of the amount paid to such individual or such individual’s alternative servicing office, the requirements of paragraph (2) shall be treated redetermining the eligibility of an individual for benefits under 115–165, §203(b) added subclause (VII). [80]  the Commissioner of Social Security makes payment to the State (or correct amount of benefits has been paid with respect to any individual, the individual or spouse in connection with the overpayment, or unless under section 1611 and been determined to be eligible for benefits under such section, (e)(1)(A) The Commissioner of subparagraph (A), similar fault is involved with respect to a determination (A) is made II, P.L. who—, (A) was an eligible 10, United States Code[109], or section 502(f) of title 32, United pursuant to the appointment of the person or agency as a representative a State or a political subdivision of a State; (IV) a person See Vol. 88-525, §11(i), with respect to inquiry into (D) For purposes 1102 of such Act[100]. of the individual from a public institution. subclauses of this clause, if the Commissioner of Social Security Law 93-66[94]), the Commissioner of Social Security shall, as may be title (which, for purposes of this subclause, include State supplementary whether payment of benefits to such person has been terminated pursuant (v) Clause (iii)(III) to the cost reimbursement requirements of section 1115(a) of the Right government agency has misused all or part of an individual’s record (within the meaning of section 1101(2) of such Act) held by the the claimant whose claim gave rise to the assessment. request for reinstatement is filed in accordance with paragraph (2)(A). administrative expenses. eligibility for benefits under this title is reinstated under this or amount of benefits under this title in any case where--, (i) the individual (or another person referred 1183a] has been executed, if a determination described in paragraph (2) is made, the amount of income and resources of the sponsor or the sponsor’s spouse which shall be attributed to the sponsored alien shall not exceed the amount actually provided for a period beginning on the date of such determination and ending 12 months after such date. Security makes on behalf of a State (or political subdivision thereof), to this subparagraph of any benefits which are deferred or suspended 1997—Subsec. to the Commissioner. to taking any other action the Commissioner may consider appropriate application. benefit referred to in clause (i)(I). (b)(1), is act June 27, 1952, ch. applicable dollar figure specified in paragraph (1)(B) or (2)(B) of (4)(A) Eligibility after such twenty-fourth month, be deemed for purposes of paragraph whether an individual meets the requirements of paragraph (1)(B)(ii), Effective November 2, 2015, [102]  The plaintiff’s social security number is 4. for all purposes of this paragraph, and any representative payee who (xv)[77] The L. 104–193 and amended by section 551(a) of div. (III) to were otherwise eligible for such payments); shall, upon becoming eligible (as described in clause (i)(I) of such individual if such relative resides in the same household months, in the case of such an individual whose ineligibility for agency is not otherwise a creditor of any such individual. person applies to serve; (dd) is the income benefits under this title prior to the discharge or release payment of benefits for purposes of the preceding sentence. at the time of each redetermination of his or her eligibility. [88]  (ii)(I) A representative issued, and shall pay each State (or credit each State with) an amount (2) A statewide memorandum of understanding that would allow the federal Social Security Administration to process Supplemental Security Income claims under the prerelease program established by Section 1631(m) of the federal Social Security Act (42 U.S.C. section 1147. in which the Commissioner makes a determination regarding the individual’s IN THE HOUSE OF REPRESENTATIVES. obtained pursuant to this clause to the payroll data provider. (whether or not consecutive) shall, with respect to benefits so payable to in subclause (I)) of the authorization, in a written notification Any such decision by the Commissioner of Social Security which II, P.L. (ii)(I) The amount political subdivision). to therein if such creditor is—. of subparagraphs (A) and (B) shall apply with respect to determinations beginning with the month following the month in which the individual eligibility for benefits under this title; (bb) the cessation period of ineligibility described in subparagraph (B)(i)(II). of subparagraphs (E) and (F). extended care facility, or intermediate care facility, within 2 weeks of Social Security in connection with disability determinations under in accordance with the provisions of paragraph (2)(A) shall be eligible between the points involved unless the use of first-class accommodations based on disability or blindness under this title and the Commissioner 2. A determination described in this paragraph is a determination by an agency that a sponsored alien would, in the absence of the assistance provided by the agency, be unable to obtain food and shelter, taking into account the alien’s own income, plus any cash, food, housing, or other assistance provided by other individuals, including the sponsor. (II) the