I 
111TH CONGRESS 
1ST SESSION 
H. R. 886 
To amend title II of the Social Security Act to apply an earnings test 
in determining the amount of monthly insurance benefits for individuals 
entitled to disability insurance benefits based on blindness. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 4, 2009 
Mr. LEWIS of Georgia 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 apply an 
earnings test in determining the amount of monthly in-
surance benefits for individuals entitled to disability in-
surance benefits based on blindness. 
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 ‘‘Blind Persons Return 
to Work Act of 2009’’. 
VerDate Nov 24 2008 
06:38 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H886.IH
H886
smartinez on PROD1PC64 with BILLS
SEC. 2. APPLICATION OF EARNINGS TEST IN DETERMINING 
THE AMOUNT OF MONTHLY INSURANCE BEN-
EFITS FOR BLIND BENEFICIARIES. 
(a) IN GENERAL.—Section 203 of the Social Security 
Act (42 U.S.C. 403) is amended— 
(1) in subsection (b)(1)(A), by striking ‘‘bene-
fits under section 202 for any month’’ and inserting 
the following: ‘‘benefits for any month under section 
202 or, in the case of an individual who is entitled 
to disability insurance benefits and whose disability 
consists 
of 
blindness 
(as 
defined 
in 
section 
216(i)(1)), under section 223’’; 
(2) in subsection (f)(1)— 
(A) by striking ‘‘entitled for such month 
under section 202’’ the following: ‘‘entitled for 
such month, under section 202 or, in the case 
of an individual who is entitled to disability in-
surance benefits and whose disability consists of 
blindness (as defined in section 216(i)(1)), 
under section 223,’’; 
(B) by inserting ‘‘is entitled under section 
202 or 223’’ after ‘‘payments to which such in-
dividual’’; and 
(C) by striking ‘‘subsection (a), (b), (c), 
(d), (e), (f), (g), or (h) of section 202 (without 
having been entitled for the preceding month to 
VerDate Nov 24 2008 
06:38 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H886.IH
H886
smartinez on PROD1PC64 with BILLS
a benefit under any other of such subsections)’’ 
and inserting ‘‘the provisions of subsection (a), 
(b), (c), (d), (e), (f), (g), or (h) of section 202 
or the provisions of section 223 (without having 
been entitled for the preceding month to a ben-
efit under any other of such provisions)’’; 
(3) in subsection (f)(3)— 
(A) by inserting ‘‘(A)’’ after ‘‘(3)’’; 
(B) in the first sentence, by inserting 
‘‘subject to subparagraphs (B) and (D),’’ after 
‘‘subsection (h),’’, by striking ‘‘months in such 
year,’’ and inserting ‘‘months in such year.’’, 
and by striking ‘‘except that, in determining’’ 
and inserting the following: 
‘‘(B) For purposes of subparagraph (A), notwith-
standing section 211(e), the number of months in the tax-
able year in which an individual dies shall be 12. 
‘‘(C) In determining’’; 
(C) by striking the sentence beginning with 
‘‘For purposes of the preceding sentence,’’; 
(D) by redesignating the last sentence as 
subparagraph (E) and, in such subparagraph 
(E), by striking ‘‘the first sentence of’’; and 
(E) by inserting before subparagraph (E) 
(as so designated under subparagraph (D) of 
VerDate Nov 24 2008 
06:38 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H886.IH
H886
smartinez on PROD1PC64 with BILLS
this paragraph) the following new subpara-
graph: 
‘‘(D) In the case of an individual who is entitled to 
disability insurance benefits and whose disability consists 
of blindness (as defined in section 216(i)(1)), the individ-
ual’s excess earnings for a taxable year shall be 331⁄3 per-
cent of his earnings for such year in excess of the exempt 
amount which would be applicable under paragraph (8), 
to individuals described in subparagraph (D) thereof, if 
section 102 of the Senior Citizens’ Right to Work Act of 
1996 had not been enacted.’’; 
(4) in subsection (f)(7), by inserting ‘‘or 223’’ 
after ‘‘section 202’’; 
(5) in subsection (h)(1)(A)— 
(A) by inserting ‘‘or 223’’ after ‘‘section 
202’’; and 
(B) by inserting ‘‘(or, as applicable, the ex-
empt amount determined under subsection 
(f)(3)(D))’’ after ‘‘subsection (f)(8)’’; 
(6) in subsection (h)(2), by inserting ‘‘or 223’’ 
after ‘‘section 202’’ each place it appears; and 
(7) in subsection (h)(3), by inserting ‘‘or 223’’ 
after ‘‘section 202’’ each place it appears. 
