I
111th CONGRESS
1st Session
H. R. 886
IN THE HOUSE OF REPRESENTATIVES
February 4, 2009
Mr. Lewis of Georgia introduced the following bill; which was referred to the Committee on Ways and Means
A BILL
To amend title II of the Social Security Act to apply an earnings test in determining the amount of monthly insurance benefits for individuals entitled to disability insurance benefits based on blindness.
Short title
This Act may be cited as the
Blind Persons Return to Work Act of
2009
.
Application of earnings test in determining the amount of monthly insurance benefits for blind beneficiaries
In general
Section 203 of the Social Security Act (42 U.S.C. 403) is amended—
in subsection (b)(1)(A), by striking
benefits under section 202 for any month
and inserting the
following: “benefits for any month under section 202 or, in the case of an
individual who is entitled to disability insurance benefits and whose
disability consists of blindness (as defined in section 216(i)(1)), under
section 223”;
in subsection (f)(1)—
by striking
entitled for such month under section 202
the following:
entitled for such month, under section 202 or, in the case of an
individual who is entitled to disability insurance benefits and whose
disability consists of blindness (as defined in section 216(i)(1)), under
section 223,
;
by inserting
is entitled under section 202 or 223
after payments to
which such individual
; and
by striking subsection (a), (b),
(c), (d), (e), (f), (g), or (h) of section 202 (without having been entitled
for the preceding month to a benefit under any other of such
subsections)
and inserting the provisions of subsection (a),
(b), (c), (d), (e), (f), (g), or (h) of section 202 or the provisions of
section 223 (without having been entitled for the preceding month to a benefit
under any other of such provisions)
;
in subsection (f)(3)—
by inserting
(A)
after (3)
;
in the first
sentence, by inserting subject to subparagraphs (B) and (D),
after subsection (h),
, by striking months in such
year,
and inserting months in such year.
, and by
striking except that, in determining
and inserting the
following:
For purposes of subparagraph (A), notwithstanding section 211(e), the number of months in the taxable year in which an individual dies shall be 12.
In determining
;
by striking the
sentence beginning with For purposes of the preceding
sentence,
;
by redesignating
the last sentence as subparagraph (E) and, in such subparagraph (E), by
striking the first sentence of
; and
by inserting before subparagraph (E) (as so designated under subparagraph (D) of this paragraph) the following new subparagraph:
In the case of an individual who is entitled to disability insurance benefits and whose disability consists of blindness (as defined in section 216(i)(1)), the individual’s excess earnings for a taxable year shall be 331/3 percent of his earnings for such year in excess of the exempt amount which would be applicable under paragraph (8), to individuals described in subparagraph (D) thereof, if section 102 of the Senior Citizens’ Right to Work Act of 1996 had not been enacted.
;
in subsection
(f)(7), by inserting or 223
after section
202
;
in subsection (h)(1)(A)—
by inserting
or 223
after section 202
; and
by inserting
(or, as applicable, the exempt amount determined under subsection
(f)(3)(D))
after subsection (f)(8)
;
in subsection
(h)(2), by inserting or 223
after section 202
each place it appears; and
in subsection (h)(3), by inserting
or 223
after section 202
each place it
appears.
Determination of disability of blind individuals without regard to engagement in substantial gainful activity
Section 223(d) of such Act (42 U.S.C. 423(d)) is amended—
by striking subparagraph (B) and inserting the following:
in the case of an individual who has attained the age of 55, blindness (as defined in section 216(i)(1).
; and
in paragraph (4)(A), by striking the second sentence.
Annual determinations of disability based on blindness
Section 221 of the Social Security Act (42 U.S.C. 421) is amended by adding at the end the following new subsection:
A determination of the disability of an individual based on blindness may not be reviewed more frequently than annually.
.
Reduction in excess earnings of blind beneficiaries by the amount of impairment related work expenses
Section 203(f)(3)(D) of the Social Security Act (as amended by section 2 of this Act) is amended—
by inserting
(i)
after (D)
;
by striking
enacted.
and inserting the following: enacted, reduced
(to not less than zero) by the allowable amount for impairment related work
expenses for the taxable year.
; and
by adding at the end the following new clause:
For purposes of this subparagraph, the term
allowable amount for impairment related work expenses
means, in
connection with the excess earnings of an individual for any taxable year, an
amount equal to the greater of—
16.3 percent of such excess earnings, or
the average amount of impairment related work expenses incurred by individuals entitled to disability insurance benefits during the preceding taxable year, as determined under regulations of the Commissioner of Social Security.
.
Adjustments to extent of benefit reduction during the year based on significant changes in work status
Section 203(h) of the Social Security Act (42 U.S.C. 403(h)) is amended by adding at the end the following new paragraph:
The Commissioner of Social Security shall develop and implement procedures in accordance with this subsection to avoid paying less than the correct amount of benefits to any individual under this title as a result of the occurrence during the taxable year of a termination of employment or a significant reduction in hours of work.
.
Effective date
The amendments made by this Act shall apply with respect to disability insurance benefits for months in taxable years beginning after 180 days after the date of the enactment of this Act.