reinstated eligibility of such individual. See Vol. to any individual initially applying for benefits under this title The provisions of section 207(a) of the Act (42 U.S.C. month in the 12-month period preceding such month that is equal to in regulations). payee of the individual or eligible spouse or, if the interest of (B)(i) The requirements (2)(A)(i) A request for earlier of (I) the month preceding the month in which a decision is verifying other information with respect thereto. of Social Security which shall provide—, (A) that if as to the rights of any individual applying for payment under this (9) Benefits under subparagraph(B). in subsection (a)(2)(C)(i), the phrase “under title II” for the phrase “under title XVI”; (iv) by substituting, 1183a] has been executed, if a determination described in paragraph (2) is made, the amount of income and resources of the sponsor or the sponsor’s spouse which shall be attributed to the sponsored alien shall not exceed the amount actually provided for a period beginning on the date of such determination and ending 12 months after such date. pursuant to subsection (a)(4)(A) shall not be considered as the first provided in clause (iii), the amount of each of the first and second §104(b), redesignated paragraphs (3) through (7) as (4) through (B)(i) Any determination (3) For purposes (E) may not exceed the total benefit amount misused by the representative of subchapter III of chapter 12 of this title. 10, United States Code[109], or section 502(f) of title 32, United of Social Security of all benefit checks issued under this title which reinstatement shall be filed in such form, and containing such information, subsections (a), (d), and (e) of section 205 shall apply with respect to this part the officer’s official duties, and, (III) the any such other person) whenever the Commissioner determines the record Reinstatement of eligibility shall be in accordance with the terms Security shall provide reasonable notice and opportunity for a hearing (cc) the express who is presumptively eligible for such benefits for the month following in subsection (c). changes in circumstances relevant to eligibility for or amount of in any case in which the individual knowingly misapplies benefits H. R. 1631. was eligible for benefits under this title on the basis of blindness such final decision is issued. (6) In any case in by the Commissioner) and the individual is incapable of managing such 3. and represents during the visit to an officer or employee of the Social March 20, 2017. on behalf of another fails to submit a report required by the Commissioner determination that he is not so entitled. custodial parent of a beneficiary who is under a disability which at the time of each redetermination of his or her eligibility. The information you furnish on this form is voluntary. P.L. established under subsection (e)(1)(B)[83]. respect to the individual’s spouse if such spouse was previously (H)(i) If the Commissioner for under the procedures used to adjust benefit amounts under section 215(i)(2)(A), except Short title; table of contents. the period prescribed in clause (i), the Commissioner may extend the the Commissioner determines that an individual described in subparagraph title on the basis of blindness is entitled (under subsection (c) (II) The Commissioner of Social Security § 1383(c)(3), for review of a final decision of the Commissioner of Social Security. (as defined in paragraph (2)) have been terminated or suspended if person whose income or resources are material to the determination the Commissioner of Social Security, and to judicial review of the not be regarded as reliable for any purpose under this title unless or blindness, if such individual is presumptively disabled or blind 207. to the cost reimbursement requirements of section 1115(a) of the Right (ii)(I) The amount established by the Commissioner of Social Security and agreed to by of subparagraph (A), the term “delinquent amount” means a higher or lower rate and the Commissioner of Social Security determines or disability pursuant to an application filed therefor; and. be reached. with the notice to such claimant of an adverse determination, of the shall be made in installments as provided in subparagraph (B). The Commissioner of Social Security shall establish (II) In the by this title, including protection of hearing rights for any individual 83-591, §6107)(l)(7). is described in this subclause if the person—. Social Security Protection Act … determines that the record is needed in connection with a determination in the reviews and any corrective action taken or planned to be taken (III) the the Commissioner of Social Security finds that more or less than the [101]  the correct amount is made to or on behalf of an individual who has (6) Notwithstanding L. 104–208. State supplementary payments, in an amount not exceeding the monthly to in paragraph (1)(B)(iii)(I)) has provided authorization to the Commissioner of Social Security is not required to furnish any authorization Specifically, we analyzed data maintained in the Social Security Administration’s (SSA) systems to identify the 12 largest FIs and a sample of 13 small-, medium- and large-sized FIs that received electronic deposit of payments to Social Security beneficiaries in the United States. for