Title: Making DI Work For All Americans Act of 2018
Policy area: Social Welfare

Summary:
Making DI Work For All Americans Act of 2018

This bill revises requirements related to the Old Age, Survivors, and Disability Insurance (OASDI) benefits program, the Supplemental Security Income (SSI) benefits program, and disability determinations made by the Social Security Administration (SSA).
Specifically, the bill:

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6532 Introduced in House (IH)]

<DOC>






115th CONGRESS
  2d Session
                                H. R. 6532

  To amend title II of the Social Security Act to update and improve 
 eligibility criteria for the Social Security Disability Program, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 2018

  Mr. Rokita (for himself and Mr. Webster of Florida) introduced the 
following bill; which was referred to the Committee on Ways and Means, 
 and in addition to the Committee on Oversight and Government Reform, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To amend title II of the Social Security Act to update and improve 
 eligibility criteria for the Social Security Disability Program, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Making DI Work For All Americans Act 
of 2018''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
                    TITLE I--ADMINISTRATIVE CHANGES

Sec. 101. Strengthening the administrative law judge quality review 
                            process.
Sec. 102. Applying judicial code of conduct to administrative law 
                            judges.
Sec. 103. Compensation for claimant representatives.
Sec. 104. Minimum monthly withholding to recover overpayments.
Sec. 105. Disqualification on receipt of disability insurance benefits 
                            in a month for which unemployment 
                            compensation is received.
Sec. 106. Elimination of reconsideration review application stages.
Sec. 107. Report on hiring new administrative law judges and staff.
                         TITLE II--ELIGIBILITY

Sec. 201. Updating of medical-vocational guidelines.
Sec. 202. Review of social media activity.
Sec. 203. Updating data on work which exists in national economy.
                TITLE III--CONTINUING DISABILITY REVIEWS

Sec. 301. Study on impact of medical review standard.
Sec. 302. Additional training relating to MIRS exceptions.
Sec. 303. Increased frequency of continuing disability reviews.
Sec. 304. Communication relating to termination of benefits.
Sec. 305. Communication relating to reporting requirements.
                           TITLE IV--BENEFITS

Sec. 401. Establishment of annual poverty guideline based disability 
                            insurance benefits.
Sec. 402. Retroactive payment of benefits.
Sec. 403. Inclusion of unearned income in determination of substantial 
                            gainful activity.

                    TITLE I--ADMINISTRATIVE CHANGES

SEC. 101. STRENGTHENING THE ADMINISTRATIVE LAW JUDGE QUALITY REVIEW 
              PROCESS.

    (a) Review.--Not later than 1 year after the date of enactment of 
this Act and annually thereafter, the Division of Quality of the Office 
of Appellate Operations of the Social Security Administration shall 
conduct a review of a sample of determinations that individuals are 
entitled to disability insurance benefits by outlier administrative law 
judges and identify any determinations that are not supported by the 
evidence.
    (b) Report.--Not later than December 1 of each year in which a 
review described in subsection (a) is conducted, the Division of 
Quality Review of the Office of Appellate Operations of the Social 
Security Administration shall submit a report containing the results of 
such review, including all determinations that were found to be 
unsupported by the evidence, together with any recommendations for 
administrative action or proposed legislation that the Division 
determines appropriate, to--
            (1) the Inspector General of the Social Security 
        Administration;
            (2) the Commissioner of the Social Security Administration;
            (3) the Committees on Ways and Means and Oversight and 
        Government Reform of the House of Representatives; and
            (4) the Committees on Finance and Homeland Security and 
        Governmental Affairs of the Senate.
    (c) Definition of Outlier Administrative Law Judge.--For purposes 
of this section, the term ``outlier administrative law judge'' means an 
administrative law judge within the Office of Disability Adjudication 
and Review of the Social Security Administration who, in a given year--
            (1) determines that the applicant is entitled to disability 
        insurance benefits more often than 90 percent of administrative 
        law judges making determinations under this title; or
            (2) issues more decisions than 90 percent of administrative 
        law judges making determinations under this title.

SEC. 102. APPLYING JUDICIAL CODE OF CONDUCT TO ADMINISTRATIVE LAW 
              JUDGES.

    (a) In General.--Section 3105 of title 5, United States Code, is 
amended--
            (1) by striking ``Each agency'' and inserting
    ``(a) Each agency''; and
            (2) by adding at the end the following:
    ``(b) The Code of Conduct for United States Judges adopted by the 
Judicial Conference of the United States shall apply to administrative 
law judges appointed under this section.
    ``(c) If, in applying a standard of conduct to an administrative 
law judge appointed under this section, there is a conflict between the 
Code of Conduct for United States Judges and any other law or 
regulation, the stricter standard of conduct shall apply.
    ``(d) Pursuant to section 7301, the President may issue such 
regulations as may be necessary to carry out subsections (b) and 
(c).''.
    (b) Limitation on Regulatory Authority.--Section 1305 of title 5, 
United States Code, is amended by striking ``3105'' and inserting 
``3105(a)''.

