I 
114TH CONGRESS 
2D SESSION 
H. R. 5919 
To amend title II of the Social Security Act to improve the process by 
which the Social Security Administration makes disability determinations 
and awards disability benefits, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 18, 2016 
Mr. SCHWEIKERT 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 improve 
the process by which the Social Security Administration 
makes disability determinations and awards disability 
benefits, 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. 
This Act may be cited as the ‘‘Preserving and Re-
forming SSDI (PAR–SSDI) Act of 2016’’. 
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SEC. 2. CONSIDERATION OF VOCATIONAL FACTORS IN DIS-
ABILITY DETERMINATIONS. 
(a) LANGUAGE PROFICIENCY.—Section 223(d)(2) of 
the Social Security Act (42 U.S.C. 423(d)(2)) is amended 
by adding at the end the following: 
‘‘(D) In determining whether an individual is 
under a disability, the Commissioner shall make 
such determination without regard to the individ-
ual’s ability to communicate in English.’’. 
(b) QUARTERS OF COVERAGE REQUIREMENT.—Sec-
tion 223(d)(2) of the Social Security Act (42 U.S.C. 
423(d)(2)), as amended by subsection (a), is further 
amended by adding at the end the following: 
‘‘(E) In determining whether an individual is 
under a disability for a month, the Commissioner 
may not consider the individual’s vocational back-
ground unless the individual had not less than 16 
quarters of coverage during the 24-quarter period 
ending with the quarter in which such month oc-
curs.’’. 
(c) PERIODIC UPDATE OF VOCATIONAL AND EDU-
CATIONAL FACTORS.—Not later than 5 years after the 
date of the enactment of this Act and not later than the 
end of every subsequent 5-year period, the Commissioner 
of Social Security shall prepare and implement a complete 
update of the vocational and educational factors consid-
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ered in making disability determinations under title II of 
the Social Security Act. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to applications for dis-
ability insurance benefits filed on or after the date of the 
enactment of this Act. 
SEC. 3. DISQUALIFICATION ON RECEIPT OF DISABILITY IN-
SURANCE BENEFITS IN A MONTH FOR WHICH 
UNEMPLOYMENT 
COMPENSATION 
IS 
RE-
CEIVED. 
(a) IN GENERAL.—Section 223(d)(4) of the Social 
Security Act (42 U.S.C. 423(d)(4)) is amended by adding 
at the end the following: 
‘‘(C)(i) If for any week in whole or in part within 
a month an individual is paid or determined to be eligible 
for unemployment compensation, such individual shall be 
deemed to have engaged in substantial gainful activity for 
such month. 
‘‘(ii) For purposes of clause (i), the term ‘un-
employment compensation’ means— 
‘‘(I) 
‘regular 
compensation’, 
‘extended 
compensation’, and ‘additional compensation’ 
(as such terms are defined by section 205 of 
the Federal-State Extended Unemployment 
Compensation Act (26 U.S.C. 3304 note)); and 
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‘‘(II) trade adjustment assistance under 
title II of the Trade Act of 1974 (19 U.S.C. 
2251 et seq.).’’. 
(b) TRIAL WORK PERIOD.—Section 222(c) of the So-
cial Security Act (42 U.S.C. 422(c)) is amended by adding 
at the end the following: 
‘‘(6)(A) For purposes of this subsection, an individual 
shall be deemed to have rendered services in a month if 
the individual is entitled to unemployment compensation 
for such month. 
‘‘(B) For purposes of subparagraph (A), the 
term ‘unemployment compensation’ means— 
‘‘(i) ‘regular compensation’, ‘extended com-
pensation’, and ‘additional compensation’ (as 
such terms are defined by section 205 of the 
Federal-State Extended Unemployment Com-
pensation Act (26 U.S.C. 3304 note)); and 
‘‘(ii) trade adjustment assistance under 
title II of the Trade Act of 1974 (19 U.S.C. 
2251 et seq.).’’. 
(c) DATA MATCHING.—The Commissioner of Social 
Security shall implement the amendments made by this 
section using appropriate electronic data. 