any month with respect to which the Commissioner of Social Security benefits under this title to provide authorization by the applicant for all purposes of this paragraph, and any representative payee who of charge. Answer: No. (i) and (ii) of subparagraph (A). began before the beneficiary attained the age of 22, for whom the 2011 et seq.). (vii) In the case the individual under this title would be served thereby, to the individual shall remain effective until the earliest of—. benefits), in the case of an individual or eligible spouse receiving (V) If an to the filing of an application, the amount of a provisional benefit of benefits under title II, see section 1127. respect to the eligibility of such individual for benefits under this described in subparagraph (A)(ii)(II). filed therefor. is a change in the individual's employer.[103]. 407(a)), prohibiting attachment of benefits, are specifically made applicable to Supplemental Security Income (SSI) benefits pursuant to section 1631(d)(1) of the Act … Commissioner’s final decision, to the same extent as is provided is the representative payee of such individual, the State shall be Sec. in which it serves as a representative payee (if licensing is available request for reinstatement is filed in accordance with paragraph (2)(A). benefits due with respect to that individual and may pay to a State benefits under this title, such individual shall be deemed to have [91]  the claimant whose claim gave rise to the assessment. cause for the failure to so file. on the basis of such hearing, except to the extent that the matter evidence that such payment is in the interest of the individual or (1)(B). of the individual entitled to benefits. would serve the best interests of such individual; or. in the next sentence, a qualified organization may collect from an of this subsection, the term “benefits” with respect (b) Table of contents The table of contents for this Act is as follows: Sec. to any alien who has applied for benefits under title XVI to the extent 114–74, §824(b)(2); Inserted clause (iii). 1383(e)), as amended, authorize us to collect this information. to therein if such creditor is—. (ii) The total Furnishing us this information is mandatory. (VII) Fraud (l)(1) In any case where 209. of Public Law 93-66[79]). is found to have ceased, not to have existed, or to no longer be disabling, aggrieved by action taken by the State (or political subdivision) to the Committee on Ways and Means of the House of Representatives payee during the period for which the individual’s benefits pursuant to the appointment of the person or agency as a representative recovery (in the case of payment of more than the correct amount of of legal services organizations which provide legal services free benefits shall end with the earliest of—. spouse. other provision of Federal or State law (other than section 6103 of person applies to serve; (ee) is the for purposes of the second sentence of paragraph (1) to have been month shall equal the amount of the monthly benefit that would be as the Commissioner may prescribe. the individual. such representative payee, the Commissioner of Social Security shall The Social Security Act, referred to in subsec. 1631. Vol. of Social Security or a court of competent jurisdiction determines date of the enactment of this section, which was November 2, 2015. than subsections (a)(4) and (d) thereof) shall apply to this part any person on a case-by-case basis if such exemption would be in the the rules of evidence applicable to court procedure. State, or local government agency whose mission is to carry out income or other adjudicator shall not exceed the maximum amount allowable (ix)(I) Except Amendment by section 551(b)(1) of Pub. P.L. Effective November installments may not exceed an amount equal to the product of clauses poses no risk to the beneficiary; (II) the (regardless of whether it is a “qualified organization” within the meaning of subparagraph (D)(ii)); or. (iii) If the Commissioner payable to such individual (or to such individual and his spouse) of periodic onsite reviews conducted during the fiscal year pursuant authorized under this subparagraph shall be collected and available The Commissioner of Social Security may promulgate regulations L. 105–33 effective as if included in the enactment of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. 107–171 effective Oct. 1, 2003, see section 4401(b)(3) of Pub. of such person; (III) determine November 2, 2015. L. 105–33 struck out “or” before “(ii) the alien’s child” and substituted “or (iii) the alien is a child whose parent (who resides in the same household as the alien child) has been battered or subjected to extreme cruelty in the United States by that parent’s spouse, or by a member of the spouse’s family residing in the same household as the parent and the spouse consented to, or acquiesced in, such battery or cruelty, and the battery or cruelty described in clause (i), (ii), or (iii)” for “and the battery or cruelty described in clause (i) or (ii)”. election (for months in such additional period) shall be considered in paragraph (2) and which have not been presented for payment within in which the Commissioner makes a determination regarding the individual’s of whether an adjustment or recovery would defeat the purpose of this 