SEC. 103. COMPENSATION FOR CLAIMANT REPRESENTATIVES.

    (a) In General.--Section 206 of the Social Security Act (42 U.S.C. 
406) is amended to read as follows:

                     ``representation of claimants

    ``Sec. 206.  (a)(1) The Commissioner of Social Security may 
prescribe rules and regulations governing the recognition of agents or 
other persons, other than attorneys as hereinafter provided, 
representing claimants before the Commissioner of Social Security, and 
may require of such agents or other persons, before being recognized as 
representatives of claimants that they shall show that they are of good 
character and in good repute, possessed of the necessary qualifications 
to enable them to render such claimants valuable service, and otherwise 
competent to advise and assist such claimants in the presentation of 
their cases. An attorney in good standing who is admitted to practice 
before the highest court of the State, Territory, District, or insular 
possession of his residence or before the Supreme Court of the United 
States or the inferior Federal courts, shall be entitled to represent 
claimants before the Commissioner of Social Security.
    ``(2) Notwithstanding paragraph (1), the Commissioner, after due 
notice and opportunity for hearing--
            ``(A) may refuse to recognize as a representative, and may 
        disqualify a representative already recognized, any attorney 
        who has been disbarred or suspended from any court or bar to 
        which he or she was previously admitted to practice or who has 
        been disqualified from participating in or appearing before any 
        Federal program or agency, and
            ``(B) may refuse to recognize, and may disqualify, as a 
        non-attorney representative any attorney who has been disbarred 
        or suspended from any court or bar to which he or she was 
        previously admitted to practice.
    ``(3) The Commissioner of Social Security may, after due notice and 
opportunity for hearing, suspend or prohibit from further practice 
before the Commissioner any such person, agent, or attorney who refuses 
to comply with the Commissioner's rules and regulations.
    ``(b) In prescribing the rules and regulations described in 
subsection (a), the Commissioner of Social Security may not prescribe 
any rules or regulations regarding the permissible fees which may be 
charged for services performed in connection with any claim before the 
Commissioner of Social Security under this title or title XVI. In no 
case shall the Commissioner certify any amount for payment to any 
representative out of any benefits payable to a claimant under this 
title or title XVI.''.
    (b) Conforming Amendments to Title XVI.--Section 1631(d)(2) of the 
Social Security Act (42 U.S.C. 1383(d)(2)) is amended--
            (1) by amending subparagraph (A) to read as follows:
    ``(A) The provisions of section 206 shall apply to this part to the 
same extent as they apply in the case of title II.''; and
            (2) by redesignating subparagraph (D) as subparagraph (B).
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to applications for benefits filed on or after 
January 1, 2019.

SEC. 104. MINIMUM MONTHLY WITHHOLDING TO RECOVER OVERPAYMENTS.

    (a) In General.--Section 204(a)(1) of the Social Security Act (42 
U.S.C. 404(a)(1)) is amended--
            (1) by redesignating subparagraph (A) as clause (i) of 
        subparagraph (A);
            (2) in subparagraph (A)(i) (as so redesignated), by 
        striking ``With'' and inserting ``Subject to clause (ii), 
        with''; and
            (3) by adding at the end the following:
                    ``(ii) If the Commissioner determines that 
                withholding the full amount of a monthly disability 
                insurance benefit payment to which an individual is 
                otherwise entitled under this title to recover an 
                overpayment pursuant to this section would defeat the 
                purpose of this title, the Commissioner may withhold 
                from such payment an amount that is less than such full 
                amount but not less than 10 percent of such full 
                amount.''.
    (b) Regulations.--The Commissioner of Social Security shall 
prescribe such regulations and make any conforming changes to 
regulations as the Commissioner determines appropriate to carry out the 
amendments made by this subsection.
    (c) Effective Date.--The amendments made by this subsection shall 
apply with respect to overpayments made on or after January 1, 2019.

SEC. 105. DISQUALIFICATION ON RECEIPT OF DISABILITY INSURANCE BENEFITS 
              IN A MONTH FOR WHICH UNEMPLOYMENT COMPENSATION IS 
              RECEIVED.

    (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:
    ``(D)(i) If for any week ending within a month an individual is 
paid 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 `unemployment 
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
            ``(II) trade readjustment allowance 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 Social 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 paid 
unemployment compensation for any week ending within such month.
    ``(B) For purposes of subparagraph (A), the term `unemployment 
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
            ``(ii) trade readjustment allowance 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 section shall 
apply with respect to individuals who initially apply for disability 
insurance benefits on or after January 1, 2019, and are paid 
unemployment compensation for any week ending on or after January 1, 
2019.

