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42 U.S.C. § 425 — Additional rules relating to benefits based on disability

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 425 — Additional rules relating to benefits based on disability

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Source file: Laws/federal/codes/united-states-code/title-42/section-425-additional-rules-relating-to-benefits-based-on-disability--18d6c36da2.md
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Source location: Title 42, Chapter 7, § 425; chapter-007-social-security.md

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**(a) Suspension of benefits** If the Commissioner of Social Security, on the basis of information obtained by or submitted to the Commissioner, believes that an individual entitled to benefits under [section 423 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section423&num=0&edition=prelim), or that a child who has attained the age of eighteen and is entitled to benefits under [section 402(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section402/d&num=0&edition=prelim), or that a widow or surviving divorced wife who has not attained age 60 and is entitled to benefits under [section 402(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section402/e&num=0&edition=prelim), or that a widower or surviving divorced husband who has not attained age 60 and is entitled to benefits under [section 402(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section402/f&num=0&edition=prelim), may have ceased to be under a disability, the Commissioner of Social Security may suspend the payment of benefits under such section 402(d), 402(e), 402(f), or 423 of this title until it is determined (as provided in [section 421 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section421&num=0&edition=prelim)) whether or not such individual’s disability has ceased or until the Commissioner of Social Security believes that such disability has not ceased. In the case of any individual whose disability is subject to determination under an agreement with a State under [section 421(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section421/b&num=0&edition=prelim), the Commissioner of Social Security shall promptly notify the appropriate State of the Commissioner’s action under this subsection and shall request a prompt determination of whether such individual’s disability has ceased. For purposes of this subsection, the term “disability” has the meaning assigned to such term in [section 423(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section423/d&num=0&edition=prelim). Whenever the benefits of an individual entitled to a disability insurance benefit are suspended for any month, the benefits of any individual entitled thereto under subsection (b), (c), or (d) of [section 402 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section402&num=0&edition=prelim), on the basis of the wages and self-employment income of such individual, shall be suspended for such month. The first sentence of this subsection shall not apply to any child entitled to benefits under [section 402(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section402/d&num=0&edition=prelim), if he has attained the age of 18 but has not attained the age of 22, for any month during which he is a full-time student (as defined and determined under [section 402(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section402/d&num=0&edition=prelim)). **(b) Continued payments during rehabilitation program** Notwithstanding any other provision of this subchapter, payment to an individual of benefits based on disability (as described in the first sentence of subsection (a)) shall not be terminated or suspended because the physical or mental impairment, on which the individual’s entitlement to such benefits is based, has or may have ceased, if— (1) such individual is participating in a program consisting of the Ticket to Work and Self-Sufficiency Program under [section 1320b–19 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1320b-19&num=0&edition=prelim) or another program of vocational rehabilitation services, employment services, or other support services approved by the Commissioner of Social Security, and (2) the Commissioner of Social Security determines that the completion of such program, or its continuation for a specified period of time, will increase the likelihood that such individual may (following his participation in such program) be permanently removed from the disability benefit rolls. **(c) Access to information held by payroll data providers** (1) The Commissioner of Social Security may require each individual who applies for or is entitled to monthly insurance benefits under subsections (d)(1)(B)(ii), (d)(6)(A)(ii), (d)(6)(B), (e)(1)(B)(ii), and (f)(1)(B)(ii) of [section 402 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section402&num=0&edition=prelim) and subsection (a)(1) of [section 423 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section423&num=0&edition=prelim) to provide authorization by the individual for the Commissioner to obtain from any payroll data provider (as defined in [section 1320e–3(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1320e–3/c/1&num=0&edition=prelim)) any record held by the payroll data provider with respect to the individual whenever the Commissioner determines the record is needed in connection with a determination of initial or ongoing entitlement to such benefits. (2) An authorization provided by an individual under this subsection shall remain effective until the earliest of— (A) the rendering of a final adverse decision on the individual’s application or entitlement to benefits under this subchapter; (B) the termination of the individual’s entitlement to benefits under this subchapter; or (C) the express revocation by the individual of the authorization, in a written notification to the Commissioner. (3) The Commissioner of Social Security is not required to furnish any authorization obtained pursuant to this subsection to the payroll data provider. (4) The Commissioner shall inform any person who provides authorization pursuant to this clause of the duration and scope of the authorization. (5) If an individual who applies for or is entitled to benefits under this subchapter refuses to provide, or revokes, any authorization under this subsection, subsection (d) shall not apply to such individual beginning with the first day of the first month in which he or she refuses or revokes such authorization. **(d) Reporting responsibilities for beneficiaries subject to information exchange with payroll data provider** An individual who has authorized the Commissioner of Social Security to obtain records from a payroll data provider under subsection (c) shall not be subject to a penalty under [section 1320a–8a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1320a-8a&num=0&edition=prelim) for any omission or error with respect to such individual’s wages as reported by the payroll data provider.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1383 — Attribution of sponsor’s income and resources to aliens

