I
105TH CONGRESS
2D SESSION
H. R. 3459
To amend title XVI of the Social Security Act to require the medical improve-
ment standard to be used in redetermining the eligibility of 18-year-
olds for supplemental security income benefits by reason of disability,
and to allow funds in dedicated savings accounts to be used for food,
clothing, shelter, utility, and personal items of a child.
IN THE HOUSE OF REPRESENTATIVES
MARCH 12, 1998
Mr. RUSH (for himself, Mr. WAXMAN, and Mr. MARTINEZ) introduced the
following bill; which was referred to the Committee on Ways and Means
A BILL
To amend title XVI of the Social Security Act to require
the medical improvement standard to be used in redeter-
mining the eligibility of 18-year-olds for supplemental
security income benefits by reason of disability, and to
allow funds in dedicated savings accounts to be used
for food, clothing, shelter, utility, and personal items
of a child.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Disabled Children’s
Fairness Act of 1998’’.
SEC. 2. USE OF MEDICAL IMPROVEMENT STANDARD IN SSI
DISABILITY 
ELIGIBILITY 
REDETERMINA-
TIONS FOR 18-YEAR-OLDS.
(a) IN GENERAL.—Section 1613(a)(3)(H)(iii) of the
Social Security Act (42 U.S.C. 1382c(a)(3)(H)(iii)) is
amended to read as follows:
‘‘(iii) If an individual is eligible for benefits under this
title by reason of disability for the month preceding the
month in which the individual attains the age of 18 years,
the Commissioner shall redetermine such eligibility—
‘‘(I) during the 1-year period beginning on the
individual’s 18th birthday or, in lieu of a continuing
disability review, whenever the Commissioner deter-
mines that an individual’s case is subject to a rede-
termination under this clause; and
‘‘(II) by applying paragraph (4).’’.
(b) APPLICABILITY.—The amendment made by sub-
section (a) shall apply to redeterminations made on or
after the date of the enactment of this Act.
SEC. 3. USE OF DEDICATED SAVINGS ACCOUNT FUNDS FOR
FOOD, CLOTHING, SHELTER, UTILITY, AND
PERSONAL ITEMS OF DISABLED CHILDREN.
(a) IN GENERAL.—Section 1631(a)(2)(F)(ii)(II) of
the Social Security Act (42 U.S.C. 1383(a)(2)(F)(ii)(II))
is amended—
(1) by striking ‘‘or’’ at the end of item (ff);
(2) by redesignating item (gg) as item (hh) and
inserting after item (ff) the following:
‘‘(gg) food, clothing, shelter, utility, or personal
items; or’’; and
(3) by striking ‘‘(gg),’’ and inserting ‘‘(hh),’’.
(b) APPEAL RIGHTS.—Section 1631(c)(1)(A) of such
Act (42 U.S.C. 1383(c)(1)(A)) is amended by inserting
after the 3rd sentence the following: ‘‘The Commissioner
of Social Security shall provide reasonable notice and op-
portunity for a hearing and review to an eligible individual
or eligible spouse (or the representative payee for an eligi-
ble individual or eligible spouse) who is in disagreement
with any determination to disallow an expense from an
account established for the eligible individual or eligible
spouse (or by the representative payee) under subsection
(a)(2)(F), if the eligible individual or eligible spouse (or
the representative payee) requests a hearing or review on
the matter in disagreement within sixty days after notice
of such determination is received, and, if a hearing or re-
view is held, shall, on the basis of evidence adduced at
the hearing or review affirm, modify, or reverse his find-
ings of fact and such decision. A determination described
in the preceding sentence shall be considered to be an ini-
tial determination for purposes of any further administra-
tive action.’’.
(c) APPLICABILITY.—The amendments made by sub-
section (a) shall apply to expenditures made before, on,
or after the date of the enactment of this Act.
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