,i #aafth ,,congress #ast ,session ,h4 ,r4 #dhed ,,in ,,the ,,house ,,of ,,representatives ,october #bc1 #bjai,mr4 ,yoho introduced the following bill2 which was referred to the ,committee on ,ways and ,means1 and in addition to the ,committee on ,oversight and ,reform1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend title ,,ii of the ,social ,security ,act to update and improve eligibility criteria for the ,social ,security ,disability ,program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,making ,,di ,work ,for ,all ,americans ,act of #bjai4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,table of contents4 ,title ,i--,administrative ,changes ,sec4 #aja4 ,strengthening the administrative law judge quality review process4 ,sec4 #ajb4 ,applying judicial code of conduct to administrative law judges4 ,sec4 #ajc4 ,compensation for claimant representatives4 ,sec4 #ajd4 ,minimum monthly withholding to recover overpayments4 ,sec4 #aje4 ,disqualification on receipt of disability insurance benefits in a month for which unemployment compensation is received4 ,sec4 #ajf4 ,elimination of reconsideration review application stages4 ,sec4 #ajg4 ,report on hiring new administrative law judges and staff4 ,title ,,ii--,eligibility ,sec4 #bja4 ,updating of medical-vocational guidelines4 ,sec4 #bjb4 ,review of social media activity4 ,sec4 #bjc4 ,updating data on work which exists in national economy4 ,title ,,iii--,continuing ,disability ,reviews ,sec4 #cja4 ,study on impact of medical review standard4 ,sec4 #cjb4 ,additional training relating to ,,mirs exceptions4 ,sec4 #cjc4 ,increased frequency of continuing disability reviews4 ,sec4 #cjd4 ,communication relating to termination of benefits4 ,sec4 #cje4 ,communication relating to reporting requirements4 ,title ,,iv--,benefits ,sec4 #dja4 ,establishment of annual poverty guideline based disability insurance benefits4 ,sec4 #djb4 ,retroactive payment of benefits4 ,sec4 #djc4 ,inclusion of unearned income in determination of substantial gainful activity4 ,i ,administrative ,changes #aja4 ,strengthening the administrative law judge quality review process 7a7 ,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 7b7 ,report ,not later than ,december #a of each year in which a review described in subsection 7a7 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 ,reform of the ,house of ,representatives2 and 7#d7 the ,committees on ,finance and ,homeland ,security and ,governmental ,affairs of the ,senate4 7c7 ,definition of outlier administrative law judge ,for purposes of this section1 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 determines that the applicant is entitled to disability insurance benefits more often than #ij percent1 or less often than #aj percent1 of administrative law judges making determinations under this title2 or 7#b7 issues more decisions than #ij percent1 or less decisions than #aj percent1 of administrative law judges making determinations under this title4 #ajb4 ,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 #ajc4 ,compensation for claimant representatives 7a7 ,in general ,section #bjf of the ,social ,security ,act 7#db ,u4,s4,c4 #djf7 is amended to read as follows3 #bjf4 ,representation of ,claimants 7a7 7#a7 ,the ,commissioner of ,social ,security may prescribe rules and regulations governing the recognition of agents or other persons1 other than attorneys as hereinafter provided1 representing claimants before the ,commissioner of ,social ,security1 and may require of such agents or other persons1 before being recognized as representatives of claimants that they shall show that they are of good character and in good repute1 possessed of the necessary qualifications to enable them to render such claimants valuable service1 and otherwise competent to advise and assist such claimants in the presentation of their cases4 ,an attorney in good standing who is admitted to practice before the highest court of the ,state1 ,territory1 ,district1 or insular possession of his residence or before the ,supreme ,court of the ,united ,states or the inferior ,federal courts1 shall be entitled to represent claimants before the ,commissioner of ,social ,security4 7#b7 ,notwithstanding paragraph 7#a71 the ,commissioner1 after due notice and opportunity for hearing-- 7,a7 may refuse to recognize as a representative1 and may disqualify a representative already recognized1 any attorney who has been disbarred or suspended from any court or bar to which he or she was previously admitted to practice or who has been disqualified from participating in or appearing before any ,federal program or agency1 and 7,b7 may refuse to recognize1 and may disqualify1 as a non-attorney representative any attorney who has been disbarred or suspended from any court or bar to which he or she was previously admitted to practice4 7#c7 ,the ,commissioner of ,social ,security may1 after due notice and opportunity for hearing1 suspend or prohibit from further practice before the ,commissioner any such person1 agent1 