I 
114TH CONGRESS 
2D SESSION 
H. R. 5409 
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 
JUNE 8, 2016 
Mr. HILL 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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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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(1) IN GENERAL.—Section 223(f) of the Social 
Security Act (42 U.S.C. 423(f)) is amended— 
(A) in paragraph (4), by striking the pe-
riod at the end and inserting ‘‘; or’’; 
(B) by inserting after paragraph (4) the 
following new paragraph: 
‘‘(5) in the case of a continuing disability re-
view under section 221(i), evidence that would be 
sufficient to support a finding in an initial deter-
mination that the individual is not under a disability 
and is able to engage in substantial gainful activ-
ity.’’; and 
(C) in the flush matter at the end, by in-
serting ‘‘, except that, in the case of a con-
tinuing disability review under section 221(i), 
the Commissioner shall not consider the fact 
that an individual is engaged in substantial 
gainful work as part of the process established 
under subsection (l) as evidence that the indi-
vidual is able to engage in substantial gainful 
activity’’ after ‘‘secured by the Commissioner of 
Social Security’’. 
(2) CONFORMING AMENDMENT TO DEFINITION 
OF DISABILITY.—Section 223(d)(2) of the Social Se-
curity Act (42 U.S.C. 423(d)(2)) is amended— 
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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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