I 
115TH CONGRESS 
1ST SESSION H. R. 1540 
To help individuals receiving disability insurance benefits under title II of 
the Social Security Act obtain rehabilitative services and return to the 
workforce, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 15, 2017 
Mr. HILL (for himself and Mr. PITTENGER) introduced the following bill; 
which was referred to the Committee on Ways and Means 
A BILL 
To help individuals receiving disability insurance benefits 
under title II of the Social Security Act obtain rehabilita-
tive services and return to the workforce, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Social Security Disability Insurance Return to Work 
Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
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Sec. 1. Short title; table of contents. 
Sec. 2. Revising disability classifications. 
Sec. 3. Requiring periodic continuing disability reviews for certain beneficiaries. 
Sec. 4. Regulations related to disability classifications and CDRs. 
Sec. 5. Time-limiting disability benefits for MIE and MIL individuals. 
Sec. 6. Encouraging work by MIE and MIL individuals. 
Sec. 7. Increased funding for continuing disability reviews. 
SEC. 2. REVISING DISABILITY CLASSIFICATIONS. 
Section 221 of the Social Security Act (42 U.S.C. 
421) is amended by adding at the end the following new 
subsection: 
‘‘(n)(1) Not later than 1 year after the date of the 
enactment of this subsection, the Commissioner of Social 
Security shall establish a system for classifying any indi-
vidual who is determined to be entitled to disability insur-
ance benefits under this title or to monthly benefits under 
section 202 by reason of being under a disability in the 
following manner: 
‘‘(A) An individual shall be classified as ‘med-
ical improvement expected’ if the impairment or 
combination of impairments causing the individual 
to be disabled is expected to medically improve to 
the point where the individual will no longer be dis-
abled in 12 to 24 months. 
‘‘(B) An individual shall be classified as ‘med-
ical improvement likely’ if the impairment or com-
bination of impairments causing the individual to be 
disabled is expected to medically improve to the 
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point where the individual will no longer be disabled 
in 25 months to 60 months. 
‘‘(C) An individual shall be classified as ‘med-
ical improvement possible’ if the impairment or com-
bination of impairments causing the individual to be 
disabled is not expected to medically improve to the 
point where the individual will no longer be disabled 
in 60 months, but future improvement is possible. 
‘‘(D) An individual shall be classified as ‘med-
ical improvement not expected’ if the individual has 
an impairment or combination of impairments that 
is chronic or progressive with permanent, irreversible 
structural or functional loss, and for which there is 
no known effective therapy, treatment, or surgical 
intervention that could result in medical improve-
ment to the point where the individual is no longer 
disabled. 
‘‘(2) In classifying an individual under the system es-
tablished under this subsection, the Commissioner of So-
cial Security shall not classify an individual as ‘medical 
improvement not expected’ solely by reason of such indi-
vidual’s age where a lesser classification is appropriate. 
‘‘(3) Notwithstanding section 205(b)(1) or subsection 
(c)(1) or (d) of this section, there shall be no review of, 
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or right to appeal, a classification made under the system 
established under this subsection.’’. 
SEC. 3. REQUIRING PERIODIC CONTINUING DISABILITY RE-
VIEWS FOR CERTAIN BENEFICIARIES. 
(a) IN GENERAL.—Section 221(i) of the Social Secu-
rity Act (42 U.S.C. 421(i)) is amended— 
(1) by amending paragraph (1) to read as fol-
lows: 
‘‘(1)(A) In the case of any individual who has not 
attained age 63, is determined to be under a disability, 
and is classified as ‘medical improvement possible’ or 
‘medical improvement not expected’, the applicable State 
agency or the Commissioner of Social Security (as may 
be appropriate) shall, for purposes of determining such in-
dividual’s continuing disability— 
‘‘(i) if the individual is classified as ‘medical im-
provement possible’, conduct a review to determine 
whether the individual remains under a disability 
during the 5th year following the first month after 
the individual’s waiting period (as defined in section 
223(c)(2)); and 
‘‘(ii) if the individual is classified as ‘medical 
improvement not expected’, conduct a review to de-
termine whether the individual remains under a dis-
ability during the 10th year following the first 
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month after the individual’s waiting period (as so 
defined). 
‘‘(B) In addition to the continuing disability reviews 
required under subparagraph (A) and notwithstanding 
how an individual is classified under the system estab-
lished by the Commissioner of Social Security under sub-
section (n), if the Commissioner has reason to believe that 
an individual that has been determined to be under a dis-
ability is not under a disability, the Commissioner may 
review such individual’s case at such time and in such 
manner as the Commissioner determines appropriate ex-
cept that the Commissioner shall not initiate a review on 
the basis of income earned by an individual who is a par-
ticipant in the process established under section 223(l). 