or attorney who refuses to comply with the ,commissioner's rules and regulations4 7b7 ,in prescribing the rules and regulations described in subsection 7a71 the ,commissioner of ,social ,security may not prescribe any rules or regulations regarding the permissible fees which may be charged for services performed in connection with any claim before the ,commissioner of ,social ,security under this title or title ,,xvi4 ,in no case shall the ,commissioner certify any amount for payment to any representative out of any benefits payable to a claimant under this title or title ,,xvi4 4 7b7 ,conforming amendments to title ,,xvi ,section #afca7;d77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #achc7;d77#b77 is amended-- 7#a7 by amending subparagraph 7,a7 to read as follows3 7,a7 ,the provisions of section #bjf shall apply to this part to the same extent as they apply in the case of title ,,ii4 2 and 7#b7 by redesignating subparagraph 7,d7 as subparagraph 7,b74 7c7 ,effective date ,the amendments made by this section shall apply with respect to applications for benefits filed on or after ,january #a1 #bjbj4 #ajd4 ,minimum monthly withholding to recover overpayments 7a7 ,in general ,section #bjd7;a77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #djd7;a77#a77 is amended-- 7#a7 by redesignating subparagraph 7,a7 as clause 7i7 of subparagraph 7,a72 7#b7 in subparagraph 7,a77i7 7as so redesignated71 by striking ,with and inserting ,subject to clause 7ii71 with2 and 7#c7 by adding at the end the following3 7ii7 ,if the ,commissioner determines that withholding the full amount of a monthly disability insurance benefit payment to which an individual is otherwise entitled under this title to recover an overpayment pursuant to this section would defeat the purpose of this title1 the ,commissioner may withhold from such payment an amount that is less than such full amount but not less than #aj percent of such full amount4 4 7b7 ,regulations ,the ,commissioner of ,social ,security shall prescribe such regulations and make any conforming changes to regulations as the ,commissioner determines appropriate to carry out the amendments made by this subsection4 7c7 ,effective date ,the amendments made by this subsection shall apply with respect to overpayments made on or after ,january #a1 #bjbj4 #aje4 ,disqualification on receipt of disability insurance benefits in a month for which unemployment compensation is received 7a7 ,in general ,section #bbc7;d77#d7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dbc7;d77#d77 is amended by adding at the end the following3 7,d7 7i7 ,if for any week ending within a month an individual is paid unemployment compensation1 such individual shall be deemed to have engaged in substantial gainful activity for such month4 7ii7 ,for purposes of clause 7i71 the term unemployment compensation means-- 7,i7 regular compensation1 extended compensation1 and additional compensation 7as such terms are defined by section #bje of the ,federal-,state ,extended ,unemployment ,compensation ,act 7#bf ,u4,s4,c4 #ccjd note772 and 7,,ii7 trade readjustment allowance under title ,,ii of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbea et seq474 4 7b7 ,trial work period ,section #bbb7;c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dbb7;c77 is amended by adding at the end the following3 7#f7 7,a7 ,for purposes of this subsection1 an individual shall be deemed to have rendered services in a month if the individual is paid unemployment compensation for any week ending within such month4 7,b7 ,for purposes of subparagraph 7,a71 the term unemployment compensation means-- 7i7 regular compensation1 extended compensation1 and additional compensation 7as such terms are defined by section #bje of the ,federal-,state ,extended ,unemployment ,compensation ,act 7#bf ,u4,s4,c4 #ccjd note772 and 7ii7 trade readjustment allowance under title ,,ii of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbea et seq474 4 7c7 ,data matching ,the ,commissioner of ,social ,security shall implement the amendments made by this section using appropriate electronic data4 7d7 ,effective date ,the amendments made by this section shall apply with respect to individuals who initially apply for disability insurance benefits on or after ,january #a1 #bjbj1 and are paid unemployment compensation for any week ending on or after ,january #a1 #bjbj4 #ajf4 ,elimination of reconsideration review application stages 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#a71 by adding at the end the following new sentence3 ,opportunity for a hearing under this title in accordance with this subsection with respect to any initial decision or determination under this title shall be available without any requirement for intervening reconsideration42 7#b7 by striking paragraph 7#b72 7#c7 by redesignating paragraph 7#c7 as paragraph 7#b72 and 7#d7 in paragraph 7#b7 7as so redesignated71 by striking or an adverse determination on reconsideration of such an initial determination4 7b7 ,conforming