I

103D CONGRESS

1ST SESSION H. R. 646

To amend title II of the Social Security Act to require the Secretary of

Health and Human Services to provide claimants for benefits based

on disability with a face-to-face, evidentiary hearing before making an

initial decision, to provide those claimants whose application is denied

with opportunity for a subsequent hearing without any requirement for

intervening ‘‘reconsideration’’, and to specify the medical information

to be collected and maintained in making disability determinations.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 27, 1993

Mr. JACOBS 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 require

the Secretary of Health and Human Services to provide

claimants for benefits based on disability with a faceto-face, evidentiary hearing before making an initial decision, to provide those claimants whose application is denied with opportunity for a subsequent hearing without

any requirement for intervening ‘‘reconsideration’’, and

to specify the medical information to be collected and

maintained in making disability determinations.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Social Security Appeals

3 Process Reform Act of 1993’’.

4 SEC. 2. REQUIREMENT FOR A FACE-TO-FACE HEARING

5 PRIOR TO INITIAL DISABILITY DECISIONS

6 AND ELIMINATION OF THE PROCESS OF RE7 CONSIDERATION OF SUCH DECISIONS.

8 (a) PROCEDURES FOR DECISIONS INVOLVING DE9 TERMINATIONS OF DISABILITY.—Section 205(b) of the

10 Social Security Act (42 U.S.C. 405(b)) is amended—

11 (1) by redesignating paragraphs (2) and (3) as

12 paragraphs (3) and (4), respectively; and

13 (2) by inserting after paragraph (1) the follow14 ing new paragraph:

15 ‘‘(2) Any decision by the Secretary relating to initial

16 entitlement of an individual to payments under this title

17 which involves a determination of disability shall be made

18 only after opportunity for an evidentiary hearing which is

19 reasonably accessible to such individual. Opportunity for

20 a subsequent hearing with respect to any such decision

21 by the Secretary shall be available in accordance with this

22 subsection without any requirement for intervening recon23 sideration.’’.

24 (b) CONFORMING AMENDMENT.—Section 205(b)(4)

25 of such Act (as redesignated by subsection (a) of this sec-
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1 tion) is amended by striking ‘‘or an adverse determination

2 on reconsideration of such an initial determination’’.

3 (c) EFFECTIVE DATE.—The amendments made by

4 this section shall apply with respect to initial decisions re5 lating to entitlement to benefits under title II of the Social

6 Security Act made on or after January 1, 1994.

7 SEC. 3. MEDICAL INFORMATION TO BE COLLECTED AND

8 MAINTAINED IN MAKING DISABILITY DETER9 MINATIONS.

10 (a) IN GENERAL.—Section 221(h) of the Social Secu11 rity Act (42 U.S.C. 421(h)) is amended to read as follows:

12 ‘‘(h) An initial determination under subsection (a),

13 (c), (g), or (i) that an individual is not under a disability

14 shall be made only if the Secretary has made every reason15 able effort to ensure—

16 ‘‘(1) that the following medical information has

17 been compiled and maintained relating to the indi18 vidual’s case:

19 ‘‘(A) a detailed description from the indi20 vidual of his or her disability (including any

21 statement made by any family member, friend,

22 or employer of the individual describing the in23 dividual’s impairments which is offered for the

24 record by such individual);
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1 ‘‘(B) medical records relating to such indi2 vidual from hospitals, clinics, and health centers

3 where the individual was treated since the al4 leged onset of the disability;

5 ‘‘(C) medical records relating to such indi6 vidual from physicians treating the individual

7 since the alleged onset of the disability;

8 ‘‘(D) reports of any consultative examina9 tions, assessments of residual functional capac10 ity, assessments of pain, and other assessments

11 relating to the individual’s case which have been

12 performed by or under the Secretary; and

13 ‘‘(E) reports by social workers, therapists,

14 community mental health workers, and other

15 medical or vocational personnel whose services

16 the individual utilized since the onset of the dis17 ability; and

18 ‘‘(2) in any case in which there is evidence

19 which indicates the existence of a mental impair20 ment, that a qualified psychiatrist or psychologist

21 has completed the medical portion of the case review

22 and any applicable residual functional capacity as23 sessment.’’.

24 (b) EFFECTIVE DATE.—The amendments made by

25 this section shall apply with respect to initial determina-
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1 tions relating to disability under title II of the Social Secu2 rity Act made on or after January 1, 1994.

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