‘‘(C) Reviews of cases which are required or per-
mitted under this paragraph shall be in addition to, and 
shall not be considered as a substitute for, any other re-
views which are required or provided for under or in the 
administration of this title.’’; 
(2) by striking paragraph (2); and 
(3) by redesignating paragraphs (3) through 
(5) as paragraphs (2) through (4), respectively. 
(b) STANDARD OF REVIEW FOR CONTINUING DIS-
ABILITY REVIEWS.— 
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(A) in subparagraph (A), by striking ‘‘An 
individual’’ and inserting ‘‘Subject to subpara-
graph (D), an individual’’; and 
(B) by adding at the end the following new 
subparagraph: 
‘‘(D) In the case of a continuing disability re-
view under section 221(i), an individual may be 
found to be under a disability even though the indi-
vidual is engaged in substantial gainful work as part 
of the process established under subsection (l).’’. 
SEC. 4. REGULATIONS RELATED TO DISABILITY CLASSI-
FICATIONS AND CDRS. 
The Commissioner of Social Security shall promul-
gate or revise, as appropriate, regulations relating to the 
determination, classification, and review of the disability 
status of individuals who apply for or receive disability in-
surance benefits under title II of the Social Security Act 
and related provisions of agency guidance to carry out sec-
tion 2 and the amendments made by section 3. 
SEC. 5. TIME-LIMITING DISABILITY BENEFITS FOR MIE AND 
MIL INDIVIDUALS. 
Section 223 of the Social Security Act (42 U.S.C. 
423) is amended— 
(1) in subsection (a)(1), in the flush language 
after and below subparagraph (E), by striking ‘‘sub-
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section (e)’’ and inserting ‘‘subsections (e) and (k)’’; 
and 
(2) by adding at the end the following new sub-
section: 
‘‘Time-Limited Disability Benefits 
‘‘(k)(1) In the case of an individual who files an appli-
cation for disability insurance benefits under this section 
or for monthly benefits under section 202 by reason of 
being under a disability for any month that begins on or 
after the date that is 1 year after the date of the enact-
ment of the Social Security Disability Insurance Return 
to Work Act, is determined to be under a disability, and 
is classified by the Commissioner of Social Security as 
‘medical improvement expected’ or ‘medical improvement 
likely’, the termination month applicable to the individual 
shall be— 
‘‘(A) if the individual has been classified as 
‘medical improvement expected’, the 23rd month fol-
lowing the first month after the individual’s waiting 
period (as defined in subsection (c)(2)); or 
‘‘(B) if the individual has been classified as 
‘medical improvement likely’, the 59th month fol-
lowing the first month after the individual’s waiting 
period (as so defined). 
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‘‘(2)(A)(i) For purposes of this paragraph, the term 
‘timely reapplication’ means an application for disability 
insurance benefits under this section or for monthly bene-
fits under section 202 by reason of being under a disability 
that is submitted— 
‘‘(I) by an individual who is a recipient of such 
benefits; and 
‘‘(II) during the period that is 14 months be-
fore the end of the termination month applicable (or 
most recently applicable) to the individual under 
paragraph (1) as of the date of such application and 
ending with the date that is 12 months before the 
end of such termination month. 
‘‘(ii) Notwithstanding clause (i), the Commissioner of 
Social Security may deem an application for disability in-
surance benefits under this section or for monthly benefits 
under section 202 by reason of being under a disability 
submitted by an individual who is a recipient of such bene-
fits that is submitted after the period described in clause 
(i)(II) to be a timely reapplication if— 
‘‘(I) the individual can show good cause for why 
the application was not submitted during such pe-
riod; and 
‘‘(II) the application is submitted not later than 
6 months before the end of the termination month 
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applicable (or most recently applicable) to the indi-
vidual under paragraph (1) as of the date of such 
application. 
‘‘(B)(i) An individual who submits a timely reapplica-
tion and who is determined to be under a disability shall 
be deemed to have satisfied the waiting period applicable 
under subsection (c)(2). 
‘‘(ii)(I) If the Commissioner of Social Security fails 
to make an initial determination with respect to the timely 
reapplication of an individual who is a recipient of dis-
ability insurance benefits under this section or monthly 
benefits under section 202 by reason of being under a dis-
ability before the end of the termination month applicable 
to the individual as of the date of such reapplication, such 
individual shall continue to be entitled to such benefits 
until an initial determination with respect to such timely 
reapplication is made. 