amendments ,title ,,ii of such ,act 7#db ,u4,s4,c4 #dja et seq471 as amended by subsection 7a71 is further amended-- 7#a7 in section #bja7;j71 by striking reconsideration interviews and2 and 7#b7 in section #bba7;i77#c7-- 7,a7 by striking reconsideration of such initial termination or2 and 7,b7 by striking reconsideration or before hearing4 7c7 ,effective date ,the amendments made by this section shall apply with respect to any initial determination of entitlement to a benefit under title ,,ii of the ,social ,security ,act made on or after the date that is one year after the date of the enactment of this ,act4 #ajg4 ,report on hiring new administrative law judges and staff ,not later than #ahj days after the date of the enactment of this ,act1 the ,commissioner of ,social ,security shall submit to ,congress a report that includes an estimate of the number of new administrative law judges and support staff that the ,commissioner determines would be necessary to make a final decision on the entitlement of each individual for a disability insurance benefit under title ,,ii of the ,social ,security ,act not later than #f months after the date on which such individual applies for such benefits4 ,,ii ,eligibility #bja4 ,updating of medical-vocational guidelines ,as soon as possible after the date of the enactment of this ,act1 the ,commissioner of ,social ,security shall prescribe rules and regulations that update the medical-vocational guidelines1 as set forth in appendix #b to subpart ,p of part #djd of title #bj1 ,code of ,federal ,regulations1 used in disability determinations1 including full consideration of removing non-medical factors no longer relevant due to new employment opportunities made possible by advances in treatment1 rehabilitation1 and technology and full consideration of the effect of prevalent languages on education4 #bjb4 ,review of social media activity 7a7 ,in general ,section #bje7;b77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dje7;b77#a771 as amended by section #aaj7;a71 is further amended by inserting after the second sentence the following3 ,in making any initial determination of disability under this title1 the ,commissioner of ,social ,security shall consider any relevant evidence from social media of which the ,commissioner is made aware prior to issuing a decision involving such determination44 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply with respect to applications for disability insurance benefits filed on or after ,january #a1 #bjbj4 #bjc4 ,updating data on work which exists in national economy ,not later than #e years after the date of the enactment of this ,act1 and every year thereafter1 the ,commissioner of ,social ,security shall-- 7#a7 update the data used by the ,commissioner to determine the jobs which exist in the national economy 7within the meaning of section #bbc7;d77#b77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dbc7;d77#b77;,a7771 to ensure that such data reflects the full range of work which exists in the national economy1 including newly-created jobs in emerging industries2 and 7#b7 submit to ,congress a report describing each such update4 ,,iii ,continuing ,disability ,reviews #cja4 ,study on impact of medical review standard 7a7 ,in general ,the ,commissioner of ,social ,security shall conduct a study with respect to a large number of beneficiaries-- 7#a7 to determine whether the ,social ,security ,administration would consider such beneficiaries to be disabled using the ,initial ,disability ,standard rather than the ,medical ,improvement ,review ,standard 7,,mirs7 during continuing disability reviews2 and 7#b7 to analyze the cause of any difference of result between the two standards4 7b7 ,report ,not later than #ahj days after the date of the enactment of this ,act1 the ,commissioner of ,social ,security shall submit a report to ,congress on the study described in subsection 7a74 #cjb4 ,additional training relating to ,,mirs exceptions ,the ,commissioner of ,social ,security shall-- 7#a7 provide training1 as the ,commissioner determines to be appropriate1 to employees of ,state disability determination services and to ,federal personnel involved in making disability determinations on the application of exceptions to the ,medical ,improvement ,review ,standard 7,,mirs7 during continuing disability reviews2 and 7#b7 establish a procedure by which such employees and ,federal personnel may request assistance from the ,social ,security ,administration in the application of such exceptions4 #cjc4 ,increased frequency of continuing disability reviews 7a7 ,in general ,section #bba7;i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dba7;i77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking every #c years and inserting every year2 and 7,b7 by striking at such times as the ,commissioner of ,social ,security determines to be appropriate and inserting at least every #e years2 and 7#b7 in paragraph 7#b71 by striking every #c years and inserting once every year4 