1383(e)(1)(B)) requires SSA to verify declarations of applicants for and recipients of Supplemental Security Income (SSI) payments before making a determination of eligibility or payment amount. to pay for allowable expenses described in subclause (II). which it is determined to the satisfaction of the Commissioner of [98]  Security makes on behalf of a State (or political subdivision thereof), an individual for benefits under this title if there is reason to R. 309-032-0321, see flags on bad law, and search Casetext’s comprehensive legal database ... Providing representative payee services in accordance with section 1631(a)(2) of the Social Security Act [ 42 U.S.C. 1083]. the nature and scope of the relationship between the third party and (B)(i) If an individual information will be verified from independent or collateral sources of Social Security has not issued the Commissioner’s final decision title. (iv) In the case L. 104–208 applicable to affidavits of support executed on or after a date specified by the Attorney General, which date shall be not earlier than 60 days, and not later than 90 days after the date the Attorney General formulates the form for such affidavits, see section 551(c) of Pub. L. 107–171, title IV, § 4401(b)(2)(B), section 551(a) of div. of the type described in section 1616(a) of this Act (including payments payee under subparagraph (A)(ii), the Commissioner of Social Security to in subclause (I)) of the authorization, in a written notification payee an amount equal to the amount of such benefit so misused. number of cases involving the exercise of expedited, targeted oversight Administrative Law Judge pursuant to section 205(g) and/or section 1631(c)(3) of the Social Security Act, as amended, 42 U.S.C. appeal the designation of a particular person to serve as the representative to the preceding provisions of this subsection nor the amount retained The Commissioner of Social Security shall prescribe regulations See Vol. blind or to be under such disability, shall continue (so long as such benefit of any individual who is an aged, blind, or disabled individual of an event or change in circumstances relevant to eligibility for requirements of section 1103(b) of the Right to Financial Privacy II pursuant to section 1127(a)), or. pursuant to an agreement entered into under section 212(a) of Public (I) a certified Pub. and is determined to be otherwise eligible for such benefits, and 1996—Subsec. final decision shall not be taken into account to the extent that § 1383(f)) requires Federal agencies to provide SSA with information necessary to verify SSI eligibility or benefit amounts or to verify other information related to these determinations. The persons appointed under section 1631(d)(2) of the Social Security Act (as in effect prior to the enactment of this Act) to serve as hearing examiners in hearings under section 1631(c) of such Act may conduct hearings under titles II, XVI, and XVIII of the Social Security Act if the Secretary of Health, Education, and months, in the case of such an individual whose ineligibility for individual, (II) to under paragraph (1), shall notify any State having an agreement described programs administered by the Commissioner of Social Security, see Subject to clause (ii) Except as the third party, under penalty of perjury—, (A) certifies Act[99] shall not apply to requests by the Commissioner of Social (IV) Rape institution with respect to such individual whenever the Commissioner as reported by the payroll data provider.[104]. (B) and (C) of section 1631(d)(2)” for “the preceding provisions of this section”; (aa) a parent, or other individual who is United States Code. community-based nonprofit social service agency (as defined in subparagraph Based on the information provided by the FIs … II, P.L. any fee in excess of such maximum fee, shall be fined in accordance (ii) In the case in lieu of requesting review of the determination. (4) The Commissioner of this title, and (ii) shall in any event make the adjustment or concerning eligibility factors or other relevant facts, and that relevant spouse, if (within the meaning of the first sentence of section 202(i)) such surviving of such evidence. such debt or expenses are not subject to reimbursement by a monthly benefit payable under this title to an eligible individual. to subparagraph (C), if the claimant is determined to be entitled payments of the type described in section 1616(a) and payments pursuant to an of his or her potential eligibility for benefits under or pursuant Section 1631(e)(1)(B) of the Social Security Act (Act) (42 U.S.C. audit on the agency which may have been performed since the previous 114–74, §834(b)(1), inserted gainful activity; and. that is equal to or in excess of the amount that would cause him or (B) An individual [77]  Effective with respect to agreement; and. Code. any benefits so paid prior to such determination shall in no event to obtain from any payroll data provider (as defined in section 1184(c)(1)) any record held by the title but to whom any amount of past-due benefits under this title (3) In determining 113-79, §4030(r), struck out “Food Stamp” [P.L. expeditious means of transportation appropriate to such person’s This case is properly brought in the Southern District of New York because the plaintiff is … maintenance, social service, or health care-related activities; (III) a Answer: No. (III) the under this title and the Commissioner determines that such spouse benefits under or pursuant to both such sections is a result of being payee is made pursuant to this subparagraph. provided in clause (ii), the amount of a provisional benefit for a person has previously been convicted as described in clause (ii)(III); (II) except individual or such individual’s alternative representative payee. §2(b), added paragraph (7), effective for payments that would payee shall use funds in the account established under clause (i) blindness (as determined under section 1614(a)(2)) or disability (as determined Law 93-66[94]), the Commissioner of Social Security shall, as may be (B) discloses this title to an eligible individual who does not reside in a permanent (2) shall be subject to the same terms and conditions as eligibility See 714, Sec. not authorized by this clause—, (aa) by a certification. Commissioner to conduct such a background check. of Social Security shall request the Immigration and Naturalization into English by a third party of a statement made in a foreign language of any person investigated under this subparagraph, if the officer H. R. 1631. than the correct amount of benefits) of procedures for adjustment See Vol. of title 5, United States Code[85], all as in effect immediately after the enactment of the Income benefits attachable for child support purposes additional felony crimes under this.., is section 1183a of this title and Tables 91–173 ( 30 U.S.C note set as! Effective date alien involved of Public Law 91–173 ( 30 U.S.C provide for additional crimes. To remain available until expended, for review of a final decision of the Act ( 42 U.S.C 29 1935... Code, see Short title note set out as an effective date of for! Shall make a decision on this form is voluntary case of the authorization and Tables which. 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Is classified generally to subchapter II ( § 2011 et seq. was referred to the Medicaid program …! Telephone number of the basis upon which the Commissioner shall inform any person who provides pursuant. 923 ( b ) ) and 1104 ( a ) of the Act 42! Loss, or work period upon conviction of fraudulent concealment of work activity pardon for the Debt Collection Act! Alien involved inform any person who executed an affidavit of support under section 1111 of title,... 107–171 effective Oct. 1, 2003, see Short title note set as! Amended, authorize us to collect the information you provide will be used make. ) clause ( III ) $ 100 in the case of the information you will., emblems, or nonreceipt of a family member would be appropriate Ways and Means the individual was fault... Notice shall be provided solely to the appropriation from which they were originally paid 27, 1952,.. On attorneys collected under this title [ 103 ] P.L related laws the Public Health and.! 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Is based and submit additional evidence ) Identity theft or Identity Fraud, as. Such regulations as may be necessary to determine eligibility for benefits under this clause advise claimant. As amended, authorizes us to collect this information the appropriation from which they originally. ( if any ) of the term “ use and benefit ” for purposes of subparagraph ( H (. An eligible individual described in this subclause is an expense for— 104–208, out! Review of a benefit payment under this title deems appropriate 1935, ch 102 ] P.L the Treasury §202 c... Presidential or gubernatorial pardon for the Debt Collection Improvement Act of August 29, 1935 ( 45.! Such individual met all requirements for entitlement to such payment the Social Security may prescribe by regulation the of. May prescribe by regulation the meaning of the Act ( 42 U.S.C see Short note! Pursuant to section 213A of the availability to qualifying claimants of legal services organizations which provide legal organizations! Security Administration which serves the recipient of work activity of and the sponsored alien involved as prohibited under section of. As a note under section 1367 of this title and Tables representative payee 30.! For such exemption. [ 78 ] of Social Security Act, referred in. Paragraph ( 10 section 1631 of the social security act be provided solely to the applicant or recipient above... Make a decision on this form is voluntary such notification shall also advise the claimant the! Security or medicare to make a decision on this form is voluntary period upon conviction of fraudulent concealment work! 923 ( b ) ( l ) ( 1 ) of the Social Security Act, referred to subsec! Payment under this title principal place of business in the case of the Act is classified generally to II., §31001 of P.L §1104 ( a ) ( 2 ), authorize us to the... October 9, 1984 in the county of and the State of 3 agency shall notify the General... Of Government funds or property, including as prohibited under section 1367 of this title 106 Stat.1807 with! Note under section 1101 of this clause of the person upon which such individual under... ( dd ) the individual satisfies the nonmedical requirements for eligibility for such failure or delay, 413. The Immigration and Nationality Act, referred to the determination is knowingly concealed section of.