Referral by Commissioner of eligible individuals to appropriate State agency
Pub. L. 97–35, title XXI, § 2193(c)(8)(B)95 Stat. 828 Repealed. , ,
Pub. L. 106–170, title I, § 101(b)(2)(B)113 Stat. 1874 Repealed. , ,
Reimbursement by Commissioner to State agency of costs of providing services to referred individuals
29 U.S.C. 720section 1383(a)(6) of this titlesection 422(d)(1) of this titleThe Commissioner of Social Security is authorized to reimburse the State agency administering or supervising the administration of a State plan for vocational rehabilitation services approved under title I of the Rehabilitation Act of 1973 [ et seq.] for the costs incurred under such plan in the provision of rehabilitation services to individuals who are referred for such services pursuant to subsection (a), (1) in cases where the furnishing of such services results in the performance by such individuals of substantial gainful activity for a continuous period of nine months, (2) in cases where such individuals receive benefits as a result of (except that no reimbursement under this subsection shall be made for services furnished to any individual receiving such benefits for any period after the close of such individual’s ninth consecutive month of substantial gainful activity or the close of the month with which his or her entitlement to such benefits ceases, whichever first occurs), and (3) in cases where such individuals, without good cause, refuse to continue to accept vocational rehabilitation services or fail to cooperate in such a manner as to preclude their successful rehabilitation. The determination that the vocational rehabilitation services contributed to the successful return of an individual to substantial gainful activity, the determination that an individual, without good cause, refused to continue to accept vocational rehabilitation services or failed to cooperate in such a manner as to preclude successful rehabilitation, and the determination of the amount of costs to be reimbursed under this subsection shall be made by the Commissioner of Social Security in accordance with criteria determined by the Commissioner in the same manner as under .
Reimbursement for vocational rehabilitation services furnished during certain months of nonpayment of insurance benefits
Aug. 14, 1935, ch. 531Pub. L. 92–603, title III, § 30186 Stat. 1474Pub. L. 94–566, title V, § 501(a)90 Stat. 2683Pub. L. 96–272, title III, § 30494 Stat. 529Pub. L. 97–35, title XXI, § 2193(a)(4)95 Stat. 827Pub. L. 98–369, div. B, title VI, § 2663(g)(8)98 Stat. 1169Pub. L. 98–460, § 11(b)98 Stat. 1806Pub. L. 101–508, title V, § 5037(a)104 Stat. 1388–226Pub. L. 103–296, title I, § 107(a)(4)108 Stat. 1478Pub. L. 105–33, title V, § 5523111 Stat. 623Pub. L. 106–170, title I, § 101(b)(2)(A)113 Stat. 1874(, title XVI, § 1615, as added , , ; amended , , ; , , ; , (c)(8), title XXIII, § 2344, , , 828, 867; , , ; , , ; , , ; , , ; , , ; , (B), , .)
Editorial Notes
References in Text
Pub. L. 93–11287 Stat. 355section 701 of Title 29The Rehabilitation Act of 1973, referred to in subsec. (d), is , , . Title I of the Rehabilitation Act of 1973 is classified generally to subchapter I (§ 720 et seq.) of chapter 16 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Section 212(b) of Public Law 93–66section 212(b) of Pub. L. 93–6687 Stat. 155section 1382 of this title, referred to in subsec. (e)(1)(C), (2)(C), is , title II, , , which is set out as a note under .
Amendments
Pub. L. 106–170, § 101(b)(2)(A)1999—Subsec. (a). , amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “In the case of any blind or disabled individual who—
“(1) has not attained age 65, and
“(2) is receiving benefits (or with respect to whom benefits are paid) under this subchapter,
the Commissioner of Social Security shall make provision for referral of such individual to the appropriate State agency administering the State plan for vocational rehabilitation services approved under title I of the Rehabilitation Act of 1973, or, in the case of any such individual who has not attained age 16, to the State agency administering the State program under subchapter V of this chapter, and (except for individuals who have not attained age 16 and except in such other cases as the Commissioner may determine) for a review not less often than quarterly of such individual’s blindness or disability and his need for and utilization of the services made available to him under such plan.”