**(a) Attribution as unearned income** For purposes of determining eligibility for and the amount of benefits under this subchapter for an individual who is an alien, the income and resources of any person who (as a sponsor of such individual’s entry into the United States) executed an affidavit of support or similar agreement with respect to such individual, and the income and resources of the sponsor’s spouse, shall be deemed to be the income and resources of such individual (in accordance with subsections (b) and (c)) for a period of 3 years after the individual’s entry into the United States. Any such income deemed to be income of such individual shall be treated as unearned income of such individual. **(b) Determination of amount and resources** (1) The amount of income of a sponsor (and his spouse) which shall be deemed to be the unearned income of an alien for any year shall be determined as follows: (A) The total yearly rate of earned and unearned income (as determined under [section 1382a(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1382a/a&num=0&edition=prelim)) of such sponsor and such sponsor’s spouse (if such spouse is living with the sponsor) shall be determined for such year. (B) The amount determined under subparagraph (A) shall be reduced by an amount equal to (i) the maximum amount of the Federal benefit under this subchapter for such year which would be payable to an eligible individual who has no other income and who does not have an eligible spouse (as determined under [section 1382(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1382/b/1&num=0&edition=prelim)), plus (ii) one-half of the amount determined under clause (i) multiplied by the numbe

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 422 — Rehabilitation services

**(a) , (b) Repealed. Pub. L. 106–170, title I, § 101(b)(1)(B), (C), Dec. 17, 1999, 113 Stat. 1873** **(c) “Period of trial work” defined** (1) The term “period of trial work”, with respect to an individual entitled to benefits under section 423, 402(d), 402(e), or 402(f) of this title, means a period of months beginning and ending as provided in paragraphs (3) and (4). (2) For purposes of sections 416(i) and 423 of this title, any services rendered by an individual during a period of trial work shall be deemed not to have been rendered by such individual in determining whether his disability has ceased in a month during such period. For purposes of this subsection the term “services” means activity (whether legal or illegal) which is performed for remuneration or gain or is determined by the Commissioner of Social Security to be of a type normally performed for remuneration or gain. (3) A period of trial work for any individual shall begin with the month in which he becomes entitled to disability insurance benefits, or, in the case of an individual entitled to benefits under [section 402(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section402/d&num=0&edition=prelim) who has attained the age of eighteen, with the month in which he becomes entitled to such benefits or the month in which he attains the age of eighteen, whichever is later, or, in the case of an individual entitled to widow’s or widower’s insurance benefits under section 402(e) or (f) of this title who became entitled to such benefits prior to attaining age 60, with the month in which such individual becomes so entitled. Notwithstanding the preceding sentence, no period of trial work may begin for any individual prior to the beginning of the month following Sept

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 402 — Old-age and survivors insurance benefit payments

**(a) Old-age insurance benefits** Every individual who— (1) is a fully insured individual (as defined in [section 414(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section414/a&num=0&edition=prelim)), (2) has attained age 62, and (3) has filed application for old-age insurance benefits or was entitled to disability insurance benefits for the month preceding the month in which he attained retirement age (as defined in section 416(l) of this title), shall be entitled to an old-age insurance benefit for each month, beginning with— (A) in the case of an individual who has attained retirement age (as defined in section 416(l) of this title), the first month in which such individual meets the criteria specified in paragraphs (1), (2), and (3), or (B) in the case of an individual who has attained age 62, but has not attained retirement age (as defined in section 416(l) of this title), the first month throughout which such individual meets the criteria specified in paragraphs (1) and (2) (if in that month he meets the criterion specified in paragraph (3)), and ending with the month preceding the month in which he dies. Except as provided in subsection (q) and subsection (w), such individual’s old-age insurance benefit for any month shall be equal to his primary insurance amount (as defined in [section 415(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section415/a&num=0&edition=prelim)) for such month. **(b) Wife’s insurance benefits** (1) The wife (as defined in [section 416(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section416/b&num=0&edition=prelim)) and every divorced wife (as defined in [section 416(d) of this title](https://uscode.house.gov/

