demonstration project to any such group of applicants1 subject to the terms of such demonstration project which shall define the extent of any such presumption4 7,c7 ,duration ,the demonstration project shall be implemented not later than ,january #a1 #bjaf1 and shall be conducted for a period of #e years4 7#d7 ,reports 7,a7 ,interim reports ,on or before ,june #a of each year that begins after #bjaf1 the ,commissioner shall submit to the ,committee on ,ways and ,means of the ,house of ,representatives and to the ,committee on ,finance of the ,senate an annual interim report on the progress of the demonstration project together with any related data and materials that the ,commissioner may consider appropriate4 7,b7 ,final report ,not later than #ij days after the termination of the demonstration project1 the ,commissioner shall submit to the ,committee on ,ways and ,means of the ,house of ,representatives and to the ,committee on ,finance of the ,senate a final report with respect to the demonstration project4 7,c7 ,,gao evaluation and report ,the ,comptroller ,general of the ,united ,states shall-- 7i7 perform an evaluation of the implementation of and results achieved by the demonstration project2 and 7ii7 not later than ,january #a1 #bjbj1 submit to ,congress a report on the evaluation described in clause 7i71 including a recommendation as to whether the ,commissioner's authority to conduct the demonstration project should be made permanent4 7#e7 ,definitions ,in this subsection3 7,a7 ,commissioner ,the term ,commissioner means the ,commissioner of ,social ,security4 7,b7 ,demonstration project ,the term demonstration project means the demonstration project conducted under this subsection4 7,c7 ,disability assistance ,the term disability assistance means disability insurance benefits or monthly benefits under section #bjb of the ,social ,security ,act for which eligibility is based on a disability4 7,d7 ,eligible individual ,the term eligible individual means an applicant for disability assistance who has been identified by the ,commissioner under paragraph 7#b74 7b7 ,study on payroll tax reductions for businesses that provide disability support 7#a7 ,in general ,not later than #b years after the date of the enactment of this ,act1 the ,commissioner of ,social ,security shall complete a study to determine whether reducing the rate at which an employer is taxed under subsection 7a7 of section #caaa of the ,internal ,revenue ,code of #aihf in exchange for such employer offering its employees private disability insurance and other disability supports would be an effective means of reducing the rate at which such employees enter the disability insurance program established under title ,,ii of the ,social ,security ,act4 7#b7 ,report ,not later than #ij days after the completion of the study described in paragraph 7#a71 the ,commissioner of ,social security shall submit to the ,committee on ,ways and ,means of the ,house of ,representatives and to the ,committee on ,finance of the ,senate a report on the study that includes detailed analysis of the ,commissioner's findings and recommendations for further legislative or administrative action4