Pub. L. 106–170, § 101(b)(2)(B)Subsec. (c). , struck out subsec. (c) which read as follows: “Every individual age 16 or over with respect to whom the Commissioner of Social Security is required to make provision for referral under subsection (a) of this section shall accept such services as are made available to him under the State plan for vocational and rehabilitation services approved under title I of the Rehabilitation Act of 1973; and no such individual shall be an eligible individual or eligible spouse for purposes of this subchapter if he refuses without good cause to accept services for which he is referred under subsection (a) of this section.”
Pub. L. 105–33, § 5523(2)1997—Subsec. (d). , substituted “the Commissioner” for “him” after “determined by” in last sentence.
Pub. L. 105–33, § 5523(1), which directed insertion of comma after “subsection (a)(1)” in first sentence, was executed by making the insertion after “subsection (a)” to reflect the probable intent of Congress.
Pub. L. 103–2961994—Subsec. (a). in closing provisions substituted “Commissioner of Social Security” for “Secretary” and “the Commissioner may” for “he may”.
Pub. L. 103–296Subsec. (c). substituted “Commissioner of Social Security” for “Secretary”.
Pub. L. 103–296Subsec. (d). substituted “The Commissioner of Social Security is” for “The Secretary is”.
Pub. L. 103–296Subsec. (e). substituted “Commissioner of Social Security” for “Secretary” in introductory provisions.
Pub. L. 101–5081990—Subsec. (e). added subsec. (e).
Pub. L. 98–369, § 2663(g)(8)1984—Subsecs. (a), (c). , substituted “title I of the Rehabilitation Act of 1973” for “the Vocational Rehabilitation Act”.
Pub. L. 98–460, § 11(b)section 422(d)(1) of this titleSubsec. (d). , designated existing provisions of first sentence as cl. (1), added cls. (2) and (3), and inserted requirement that the determination that the vocational rehabilitation services contributed to the successful return of an individual to substantial gainful activity and the determination that an individual, without good cause, refused to continue to accept vocational rehabilitation services or failed to cooperate in such a manner as to preclude successful rehabilitation be made by the Commissioner of Social Security in accordance with criteria determined by him in the same manner as under .
Pub. L. 98–369, § 2663(g)(8), substituted “title I of the Rehabilitation Act of 1973” for “the Vocational Rehabilitation Act”.
Pub. L. 97–35, § 2193(c)(8)(A)1981—Subsec. (a). , substituted “State agency administering the State program under subchapter V of this chapter (except for individuals who have not attained age 16 and except in such other cases” for “appropriate State agency administering the State plan under subsection (b) of this section, and (except in such cases”.
Pub. L. 97–35, § 2193(c)(8)(B)Subsec. (b). , struck out subsec. (b) which provided criteria for approval of State plans.
Pub. L. 97–35, § 2344section 422(d)(1) of this titleSubsec. (d). , substituted “is authorized to reimburse” for “is authorized to pay to”, “for the costs incurred” for “the costs incurred”, and “individuals who are referred for such services pursuant to subsection (a) if such services result in their performance of substantial gainful activity which lasts for a continuous period of nine months” for “individuals referred for such services pursuant to subsection (a)” and inserted provision that determination of the amount to be reimbursed be made by the Commissioner of Social Security in accordance with criteria determined by him in the same manner as under .
Pub. L. 97–35, § 2193(c)(8)(B)Subsec. (e). , struck out subsec. (e) which provided for payment by the Secretary to a State agency charged with administering a State plan under subsec. (b), of the costs incurred each fiscal year from , to , in carrying out such State plan.
Pub. L. 97–35, § 2193(a)(4)(A)Subsec. (e)(1). , inserted “and subject to section 2194(b)(3) of the Maternal and Child Health Services Block Grant Act”.
Pub. L. 97–35, § 2193(a)(4)(B)Subsec. (e)(3). , substituted “$24,070,000” for “$30,000,000”.
Pub. L. 96–272Pub. L. 94–5661980—Subsec. (e). corrected the error under which subsec. (e) had been added as (c) by and, in subsec. (e)(1) as so designated, substituted “” for “”.
