I
103D CONGRESS
1ST SESSION
H. R. 646
To amend title II of the Social Security Act to require the Secretary of
Health and Human Services to provide claimants for benefits based
on disability with a face-to-face, evidentiary hearing before making an
initial decision, to provide those claimants whose application is denied
with opportunity for a subsequent hearing without any requirement for
intervening ‘‘reconsideration’’, and to specify the medical information
to be collected and maintained in making disability determinations.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 27, 1993
Mr. JACOBS 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 require
the Secretary of Health and Human Services to provide
claimants for benefits based on disability with a face-
to-face, evidentiary hearing before making an initial deci-
sion, to provide those claimants whose application is de-
nied with opportunity for a subsequent hearing without
any requirement for intervening ‘‘reconsideration’’, and
to specify the medical information to be collected and
maintained in making disability determinations.
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 ‘‘Social Security Appeals
Process Reform Act of 1993’’.
SEC. 2. REQUIREMENT FOR A FACE-TO-FACE HEARING
PRIOR TO INITIAL DISABILITY DECISIONS
AND ELIMINATION OF THE PROCESS OF RE-
CONSIDERATION OF SUCH DECISIONS.
(a) PROCEDURES FOR DECISIONS INVOLVING DE-
TERMINATIONS OF DISABILITY.—Section 205(b) of the
Social Security Act (42 U.S.C. 405(b)) is amended—
(1) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(2) by inserting after paragraph (1) the follow-
ing new paragraph:
‘‘(2) Any decision by the Secretary relating to initial
entitlement of an individual to payments under this title
which involves a determination of disability shall be made
only after opportunity for an evidentiary hearing which is
reasonably accessible to such individual. Opportunity for
a subsequent hearing with respect to any such decision
by the Secretary shall be available in accordance with this
subsection without any requirement for intervening recon-
sideration.’’.
(b) CONFORMING AMENDMENT.—Section 205(b)(4)
of such Act (as redesignated by subsection (a) of this sec-
tion) is amended by striking ‘‘or an adverse determination
on reconsideration of such an initial determination’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to initial decisions re-
lating to entitlement to benefits under title II of the Social
Security Act made on or after January 1, 1994.
SEC. 3. MEDICAL INFORMATION TO BE COLLECTED AND
MAINTAINED IN MAKING DISABILITY DETER-
MINATIONS.
(a) IN GENERAL.—Section 221(h) of the Social Secu-
rity Act (42 U.S.C. 421(h)) is amended to read as follows:
‘‘(h) An initial determination under subsection (a),
(c), (g), or (i) that an individual is not under a disability
shall be made only if the Secretary has made every reason-
able effort to ensure—
‘‘(1) that the following medical information has
been compiled and maintained relating to the indi-
vidual’s case:
‘‘(A) a detailed description from the indi-
vidual of his or her disability (including any
statement made by any family member, friend,
or employer of the individual describing the in-
dividual’s impairments which is offered for the
record by such individual);
‘‘(B) medical records relating to such indi-
vidual from hospitals, clinics, and health centers
where the individual was treated since the al-
leged onset of the disability;
‘‘(C) medical records relating to such indi-
vidual from physicians treating the individual
since the alleged onset of the disability;
‘‘(D) reports of any consultative examina-
tions, assessments of residual functional capac-
ity, assessments of pain, and other assessments
relating to the individual’s case which have been
performed by or under the Secretary; and
‘‘(E) reports by social workers, therapists,
community mental health workers, and other
medical or vocational personnel whose services
the individual utilized since the onset of the dis-
ability; and
‘‘(2) in any case in which there is evidence
which indicates the existence of a mental impair-
ment, that a qualified psychiatrist or psychologist
has completed the medical portion of the case review
and any applicable residual functional capacity as-
sessment.’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to initial determina-
tions relating to disability under title II of the Social Secu-
rity Act made on or after January 1, 1994.
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