I 

111TH CONGRESS 

1ST SESSION H. R. 3469 

To amend title II of the Social Security Act to provide that disability determinations under such title on the basis of hearings by the Commissioner 

of Social Security are made on a timely basis and to require the Commissioner to establish a program for monitoring each year the number 

of disability determinations which are in reconsideration. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 31, 2009 

Ms. CASTOR of Florida (for herself, Mr. BERMAN, Mr. BISHOP of New York, 

Mr. BOCCIERI, Ms. BORDALLO, Mr. BOREN, Mr. BOUCHER, Mr. BRADY

of Pennsylvania, Ms. CORRINE BROWN of Florida, Mr. BUCHANAN, Mr. 

BURGESS, Mr. BUTTERFIELD, Mr. CARDOZA, Mr. CARNAHAN, Mr. CARNEY, Mr. CHILDERS, Mr. CLEAVER, Mr. CONNOLLY of Virginia, Mr. 

COSTELLO, Mrs. DAVIS of California, Mr. DELAHUNT, Ms. DELAURO, 

Mr. DONNELLY of Indiana, Ms. EDWARDS of Maryland, Mr. ELLISON, 

Mr. ETHERIDGE, Mr. FALEOMAVAEGA, Mr. FARR, Ms. FUDGE, Ms. GIFFORDS, Mr. GONZALEZ, Mr. GORDON of Tennessee, Mr. GRAYSON, Mr. 

GENE GREEN of Texas, Mr. GRIJALVA, Mr. GUTIERREZ, Mr. HARE, Mr. 

HILL, Mr. HINCHEY, Mr. HINOJOSA, Mr. HOLT, Mr. ISRAEL, Mr. JACKSON of Illinois, Mr. JOHNSON of Georgia, Mr. KAGEN, Ms. KAPTUR, Mr. 

KENNEDY, Ms. KILPATRICK of Michigan, Mr. KISSELL, Mr. KLEIN of 

Florida, Mr. LANGEVIN, Ms. LEE of California, Mrs. LOWEY, Mr. 

LYNCH, Mrs. MALONEY, Mr. MARKEY of Massachusetts, Mr. MASSA, Ms. 

MATSUI, Mr. MCGOVERN, Mr. MCHUGH, Mr. MCINTYRE, Mr. MEEK of 

Florida, Mr. MEEKS of New York, Mr. MICHAUD, Ms. MOORE of Wisconsin, Mrs. NAPOLITANO, Mr. NYE, Mr. OLVER, Mr. ORTIZ, Mr. PAYNE, 

Mr. RAHALL, Mr. RODRIGUEZ, Mr. ROSS, Mr. ROTHMAN of New Jersey, 

Ms. ROYBAL-ALLARD, Mr. RUPPERSBERGER, Mr. RUSH, Mr. SARBANES, 

Mr. SCHIFF, Mr. SCOTT of Virginia, Mr. SIRES, Mr. SNYDER, Mr. 

SPACE, Ms. SUTTON, Mr. TAYLOR, Mr. THOMPSON of California, Mr. 

THOMPSON of Mississippi, Mr. WALZ, Ms. WASSERMAN SCHULTZ, Ms. 

WATSON, Mr. WEXLER, Mr. WILSON of Ohio, Mr. WU, and Mr. YOUNG

of Florida) introduced the following bill; which was referred to the Committee on Ways and Means 


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•HR 3469 IH

A BILL 

To amend title II of the Social Security Act to provide 

that disability determinations under such title on the 

basis of hearings by the Commissioner of Social Security 

are made on a timely basis and to require the Commissioner to establish a program for monitoring each year 

the number of disability determinations which are in 

reconsideration. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Timely Due Process 

5 for People with Disabilities Act of 2009’’. 

6 SEC. 2. ESTABLISHMENT OF TIME FRAMES TO ENSURE 

7 TIMELY DISABILITY DETERMINATIONS. 

8 (a) IN GENERAL.—Section 221(d) of such Act (42 

9 U.S.C. 421(d)) is amended— 

10 (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and 

11 (2) by adding at the end the following new 

12 paragraph: 

13 ‘‘(2) The Commissioner of Social Security shall en14 sure that— 

15 ‘‘(A) the scheduling of the date for the hearing 

16 described in paragraph (1) occurs before the end of 

17 the period of 5 business days after the date of the 

18 request for the hearing; 


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•HR 3469 IH

1 ‘‘(B) the date scheduled for the hearing is dur2 ing the period of 15 business days after the period 

3 of 60 business days after the date of the request; 

4 and 

5 ‘‘(C) any disability determination on the basis 

6 of the hearing is issued before the end of the period 

7 of 15 business days after the date on which the 

8 hearing is concluded.’’. 

9 (b) EFFECTIVE DATE.— 

10 (1) IN GENERAL.—The amendments made by 

11 this section shall apply with respect to hearings 

12 under section 221(d) of the Social Security Act com13 menced on or after the date of the enactment of this 

14 Act. 

15 (2) HEARINGS REQUESTED PRIOR TO DATE OF

16 ENACTMENT.—In the case of any hearing described 

17 in paragraph (1) which was requested prior to the 

18 date of the enactment of this Act— 

19 (A) the requirements of subparagraph (A) 

20 of section 221(d)(2) of such Act (as added by 

21 subsection (a)) shall apply as if the date of the 

22 request for the hearing is the date of the enact23 ment of this Act; and 

24 (B) the requirements of subparagraph (B) 

25 of such section 221(d)(2) shall be treated as 


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•HR 3469 IH

1 met if the date scheduled for the hearing is 

2 during the period of 15 business days following 

3 the later of the last day of the period of 60 

4 business days referred to in such subparagraph 

5 or the date of the enactment of this Act. 

6 SEC. 3. MONITORING OF DISABILITY DETERMINATIONS IN 

7 RECONSIDERATION. 

8 Section 221 of the Social Security Act (42 U.S.C. 

9 421) is amended by adding at the end the following new 

10 subsection: 

11 ‘‘(n) The Commissioner of Social Security shall estab12 lish and maintain a program under which— 

13 ‘‘(1) there is established a target number for 

14 disability determinations under this section which 

15 are in reconsideration at the end of each year, and 

16 ‘‘(2) progress toward attaining that target is 

17 regularly monitored and assessed during the year.’’. 

Æ 


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