(d) EFFECTIVE DATE.—The amendments made by 
this subsection shall apply with respect to individuals who 
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initially apply for disability insurance benefits on or after 
January 1, 2017. 
SEC. 4. ELIGIBILITY FOR MEDICARE. 
(a) IN GENERAL.—Section 226(b)(2) of the Social 
Security Act (42 U.S.C. 426(b)) is amended— 
(1) in subparagraph (A), by striking ‘‘24 cal-
endar months’’ and inserting ‘‘60 calendar months’’; 
(2) in subparagraph (B), by striking ‘‘24 
months’’ and inserting ‘‘60 months’’; 
(3) in subparagraph (C)(ii), by striking ‘‘24 
months’’ and inserting ‘‘60 months’’; and 
(4) in the matter following subparagraph 
(C)(ii)(II)— 
(A) by striking ‘‘twenty-fifth month’’ be-
fore ‘‘of his entitlement or status’’ and inserting 
‘‘sixty-first month’’; and 
(B) by striking ‘‘ ‘twenty-fifth month of his 
entitlement’ refers to the first month after the 
twenty-fourth month’’ and inserting ‘‘ ‘sixty- 
first month of his entitlement’ refers to the first 
month after the sixtieth month’’. 
(b) CONFORMING AMENDMENTS.—Section 226 of 
such Act (42 U.S.C. 426), as amended by subsection (a), 
is further amended— 
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(1) in subsection (e)(1)(B), by striking ‘‘24 
months’’ and inserting ‘‘60 months’’; and 
(2) in subsection (f), by striking ‘‘24 months’’ 
and inserting ‘‘60 months’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to applications for dis-
ability insurance benefits filed on or after the date of the 
enactment of this Act. 
SEC. 5. INCLUSION OF UNEARNED INCOME IN DETERMINA-
TION OF SUBSTANTIAL GAINFUL ACTIVITY. 
(a) IN GENERAL.—Section 223(d)(4) of the Social 
Security Act (42 U.S.C. 423(d)(4)), as amended by sec-
tion 3(b), is further amended by adding at the end the 
following: 
‘‘(D)(i) If the amount of unearned income (as defined 
in section 1612) of an individual for a month is equal to 
or greater than the monthly income limit for such month, 
the individual shall be deemed to have engaged in substan-
tial gainful activity for such month. 
‘‘(ii) For purposes of this subparagraph, the monthly 
income limit is the amount of earnings derived from serv-
ices, prescribed by the Commissioner under regulations 
issued pursuant to subparagraph (A), sufficient to dem-
onstrate an individual’s ability to engage in substantial 
gainful activity for a month.’’. 
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(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to monthly insur-
ance benefits paid for months beginning after the date 
that is 1 year after the date of the enactment of this Act. 
SEC. 6. MEDICAL EVIDENCE IN DISABILITY DETERMINA-
TIONS. 
(a) EXCLUSION OF MEDICAL EVIDENCE THAT IS 
NOT SUBMITTED IN ITS ENTIRETY OR FURNISHED BY A 
LICENSED PRACTITIONER.—Section 223(d)(5) of the So-
cial Security Act (42 U.S.C. 423(d)(5)) is amended— 
(1) in subparagraph (B), by striking ‘‘In’’ and 
inserting ‘‘Subject to subparagraphs (C) and (D), 
in’’; and 
(2) by adding at the end the following new sub-
paragraphs: 
‘‘(C)(i) An individual and, if applicable, such individ-
ual’s representative shall submit, in its entirety and with-
out redaction, all relevant medical evidence known to the 
individual or the representative to the Commissioner of 
Social Security. 
‘‘(ii) In the case of a hearing before an adminis-
trative law judge to determine if an individual is 
under a disability (as defined in paragraph (1)), the 
Commissioner of Social Security shall not consider 
any piece of medical evidence furnished by an indi-
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vidual or such individual’s representative unless such 
individual and, if applicable, such individual’s rep-
resentative, certifies at the hearing that all relevant 
medical evidence has been submitted in its entirety 
and without redaction. 
