,,ii #aafth ,,congress #ast ,session ,s4 #bjaf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bg1 #bjai,mr4 ,cotton 7for himself and ,mr4 ,rubio7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to help individuals receiving disability insurance benefits under title ,,ii of the ,social ,security ,act obtain rehabilitative services and return to the workforce1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,social ,security ,disability ,insurance ,return to ,work ,act of #bjai4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,revising disability classifications4,sec4 #c4 ,requiring periodic continuing disability reviews for certain beneficiaries4,sec4 #d4 ,regulations related to disability classifications and ,c,d,rs4,sec4 #e4 ,time-limiting disability benefits for ,,mie and ,,mil individuals4,sec4 #f4 ,encouraging work by ,,mie and ,,mil individuals4,sec4 #g4 ,increased funding for continuing disability reviews4 #b4 ,revising disability classifications ,section #bba of the ,social ,security ,act 7#db ,u4,s4,c4 #dba7 is amended by adding at the end the following new subsection3 7n7 7#a7 ,not later than #a year after the date of the enactment of this subsection1 the ,commissioner of ,social ,security shall establish a system for classifying any individual who is determined to be entitled to disability insurance benefits under this title or to monthly benefits under section #bjb 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 #ab to #bd months4 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 #be months to #fj months4 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 #fj months1 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 ,in classifying an individual under the system established under this subsection1 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 7#c7 ,notwithstanding section #bje7;b77#a7 or subsection 7c77#a7 or 7d7 of this section1 there shall be no review of1 or right to appeal1 a classification made under the system established under this subsection4 4 #c4 ,requiring periodic continuing disability reviews for certain beneficiaries 7a7 ,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 has not attained age #fc1 is determined to be under a disability1 and is classified as medical improvement possible or medical improvement not expected1 the applicable ,state agency or the ,commissioner of ,social ,security 7as may be appropriate7 shall1 for purposes of determining such individual's continuing disability-- 7i7 if the individual is classified as medical improvement possible1 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 not expected1 conduct a review to determine whether the individual remains under a disability during the #ajth year following the first month after the individual's waiting period 7as so defined74 7,b7 ,in addition to the continuing disability reviews required under subparagraph 7,a7 and notwithstanding how an individual is classified under the system established by the ,commissioner of ,social ,security under subsection 7n71 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 process 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 paragraph 7#b72 and 7#c7 by redesignating paragraphs 7#c7 through 7#e7 as paragraphs 7#b7 through 7#d71 respectively4 7b7 ,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-- 7,a7 in paragraph 7#d71 by striking the period at the end and inserting 2 or2 7,b7 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 7,c7 in the flush matter at the end1 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 process 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#b77 is amended-- 7,a7 in subparagraph 7,a71 by striking ,an individual and inserting ,subject to subparagraph 7,d71 an individual2 and 7,b7 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 process established under subsection 7l74 4 #d4 ,regulations related to disability classifications and ,c,d,rs ,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 agency guidance to carry out section #b and the amendments made by section #c4 #e4 ,time-limiting disability benefits for ,,mie and ,,mil individuals ,section #bbc of the ,social ,security ,act 7#db ,u4,s4,c4 #dbc7 is amended-- 7#a7 in subsection 7a77#a71 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 following new subsection3 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 ,social ,security ,disability ,insurance ,return to ,work ,act of #bjai1 is determined to be under a disability1 and is classified by the ,commissioner of ,social ,security as medical improvement expected or medical improvement likely1 the termination month applicable to the individual shall be-- 7,a7 if the individual has been classified as medical improvement expected1 the #bcrd month following the first month after the individual's waiting period 7as defined in subsection 7c77#b772 or 7,b7 if the individual has been classified as medical improvement likely1 the #eith month following the first month after the individual's waiting period 7as so defined74 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 7ii7 the fact that the individual participated in the process established under subsection 7l7 may be taken into account for purposes of determining whether such individual is under a disability2 and 7iii7 subsection 7f7 shall not apply4 4 #f4 ,encouraging work by ,,mie and ,,mil individuals 7a7 ,in general ,section #bbc of the ,social ,security ,act 7#db ,u4,s4,c4 #dbc71 as amended by section #e1 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 ,treatment of work performed by certain disabled individuals 7#a7 ,the ,commissioner of ,social ,security shall establish a process whereby an eligible individual who is 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 classified as medical improvement expected or medical improvement likely4 7,b7 ,participation by an eligible individual in the process established under this subsection 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 has elected to return to employment 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 the level of monthly earnings established by the ,commissioner to represent substantial gainful activity1 the amount otherwise applicable for such individual under subsection 7a77#b72 or 7ii7 in the case of an individual who has average monthly earnings 7as determined under subparagraph 7,b77 that are in excess of the level of monthly earnings established by the ,commissioner to represent substantial gainful activity1 the amount of the disability insurance benefit that would otherwise apply for such individual under subsection 7a77#b7 reduced 7but not below zero7 by an amount equal to #ej percent of the excess of such individual's average monthly earnings over the level of monthly earnings established by the ,commissioner to represent substantial gainful activity4 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 and 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#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 has elected to return to employment 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 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 7b7 ,conforming amendment ,section #bba7m77#b77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dba7m77#b77;,b77 is amended by inserting 7unless such individual is participating in the process established under section #bbc7l77 before the period4 7c7 ,effective date ,the amendments made by this section shall apply to benefits payable for months beginning after ,october #a1 #bjbj4 #g4 ,increased funding for continuing disability reviews ,notwithstanding any other provision of law1 for any calendar year after #bjbj-- 7#a7 the ,commissioner of ,social ,security shall determine the amount of any reduction in expenditures from the ,federal ,disability ,insurance ,trust ,fund 7as defined in section #bja7;b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dja7;b777 during the preceding calendar year by reason of the provisions of this ,act and the amendments made by this ,act2 and 7#b7 #aj percent of the amount determined under paragraph 7#a7 shall be authorized to be made available from the ,federal ,disability ,insurance ,trust ,fund for continuing disability reviews 7as defined in section #bja7;g77#a77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dja7;g77#a77;,a7774