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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graph (B)) equal to or less than the level of monthly 
earnings established by the Commissioner to rep-
resent substantial gainful activity, the amount other-
wise applicable for such individual under subsection 
(a)(2); or 
‘‘(ii) in the case of an individual who has aver-
age monthly earnings (as determined under subpara-
graph (B)) that are in excess of the level of monthly 
earnings established by the Commissioner to rep-
resent substantial gainful activity, the amount of the 
disability insurance benefit that would otherwise 
apply for such individual under subsection (a)(2) re-
duced (but not below zero) by an amount equal to 
50 percent of the excess of such individual’s average 
monthly earnings over the level of monthly earnings 
established by the Commissioner to represent sub-
stantial gainful activity. 
‘‘(B)(i) The average monthly earnings for an eligible 
individual shall be equal to the quotient of— 
‘‘(I) the total amount of wages and self-employ-
ment income for such individual in any eligible 
months during the 2 calendar quarters (as defined 
in section 213(a)(1)) that precede the most recently 
completed calendar quarter; and 
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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, 2020. 
SEC. 7. INCREASED FUNDING FOR CONTINUING DISABILITY 
REVIEWS. 
Notwithstanding any other provision of law, for any 
calendar year after 2019— 
(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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