‘‘(iii) For purposes of this subparagraph, the 
term ‘relevant medical evidence’ means any medical 
evidence relating to the individual’s claimed physical 
or mental impairments that the Commissioner of So-
cial Security should consider to determine whether 
the individual is under a disability, regardless of 
whether such evidence is favorable or unfavorable to 
the individual’s case, but shall not include any oral 
or written communication or other document ex-
changed between the individual and such individual’s 
attorney representative that are subject to attorney- 
client privilege or work product doctrine, unless the 
individual voluntarily discloses such communication 
to the Commissioner. Neither the attorney-client 
privilege nor the work product doctrine shall prevent 
from disclosure medical evidence, medical source 
opinions, or any other factual matter that the Com-
missioner may consider in determining whether or 
not the individual is entitled to benefits. 
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‘‘(iv) Any individual or representative who 
knowingly violates this subparagraph shall be guilty 
of making a false statement or representation of ma-
terial fact, shall be subject to civil and criminal pen-
alties under sections 208 and 1129, and, in the case 
of a representative, shall be suspended or disquali-
fied from appearing before the Social Security Ad-
ministration. 
‘‘(D) The Commissioner of Social Security shall not 
consider any evidence furnished by a physician or health 
care practitioner who is not licensed or has been sanc-
tioned.’’. 
(b) HEALTH CARE PROVIDERS SUPPLYING CON-
SULTATIVE EXAMS.— 
(1) IN GENERAL.—Beginning 1 year after the 
date of enactment of this Act, in determining wheth-
er an individual applying for disability insurance 
benefits under title II of the Social Security Act is 
disabled, the Commissioner of Social Security shall 
not consider medical evidence resulting from a con-
sultative exam with a health care provider conducted 
for the purpose of supporting the individual’s appli-
cation unless the evidence is accompanied by a Med-
ical Consultant Acknowledgment Form signed by the 
health care provider who conducted the exam. 
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(2) MEDICAL CONSULTANT ACKNOWLEDGMENT 
FORM.— 
(A) DEFINITION.—As used in this sub-
section, the term ‘‘Medical Consultant Acknowl-
edgment Form’’ means a form published by the 
Commissioner of Social Security that meets the 
requirements of subparagraph (B). 
(B) REQUIREMENTS.—The Commissioner 
of Social Security shall develop the Medical 
Consultant Acknowledgment Form and make it 
available to the public not later than 6 months 
after the date of enactment of this Act. The 
contents of the Medical Consultant Acknowledg-
ment Form shall include— 
(i) information on how medical evi-
dence is used in disability determinations; 
(ii) instructions on completing a resid-
ual functional capacity form; 
(iii) information on the legal and eth-
ical obligations of a health care provider 
who supplies medical evidence for use in a 
disability determination, including any civil 
or criminal penalties that may be imposed 
on a health care provider who supplies 
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medical evidence for use in a disability de-
termination; and 
(iv) a statement that the signatory 
has read and understands the contents of 
the form. 
(3) PENALTIES
FOR
FRAUD.—In addition to 
any other penalties that may be prescribed by law, 
any individual who forges a signature on a Medical 
Consultant Acknowledgment Form submitted to the 
Commissioner of Social Security shall be guilty of 
making a false statement or representation of mate-
rial fact, and upon conviction shall be subject to civil 
and criminal penalties under sections 208 and 1129 
of the Social Security Act and, in the case of a rep-
resentative, shall be suspended or disqualified from 
appearing before the Social Security Administration. 
(c) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply with respect to applications for 
disability insurance benefits filed on or after the date of 
the enactment of this Act. 
SEC. 7. CHANGE IN INDEX USED TO CALCULATE SOCIAL SE-
CURITY COST-OF-LIVING ADJUSTMENTS. 