‘‘(II) If the Commissioner of Social Security makes 
an initial adverse determination with respect to the timely 
reapplication of an individual who is a recipient of dis-
ability insurance benefits under this section or monthly 
benefits under section 202 by reason of being under a dis-
ability and such individual files a timely request for a 
hearing under section 221(d), such individual may elect 
to have the payment of such benefits (as well as any other 
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benefits payable under this title or title XVIII on the basis 
of such individual’s entitlement to such benefits) continue 
in the same manner and subject to the same conditions 
as an election made under subsection (g). 
‘‘(C) For purposes of reviewing a timely reapplication 
submitted by an individual who is a recipient of disability 
insurance benefits under this section or monthly benefits 
under section 202 by reason of being under a disability— 
‘‘(i) the fact that the individual was previously 
found to be under a disability shall have no evi-
dentiary weight; 
‘‘(ii) the fact that the individual participated in 
the process established under subsection (l) may be 
taken into account for purposes of determining 
whether such individual is under a disability; and 
‘‘(iii) subsection (f) shall not apply.’’. 
SEC. 6. ENCOURAGING WORK BY MIE AND MIL INDIVID-
UALS. 
(a) IN GENERAL.—Section 223 of the Social Security 
Act (42 U.S.C. 423), as amended by section 5, is further 
amended— 
(1) in subsection (a)(2), by striking ‘‘section 
202(q) and section 215(b)(2)(A)(ii)’’ and inserting 
‘‘subsection 
(l) 
and 
sections 
202(q) 
and 
215(b)(2)(A)(ii)’’; and 
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(2) by adding at the end the following new sub-
section: 
‘‘Treatment of Work Performed by Certain Disabled 
Individuals 
‘‘(l)(1) The Commissioner of Social Security shall es-
tablish a process whereby an eligible individual who is enti-
tled to a disability insurance benefit under this section 
may elect to return to employment and receive an adjusted 
disability insurance benefit amount (as determined pursu-
ant to paragraph (3)). 
‘‘(2)(A) For purposes of this subsection, the term ‘eli-
gible individual’ means an individual who has been classi-
fied as ‘medical improvement expected’ or ‘medical im-
provement likely’. 
‘‘(B) Participation by an eligible individual in the 
process established under this subsection shall be sus-
pended if such individual has no reported wages or self- 
employment income for the 4 preceding calendar quarters 
(as defined in section 213(a)(1)). 
‘‘(3)(A) For purposes of subsection (a)(2), the 
amount of the disability insurance benefit provided to an 
eligible individual who has elected to return to employment 
for any month shall be equal to— 
‘‘(i) in the case of an individual who has aver-
age monthly earnings (as determined under subpara-
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‘‘(II) the total number of eligible months during 
such 2-calendar-quarter period. 
‘‘(ii) For purposes of clause (i), the term ‘eligible 
month’ means any month subsequent to the month in 
which an eligible individual became entitled to a disability 
insurance benefit. 
‘‘(4) For purposes of paragraph (3)(B), wages and 
self-employment income of an individual shall be deter-
mined based on relevant information for such individual 
as provided by the State agency responsible for the admin-
istration of State unemployment compensation law. 
‘‘(5) For purposes of an eligible individual who has 
elected to return to employment under this subsection, any 
services performed or earnings derived from services dur-
ing the period of such participation shall not be considered 
for purposes of demonstrating an individual’s ability to en-
gage in substantial gainful activity under subsection (d)(4) 
and shall not be considered substantial gainful activity for 
purposes of subsection (e). 
‘‘(6) For purposes of this title, the disability insur-
ance benefit received by an individual under this sub-
section shall not be applied for purposes of determining 
any monthly benefits payable to any other individuals enti-
tled to benefits for any month based on the wages and 
self-employment income of such individual.’’. 
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(b) 
CONFORMING
AMENDMENT.—Section 
221(m)(2)(B) of the Social Security Act (42 U.S.C. 
421(m)(2)(B)) is amended by inserting ‘‘(unless such indi-
vidual is participating in the process established under 
section 223(l))’’ before the period. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to benefits payable for months be-
ginning on or after April 1, 2018. 
SEC. 7. INCREASED FUNDING FOR CONTINUING DISABILITY 
REVIEWS. 
Notwithstanding any other provision of law, for any 
calendar year after 2017— 
(1) the Commissioner of Social Security shall 
determine the amount of any reduction in expendi-
tures from the Federal Disability Insurance Trust 
Fund (as defined in section 201(b) of the Social Se-
curity Act (42 U.S.C. 401(b))) during the preceding 
calendar year by reason of the provisions of this Act 
and the amendments made by this Act; and 
(2) 10 percent of the amount determined under 
paragraph (1) shall be authorized to be made avail-
able from the Federal Disability Insurance Trust 
Fund for continuing disability reviews (as defined in 
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section 201(g)(1)(A) of the Social Security Act (42 
U.S.C. 401(g)(1)(A))). 
Æ 
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