SEC. 106. ELIMINATION OF RECONSIDERATION REVIEW APPLICATION STAGES.

    (a) In General.--Section 205(b) of the Social Security Act (42 
U.S.C. 405(b)) is amended--
            (1) in paragraph (1), by adding at the end the following 
        new sentence: ``Opportunity for a hearing under this title in 
        accordance with this subsection with respect to any initial 
        decision or determination under this title shall be available 
        without any requirement for intervening reconsideration.'';
            (2) by striking paragraph (2);
            (3) by redesignating paragraph (3) as paragraph (2); and
            (4) in paragraph (2) (as so redesignated), by striking ``or 
        an adverse determination on reconsideration of such an initial 
        determination''.
    (b) Conforming Amendments.--Title II of such Act (42 U.S.C. 401 et 
seq.), as amended by subsection (a), is further amended--
            (1) in section 201(j), by striking ``reconsideration 
        interviews and''; and
            (2) in section 221(i)(3)--
                    (A) by striking ``reconsideration of such initial 
                termination or''; and
                    (B) by striking ``reconsideration or'' before 
                ``hearing''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to any initial determination of entitlement to a 
benefit under title II of the Social Security Act made on or after the 
date that is one year after the date of the enactment of this Act.

SEC. 107. REPORT ON HIRING NEW ADMINISTRATIVE LAW JUDGES AND STAFF.

    Not later than 180 days after the date of the enactment of this 
Act, the Commissioner of Social Security shall submit to Congress a 
report that includes an estimate of the number of new administrative 
law judges and support staff that the Commissioner determines would be 
necessary to make a final decision on the entitlement of each 
individual for a disability insurance benefit under title II of the 
Social Security Act not later than 6 months after the date on which 
such individual applies for such benefits.

                         TITLE II--ELIGIBILITY

SEC. 201. UPDATING OF MEDICAL-VOCATIONAL GUIDELINES.

    As soon as possible after the date of the enactment of this Act, 
the Commissioner of Social Security shall prescribe rules and 
regulations that update the medical-vocational guidelines, as set forth 
in appendix 2 to subpart P of part 404 of title 20, Code of Federal 
Regulations, used in disability determinations, including full 
consideration of new employment opportunities made possible by advances 
in treatment, rehabilitation, and technology and full consideration of 
the effect of prevalent languages on education.

SEC. 202. REVIEW OF SOCIAL MEDIA ACTIVITY.

    (a) In General.--Section 205(b)(1) of the Social Security Act (42 
U.S.C. 405(b)(1)), as amended by section 110(a), is further amended by 
inserting after the second sentence the following: ``In making any 
initial determination of disability under this title, the Commissioner 
of Social Security shall consider any relevant evidence from social 
media of which the Commissioner is made aware prior to issuing a 
decision involving such determination.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to applications for disability insurance benefits 
filed on or after January 1, 2019.

SEC. 203. UPDATING DATA ON WORK WHICH EXISTS IN NATIONAL ECONOMY.

    Not later than 5 years after the date of the enactment of this Act, 
and every year thereafter, the Commissioner of Social Security shall--
            (1) update the data used by the Commissioner to determine 
        the jobs which exist in the national economy (within the 
        meaning of section 223(d)(2)(A) of the Social Security Act (42 
        U.S.C. 423(d)(2)(A))), to ensure that such data reflects the 
        full range of work which exists in the national economy, 
        including newly-created jobs in emerging industries; and
            (2) submit to Congress a report describing each such 
        update.

                TITLE III--CONTINUING DISABILITY REVIEWS

SEC. 301. STUDY ON IMPACT OF MEDICAL REVIEW STANDARD.

    (a) In General.--The Commissioner of Social Security shall conduct 
a study with respect to a large number of beneficiaries--
            (1) to determine whether the Social Security Administration 
        would consider such beneficiaries to be disabled using the 
        Initial Disability Standard rather than the Medical Improvement 
        Review Standard (MIRS) during continuing disability reviews; 
        and
            (2) to analyze the cause of any difference of result 
        between the two standards.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Commissioner of Social Security shall submit 
a report to Congress on the study described in subsection (a).

SEC. 302. ADDITIONAL TRAINING RELATING TO MIRS EXCEPTIONS.

    The Commissioner of Social Security shall--
            (1) provide training, as the Commissioner determines to be 
        appropriate, to employees of State disability determination 
        services and to Federal personnel involved in making disability 
        determinations on the application of exceptions to the Medical 
        Improvement Review Standard (MIRS) during continuing disability 
        reviews; and
            (2) establish a procedure by which such employees and 
        Federal personnel may request assistance from the Social 
        Security Administration in the application of such exceptions.