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply with respect to applications for disability insurance benefits filed on or after ,january #a1 #bjbj4 #cjd4 ,communication relating to termination of benefits 7a7 ,in general ,the ,commissioner of ,social ,security shall ensure that each award letter informing an individual of the individual's initial entitlement to disability insurance benefits under title ,,ii of the ,social ,security ,act includes-- 7#a7 a description of all of the conditions under which such benefits may be terminated2 and 7#b7 except in any case in which a finding has been made that the individual's disability is permanent1 an explanation that disability insurance benefits are temporary and that the individual is expected to return to work after medical improvement has occurred4 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply with respect to individuals who become entitled to disability insurance benefits on or after ,january #a1 #bjbj4 #cje4 ,communication relating to reporting requirements ,the ,commissioner of ,social ,security shall ensure that each communication from the ,social ,security ,administration made to an individual entitled to disability insurance benefits includes a description of the individual's responsibility to report to the ,commissioner of ,social ,security any change of circumstance that may affect the individual's entitlement to such benefits4 ,,iv ,benefits #dja4 ,establishment of annual poverty guideline based disability insurance benefits 7a7 ,in general ,section #bbc7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dbc7;a77#b77 is amended by inserting after paragraph 7#b7 the following new paragraph3 7#c7 ,in the case of an individual who initially becomes entitled to disability benefits in the calendar year #bjbj or any subsequent calendar year1 and except as provided in section #bjb7q7 of this title1 such individual's disability insurance benefit for any month shall be one-twelfth of the most recently published annual poverty guideline for an individual 7as updated annually in the ,fed4 ,reg4 by the ,department of ,health and ,human ,services under the authority of section #fgc7b7 of the ,omnibus ,budget ,reconciliation ,act of #aiha74 4 7b7 ,early retirement benefit reduction ,section #bjb7q77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dbc7;a77#b77 is amended by striking subsection 7q77#b7 and replacing it with the following3 7#b7 ,if an individual is entitled to a disability insurance benefit for a month after a month for which such individual was entitled to an old-age insurance benefit1 such disability insurance benefit for each month shall be-- 7,a7 if such individual initially became entitled to disability benefits in any calendar year before #bjbj1 reduced by the amount such old-age insurance benefit would be reduced under paragraphs 7#a7 and 7#d7 for such month had such individual attained retirement age 7as defined in section #daf7l7 of this title7 in the first month for which he most recently became entitled to a disability insurance benefit2 or 7,b7 if such individual initially became entitled to disability benefits in the calendar year #bjbj or any subsequent calendar year1 equal to the higher of the individual's reduced old-age insurance benefit under paragraph 7#a7 and the individual's disability insurance benefit under section #dbc7;a77#c74 4 7c7 ,conforming amendment ,section #bbc7;a77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dbc7;a77#b77 is amended by striking ,except and inserting ,in the case of an individual who initially becomes entitled for disability benefits in any calendar year before #bjbj1 and except4 #djb4 ,retroactive payment of benefits 7a7 ,in general ,section #bbc7;b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dbc7;b77 is amended by striking #abth month and inserting #fth month4 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply with respect to applications for disability insurance benefits filed on or after ,january #a1 #bjbj4 #djc4 ,inclusion of unearned income in determination of substantial gainful activity 7a7 ,in general ,section #bbc7;d77#d7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dbc7;d77#d771 as amended by section #c7;b71 is further amended by adding at the end the following3 7,d7 7i7 ,if the amount of unearned income 7as defined in section #afab7 of an individual for a month is equal to or greater than the monthly income limit for such month1 the individual shall be deemed to have engaged in substantial gainful activity for such month4 7ii7 ,for purposes of this subparagraph1 the monthly income limit is the amount of earnings derived from services1 prescribed by the ,commissioner under regulations issued pursuant to subparagraph 7,a71 sufficient to demonstrate an individual's ability to engage in substantial gainful activity for a month4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply with respect to monthly insurance benefits paid for months beginning after the date that is #a year after the date of the enactment of this ,act4