(a) IN GENERAL.—Section 215(i)(1) of the Social Se-
curity Act (42 U.S.C. 415(i)(1)) is amended— 
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(1) in subparagraph (G), by striking the period 
at the end and inserting ‘‘; and’’; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(H) the term ‘Consumer Price Index’ means 
the Chained Consumer Price Index for All Urban 
Consumers (C–CPI–U, as published in its initial 
version by the Bureau of Labor Statistics of the De-
partment of Labor).’’. 
(b) APPLICATION TO PRE-1979 LAW.— 
(1) IN GENERAL.—Section 215(i)(1) of the So-
cial Security Act as in effect in December 1978, and 
as applied in certain cases under the provisions of 
such Act as in effect after December 1978, is 
amended— 
(A) in subparagraph (C), by striking the 
period at the end and inserting ‘‘; and’’; and 
(B) by adding at the end the following new 
subparagraph: 
‘‘(D) the term ‘Consumer Price Index’ means 
the Chained Consumer Price Index for All Urban 
Consumers (C–CPI–U, as published in its initial 
version by the Bureau of Labor Statistics of the De-
partment of Labor).’’. 
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(2) CONFORMING CHANGE.—Section 215(i)(4) 
of the Social Security Act (42 U.S.C. 415(i)(4)) is 
amended by inserting ‘‘and by section 231 of the 
Preserving and Reforming SSDI (PAR–SSDI) Act 
of 2016’’ after ‘‘1986’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to adjustments effec-
tive with or after the first December that begins at least 
3 years after the date of the enactment of this Act. 
SEC. 8. THIRD-PARTY INCOME VERIFICATION. 
(a) IN GENERAL.—Section 223(i) of the Social Secu-
rity Act (42 U.S.C. 423(i)) is amended— 
(1) by redesignating paragraph (5) as para-
graph (6); and 
(2) by inserting after paragraph (4) the fol-
lowing: 
‘‘(5)(A) In any case in which the Commissioner of 
Social Security initiates a review under this subsection of 
the case of an individual who has been determined to be 
under a disability, such review shall include an inde-
pendent estimate by a qualified social security income 
verification contractor of such individual’s monthly income 
at the time of such review. 
‘‘(B) Upon initiating a review of an individual under 
this subsection, the Commissioner of Social Security shall 
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provide such individual’s name, address, and social secu-
rity account number to a qualified social security income 
verification contractor for purposes of obtaining the inde-
pendent estimate described in subparagraph (A). 
‘‘(C)(i) Not later than 60 days after the date of the 
enactment of this paragraph, the Commissioner of Social 
Security shall enter into one or more qualified income 
verification contracts. 
‘‘(ii) For purposes of this paragraph, the term ‘quali-
fied social security income verification contract’ means any 
contract which is for the services of any person (other than 
an officer or employee of the Social Security Administra-
tion)— 
‘‘(I) to provide an estimate (based on the best 
information available to such person) of the income 
of any individual specified by the Commissioner as 
described in subparagraph (A); 
‘‘(II) to provide such information regarding the 
basis for such estimate as the Commissioner may 
specify; and 
‘‘(III) that prohibits each person providing such 
services from contacting the individual, employers of 
the individual, members of the individual’s family, 
and such other persons as the Commissioner may 
specify. 
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‘‘(iii) For purposes of this section, the term ‘qualified 
social security income verification contractor’ means the 
person providing services to the Secretary under a quali-
fied social security income verification contract. 
‘‘(D)(i) Nothing in any provision of law shall be con-
strued to prevent the Secretary from— 
‘‘(I) entering into a qualified social security in-
come verification contract, or 
‘‘(II) providing identifying information to a 
qualified social security income verification con-
tractor as provided in this paragraph. 
‘‘(ii) The United States shall not be liable for any 
act or omission of any person performing services under 
a qualified social security income verification contract. 
‘‘(E) In any case in which an independent estimate 
conducted pursuant to this paragraph with respect to an 
individual entitled to disability insurance benefits dem-
onstrates that such individual failed to accurately report 
any monthly income, the Commissioner of Social Security 
shall conduct an investigation of such individual to deter-
mine whether such individual’s monthly income dem-
onstrates the individual’s ability to engage in substantial 
gainful activity.’’. 
Æ 
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