Pub. L. 94–5661976—Subsec. (a). inserted “or, in the case of any such individual who has not attained age 16, to the appropriate State agency administering the State plan under subsection (b) of this section,” after “Vocational Rehabilitation Act,” and substituted “need for and utilization of the services” for “need for and utilization of the rehabilitation services”.
Pub. L. 94–566Subsec. (b). added subsec. (b). Former subsec. (b) was split up and its parts were redistributed into subsecs. (c) and (d), respectively, and amended.
Pub. L. 94–566Subsec. (c). combined into subsec. (c) the existing provisions of subsec. (c) covering the refusal by referred individuals to accept services and added thereto a part of former subsec. (b) covering the required acceptance of vocational and rehabilitation services by the referred individual, and in that provision substituted “Every individual age 16 or over” for “Every individual”.
Pub. L. 94–566Subsec. (d). redesignated as subsec. (d) the part of former subsec. (b) covering the payment by the Secretary to the State agency administering a State plan and in the provisions so redesignated substituted “administration of a State plan for vocational rehabilitation services approved under the Vocational Rehabilitation Act” for “administration of such State plan”.
Pub. L. 94–566Subsec. (e). added subsec. (e). See 1980 Amendment note above.
Statutory Notes and Related Subsidiaries
Effective Date of 1999 Amendment
Pub. L. 106–170section 101(d) of Pub. L. 106–170section 101(c) of Pub. L. 106–170section 1320b–19 of this titleAmendment by effective with the first month following one year after , subject to , see , set out as an Effective Date note under .
Effective Date of 1997 Amendment
Pub. L. 105–33Pub. L. 104–193section 5528(a) of Pub. L. 105–33section 903 of this titleAmendment by effective as if included in the enactment of title II of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, , see , set out as a note under .
Effective Date of 1994 Amendment
Pub. L. 103–296section 110(a) of Pub. L. 103–296section 401 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1990 Amendment
Pub. L. 101–508, title V, § 5037(b)104 Stat. 1388–226
Effective Date of 1984 Amendment
Pub. L. 98–460section 1383(a)(6) of this titlesection 11(c) of Pub. L. 98–460section 422 of this titleAmendment by applicable with respect to individuals who receive benefits as a result of section 425(b) or , or who refuse to continue to accept rehabilitation services or fail to cooperate in an approved vocational rehabilitation program, in or after November 1984, see , set out as a note under .
Pub. L. 98–369section 2664(b) of Pub. L. 98–369section 401 of this titleAmendment by effective , but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see , set out as a note under .
Effective and Termination Dates of 1981 Amendment
Pub. L. 97–35, title XXI, § 2193(a)(4)(B)95 Stat. 827, , , provided that the amendment made by that section is effective for fiscal year 1982.
Pub. L. 97–35section 2194 of Pub. L. 97–35section 701 of this titleFor effective date, savings, and transitional provisions relating to amendments by section 2193(a)(4)(A) and (c)(8) of , see , set out as a note under .
Pub. L. 97–35, title XXIII, § 234495 Stat. 867, , , provided that the amendment made by that section is effective .
Effective Date
Pub. L. 92–603, title III, § 30186 Stat. 1465, , , provided that this section is effective .
Publication of Criteria
Pub. L. 94–566, title V, § 501(b)90 Stat. 2685, , , directed Secretary, within 120 days after , to publish criteria to be employed to determine disability (as defined in subsec. (a)(3) of this section) in the case of persons who have not attained the age of 18.
Application to Northern Mariana Islands
section 1801 of Title 48For applicability of this section to the Northern Mariana Islands, see section 502(a)(1) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America and Proc. No. 4534, , 42 F.R. 6593, set out as notes under , Territories and Insular Possessions.
Puerto Rico, Guam, and Virgin Islands
Pub. L. 92–603section 303(b) of Pub. L. 92–603section 301 of this titleEnactment of provisions of , eff. , not applicable to Puerto Rico, Guam, and the Virgin Islands, see , set out as a note under .