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1381 — Omitted

### Statutory Notes #### Codification Section, act Aug. 14, 1935, ch. 531, title XVI, § 1604, as added July 25, 1962, Pub. L. 87–543, title I, § 141(a), 76 Stat. 204, related to operation of State plans, prior to the general revision of this subchapter by Pub. L. 92–603, Oct. 30, 1972, 86 Stat. 1465, eff. Jan. 1, 1974. #### Puerto Rico, Guam, and Virgin Islands Enactment of subchapter XVI of the Social Security Act [this subchapter] by Pub. L. 92–603, eff. Jan. 1, 1974, was not applicable to Puerto Rico, Guam, and the Virgin Islands. See section 303(b) of Pub. L. 92–603, set out as a note under [section 301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section301&num=0&edition=prelim). Therefore, as to Puerto Rico, Guam, and the Virgin Islands, section 1604 of the Social Security Act [this section] as it existed prior to reenactment of this subchapter by Pub. L. 92–603 continues to apply and reads as follows: § 1384. Operation of State plans If the Commissioner of Social Security, after reasonable notice and opportunity for hearing to the State agency administering or supervising the administration of the State plan approved under this subchapter, finds— (1) that the plan has been so changed that it no longer complies with the provisions of [section 1332 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1332&num=0&edition=prelim); or (2) that in the administration of the plan there is a failure to comply substantially with any such provision; the Commissioner of Social Security shall notify such State agency that further payments will not be made to the State (or, in the Commissioner’s discretion, that payments will be limited to categories under or parts of the State plan not affected

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 423 — Disability insurance benefit payments

**(a) Disability insurance benefits** (1) Every individual who— (A) is insured for disability insurance benefits (as determined under subsection (c)(1)), (B) has not attained retirement age (as defined in section 416(l) of this title), (C) if not a United States citizen or national— (i) has been assigned a social security account number that was, at the time of assignment, or at any later time, consistent with the requirements of subclause (I) or (III) of [section 405(c)(2)(B)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section405/c/2/B/i&num=0&edition=prelim); or (ii) at the time any quarters of coverage are earned— (I) is described in subparagraph (B) or (D) of [section 1101(a)(15) of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/a/15&num=0&edition=prelim), (II) is lawfully admitted temporarily to the United States for business (in the case of an individual described in such subparagraph (B)) or the performance as a crewman (in the case of an individual described in such subparagraph (D)), and (III) the business engaged in or service as a crewman performed is within the scope of the terms of such individual’s admission to the United States.11 So in original. The period probably should be a comma. (D) has filed application for disability insurance benefits, and (E) is under a disability (as defined in subsection (d)) shall be entitled to a disability insurance benefit (i) for each month beginning with the first month after his waiting period (as defined in subsection (c)(2)) in which he becomes so entitled to such insurance benefits, (ii) in the case of an individual who has been medically determined to have amyotrophic lateral sclerosi

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 401 — Trust Funds

**(a) Federal Old-Age and Survivors Insurance Trust Fund** There is hereby created on the books of the Treasury of the United States a trust fund to be known as the “Federal Old-Age and Survivors Insurance Trust Fund”. The Federal Old-Age and Survivors Insurance Trust Fund shall consist of the securities held by the Secretary of the Treasury for the Old-Age Reserve Account and the amount standing to the credit of the Old-Age Reserve Account on the books of the Treasury on January 1, 1940, which securities and amount the Secretary of the Treasury is authorized and directed to transfer to the Federal Old-Age and Survivors Insurance Trust Fund, and, in addition, such gifts and bequests as may be made as provided in subsection (i)(1), and such amounts as may be appropriated to, or deposited in, the Federal Old-Age and Survivors Insurance Trust Fund as hereinafter provided. There is hereby appropriated to the Federal Old-Age and Survivors Insurance Trust Fund for the fiscal year ending June 30, 1941, and for each fiscal year thereafter, out of any moneys in the Treasury not otherwise appropriated, amounts equivalent to 100 per centum of— (1) the taxes (including interest, penalties, and additions to the taxes) received under subchapter A of chapter 9 of the Internal Revenue Code of 1939 (and covered into the Treasury) which are deposited into the Treasury by collectors of internal revenue before January 1, 1951; and (2) the taxes certified each month by the Commissioner of Internal Revenue as taxes received under subchapter A of chapter 9 of such Code which are deposited into the Treasury by collectors of internal revenue after December 31, 1950, and before January 1, 1953, with respect to assessments of such taxes made before January 1, 1951; and (3) the taxes imposed by