SEC. 303. INCREASED FREQUENCY OF CONTINUING DISABILITY REVIEWS.

    (a) In General.--Section 221(i) of the Social Security Act (42 
U.S.C. 421(i)) is amended--
            (1) in paragraphs (1) and (2), by striking ``3 years'' each 
        place it appears and inserting ``2 years''; and
            (2) in paragraph (1), by striking ``at such times as the 
        Commissioner of Social Security determines to be appropriate'' 
        and inserting ``at least every 7 years''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to applications for disability insurance benefits 
filed on or after January 1, 2019.

SEC. 304. COMMUNICATION RELATING TO TERMINATION OF BENEFITS.

    (a) In General.--The Commissioner of Social Security shall ensure 
that each award letter informing an individual of the individual's 
initial entitlement to disability insurance benefits under title II of 
the Social Security Act includes--
            (1) a description of all of the conditions under which such 
        benefits may be terminated; and
            (2) except in any case in which a finding has been made 
        that the individual's disability is permanent, an explanation 
        that disability insurance benefits are temporary and that the 
        individual is expected to return to work after medical 
        improvement has occurred.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to individuals who become entitled to disability 
insurance benefits on or after January 1, 2019.

SEC. 305. COMMUNICATION RELATING TO REPORTING REQUIREMENTS.

    The Commissioner of Social Security shall ensure that each 
communication from the Social Security Administration made to an 
individual entitled to disability insurance benefits includes a 
description of the individual's responsibility to report to the 
Commissioner of Social Security any change of circumstance that may 
affect the individual's entitlement to such benefits.

                           TITLE IV--BENEFITS

SEC. 401. ESTABLISHMENT OF ANNUAL POVERTY GUIDELINE BASED DISABILITY 
              INSURANCE BENEFITS.

    (a) In General.--Section 223(a) of the Social Security Act (42 
U.S.C. 423(a)(2)) is amended by inserting after paragraph (2) the 
following new paragraph:
            ``(3) In the case of an individual who initially becomes 
        entitled to disability benefits in the calendar year 2019 or 
        any subsequent calendar year, and except as provided in section 
        202(q) of this title, such individual's disability insurance 
        benefit for any month shall be one-twelfth of the most recently 
        published annual poverty guideline for an individual (as 
        updated annually in the Fed. Reg. by the Department of Health 
        and Human Services under the authority of section 673(2) of the 
        Omnibus Budget Reconciliation Act of 1981).''.
    (b) Early Retirement Benefit Reduction.--Section 202(q)(2) of the 
Social Security Act (42 U.S.C. 423(a)(2)) is amended by striking 
subsection (q)(2) and replacing it with the following:
            ``(2) If an individual is entitled to a disability 
        insurance benefit for a month after a month for which such 
        individual was entitled to an old-age insurance benefit, such 
        disability insurance benefit for each month shall be--
                    ``(A) if such individual initially became entitled 
                to disability benefits in any calendar year before 
                2019, reduced by the amount such old-age insurance 
                benefit would be reduced under paragraphs (1) and (4) 
                for such month had such individual attained retirement 
                age (as defined in section 416(l) of this title) in the 
                first month for which he most recently became entitled 
                to a disability insurance benefit; or
                    ``(B) if such individual initially became entitled 
                to disability benefits in the calendar year 2019 or any 
                subsequent calendar year, equal to the higher of the 
                individual's reduced old-age insurance benefit under 
                paragraph (1) and the individual's disability insurance 
                benefit under section 423(a)(3).''.
    (c) Conforming Amendment.--Section 223(a)(2) of the Social Security 
Act (42 U.S.C. 423(a)(2)) is amended by striking ``Except'' and 
inserting ``In the case of an individual who initially becomes entitled 
for disability benefits in any calendar year before 2019, and except''.

SEC. 402. RETROACTIVE PAYMENT OF BENEFITS.

    (a) In General.--Section 223(b) of the Social Security Act (42 
U.S.C. 423(b)) is amended by striking ``12th month'' and inserting 
``6th month''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to applications for disability insurance benefits 
filed on or after January 1, 2019.

SEC. 403. INCLUSION OF UNEARNED INCOME IN DETERMINATION 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 section 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 substantial gainful activity for such month.
    ``(ii) For purposes of this subparagraph, the monthly income limit 
is the amount of earnings derived from services, prescribed by the 
Commissioner under regulations issued pursuant to subparagraph (A), 
sufficient to demonstrate an individual's ability to engage in 
substantial gainful activity for a month.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to monthly insurance benefits paid for months 
beginning after the date that is 1 year after the date of the enactment 
of this Act.
                                 <all>