(b) DETERMINATION OF DISABILITY OF BLIND INDI-
VIDUALS WITHOUT REGARD TO ENGAGEMENT IN SUB-
VerDate Nov 24 2008 
06:38 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H886.IH
H886
smartinez on PROD1PC64 with BILLS
STANTIAL GAINFUL ACTIVITY.—Section 223(d) of such 
Act (42 U.S.C. 423(d)) is amended— 
(1) by striking subparagraph (B) and inserting 
the following: 
‘‘(B) in the case of an individual who has at-
tained the age of 55, blindness (as defined in section 
216(i)(1).’’; and 
(2) in paragraph (4)(A), by striking the second 
sentence. 
SEC. 3. ANNUAL DETERMINATIONS OF DISABILITY BASED 
ON BLINDNESS. 
Section 221 of the Social Security Act (42 U.S.C. 
421) is amended by adding at the end the following new 
subsection: 
‘‘(n) A determination of the disability of an individual 
based on blindness may not be reviewed more frequently 
than annually.’’. 
SEC. 4. REDUCTION IN EXCESS EARNINGS OF BLIND BENE-
FICIARIES BY THE AMOUNT OF IMPAIRMENT 
RELATED WORK EXPENSES. 
Section 203(f)(3)(D) of the Social Security Act (as 
amended by section 2 of this Act) is amended— 
(1) by inserting ‘‘(i)’’ after ‘‘(D)’’; 
(2) by striking ‘‘enacted.’’ and inserting the fol-
lowing: ‘‘enacted, reduced (to not less than zero) by 
VerDate Nov 24 2008 
06:38 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H886.IH
H886
smartinez on PROD1PC64 with BILLS
the allowable amount for impairment related work 
expenses for the taxable year.’’; and 
(3) by adding at the end the following new 
clause: 
‘‘(ii) For purposes of this subparagraph, the term ‘al-
lowable amount for impairment related work expenses’ 
means, in connection with the excess earnings of an indi-
vidual for any taxable year, an amount equal to the great-
er of— 
‘‘(I) 16.3 percent of such excess earnings, or 
‘‘(II) the average amount of impairment related 
work expenses incurred by individuals entitled to dis-
ability insurance benefits during the preceding tax-
able year, as determined under regulations of the 
Commissioner of Social Security.’’. 
SEC. 5. ADJUSTMENTS TO EXTENT OF BENEFIT REDUCTION 
DURING THE YEAR BASED ON SIGNIFICANT 
CHANGES IN WORK STATUS. 
Section 203(h) of the Social Security Act (42 U.S.C. 
403(h)) is amended by adding at the end the following 
new paragraph: 
‘‘(5) The Commissioner of Social Security shall de-
velop and implement procedures in accordance with this 
subsection to avoid paying less than the correct amount 
of benefits to any individual under this title as a result 
VerDate Nov 24 2008 
06:38 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H886.IH
H886
smartinez on PROD1PC64 with BILLS
of the occurrence during the taxable year of a termination 
of employment or a significant reduction in hours of 
work.’’. 
SEC. 6. EFFECTIVE DATE. 
The amendments made by this Act shall apply with 
respect to disability insurance benefits for months in tax-
able years beginning after 180 days after the date of the 
enactment of this Act. 
Æ 
VerDate Nov 24 2008 
06:38 Feb 08, 2009
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6301
E:\BILLS\H886.IH
H886
smartinez on PROD1PC64 with BILLS