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42 U.S.C. § 405 — Evidence, procedure, and certification for payments

**(a) Rules and regulations; procedures** The Commissioner of Social Security shall have full power and authority to make rules and regulations and to establish procedures, not inconsistent with the provisions of this subchapter, which are necessary or appropriate to carry out such provisions, and shall adopt reasonable and proper rules and regulations to regulate and provide for the nature and extent of the proofs and evidence and the method of taking and furnishing the same in order to establish the right to benefits hereunder. **(b) Administrative determination of entitlement to benefits; findings of fact; hearings; investigations; evidentiary hearings in reconsiderations of disability benefit terminations; subsequent applications** (1) The Commissioner of Social Security is directed to make findings of fact, and decisions as to the rights of any individual applying for a payment under this subchapter. Any such decision by the Commissioner of Social Security which involves a determination of disability and which is in whole or in part unfavorable to such individual shall contain a statement of the case, in understandable language, setting forth a discussion of the evidence, and stating the Commissioner’s determination and the reason or reasons upon which it is based. Upon request by any such individual or upon request by a wife, divorced wife, widow, surviving divorced wife, surviving divorced mother, surviving divorced father, husband, divorced husband, widower, surviving divorced husband, child, or parent who makes a showing in writing that his or her rights may be prejudiced by any decision the Commissioner of Social Security has rendered, the Commissioner shall give such applicant and such other individual reasonable notice and opportunity for a hearing with re

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 421 — Disability determinations

**(a) State agencies** (1) In the case of any individual, the determination of whether or not he is under a disability (as defined in section 416(i) or 423(d) of this title) and of the day such disability began, and the determination of the day on which such disability ceases, shall be made by a State agency, notwithstanding any other provision of law, in any State that notifies the Commissioner of Social Security in writing that it wishes to make such disability determinations commencing with such month as the Commissioner of Social Security and the State agree upon, but only if (A) the Commissioner of Social Security has not found, under subsection (b)(1), that the State agency has substantially failed to make disability determinations in accordance with the applicable provisions of this section or rules issued thereunder, and (B) the State has not notified the Commissioner of Social Security, under subsection (b)(2), that it does not wish to make such determinations. If the Commissioner of Social Security once makes the finding described in clause (A) of the preceding sentence, or the State gives the notice referred to in clause (B) of such sentence, the Commissioner of Social Security may thereafter determine whether (and, if so, beginning with which month and under what conditions) the State may again make disability determinations under this paragraph. (2) The disability determinations described in paragraph (1) made by a State agency shall be made in accordance with the pertinent provisions of this subchapter and the standards and criteria contained in regulations or other written guidelines of the Commissioner of Social Security pertaining to matters such as disability determinations, the class or classes of individuals with respect to which a State may make d

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 416 — Additional definitions

For the purposes of this subchapter— **(a) Spouse; surviving spouse** (1) The term “spouse” means a wife as defined in subsection (b) or a husband as defined in subsection (f). (2) The term “surviving spouse” means a widow as defined in subsection (c) or a widower as defined in subsection (g). **(b) Wife** The term “wife” means the wife of an individual, but only if she (1) is the mother of his son or daughter, (2) was married to him for a period of not less than one year immediately preceding the day on which her application is filed, or (3) in the month prior to the month of her marriage to him (A) was entitled to, or on application therefor and attainment of age 62 in such prior month would have been entitled to, benefits under subsection (b), (e), or (h) of [section 402 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section402&num=0&edition=prelim), (B) had attained age eighteen and was entitled to, or on application therefor would have been entitled to, benefits under subsection (d) of such section (subject, however, to [section 402(s) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section402/s&num=0&edition=prelim)), or (C) was entitled to, or upon application therefor and attainment of the required age (if any) would have been entitled to, a widow’s, child’s (after attainment of age 18), or parent’s insurance annuity under [section 231a of title 45](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section231a&num=0&edition=prelim). For purposes of clause (2), a wife shall be deemed to have been married to an individual for a period of one year throughout the month in which occurs the first anniversary of her marriage to such individual. For purposes of subparagraph (

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42 U.S.C. § 1305 — Short title of chapter

This chapter may be cited as the “Social Security Act”.

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