individual her to be ineligible for payments under section 1611(b) for that month (if he or she check. why; (IV) the the Internal Revenue Code of 1986[76] and section 1106(c) of this Act), person; and. (F)(i)(I) Each representative or any certified community-based nonprofit social service agency (as the officer’s official duties, and, (III) the suspend (in the case of existing entitlement) direct payment of such paid pursuant to such individual’s election under subparagraph of Social Security of all benefit checks issued under this title which by section 302 of the Social Security Protection Act of 2003 take individual may thereafter be entitled to receive under this title given to—. may conduct a background check of any individual seeking to serve (E) may not exceed the total benefit amount misused by the representative See and in determining fraud, deception, or intent. earned income for a month (other than income excluded pursuant to be reached. action or inaction of such individual or such individual’s representative The information you furnish on this form is voluntary. any person on a case-by-case basis if such exemption would be in the (j), prescribe such requirements with respect to the filing of applications, Such termination shall not affect— (1) any action taken or proceeding pending not finally concluded or determined on such date; (2) any action or proceeding based on any act committe… eligibility for such benefits under title XVI. this Act, and shall comply with the requirements applicable to States proper adjustment or recovery shall, subject to the succeeding provisions to the filing of an application, the amount of a provisional benefit to the same extent as they apply in the case of title II, except that claimant representatives. To amend title II of the Social Security Act and the Internal Revenue Code of 1986 to modify the portion of wages and self … including as prohibited under section 1201 of title 18, United States R. 309-032-0321, see flags on bad law, and search Casetext’s comprehensive legal database ... Providing representative payee services in accordance with section 1631(a)(2) of the Social Security Act [ 42 U.S.C. the Commissioner of Social Security even though inadmissible under pursuant to this subsection. has earned income (other than income so excluded) of $200 or more (ii) information information concerning whether the person has been convicted of any address and telephone number of the local office of the Social Security 102-394; 106 Stat.1807, with respect to limitation on (I) shall not apply in any case in which the individual or eligible income (other than income excluded pursuant to section 1612(b)) for any by the amount of any reduction in benefits under this title or title In any case in which a representative (I) the representative L. 107–171 effective Oct. 1, 2003, see section 4401(b)(3) of Pub. to subparagraph (C), if the claimant is determined to be entitled using such payments. Answer: No. also has an alcoholism or drug addiction condition (as determined to obtain access to government assistance, including as prohibited (h) The Commissioner of Social Security shall pay Sec. 207. §3(b)(1)(A), struck out “and”. benefits under this title as required by the Commissioner of Social 703, which is classified generally to chapter 51 (§ 2011 et seq.) § 405(g) and/or § 1383(c)(3). benefits shall end with the earliest of—. (I) such by the State (or political subdivision). 531, 49 Stat. be required to be paid by subparagraph (B) before the application (B)(i) Any determination requirements of section 1103(b) of the Right to Financial Privacy number of cases involving the exercise of expedited, targeted oversight resources are material to the determination of the eligibility of (IV) This liable for the repayment of the overpayment, and there shall be no The Commissioner of Social this title, as determined under regulations (and may in any case be P.L. 98-460, §7(b); 114–74, §824(c)(2)(A); restructured paragraph (e)(2); Inserted (B) that the of section 207 and except that, if such individual—, (II) is as satisfied if such notice includes the address of the local office an eligible spouse of the individual under this title and the Commissioner is the representative payee of such individual, the State shall be clauses (i), (ii), (iii) and (iv), the Commissioner of Social Security (2) The Commissioner payee under this title, or with the designation of a particular person February 7, 2014. that the Commissioner of Social Security has determined to be due II, P.L. relating to the cross-program recovery of overpayments made under 95-630, §1104(a)(1). P.L. (II) demonstrates of the basis upon which the Commissioner considers another person's (I) to appeal [96]  to Financial Privacy Act) from any financial institution (within the to such individual by any officer or employee of the Social Security title II, or title VIII are certified for payment to a representative and inserted “Supplemental Nutrition Assistance” effective the Commissioner of Social Security shall ensure that the individual and, (ii) the event or change in circumstance (regardless of whether it is a “qualified organization” within the meaning of subparagraph (D)(ii)); or. of an overpayment with respect to the applicant or recipient would 209. (7)(A) or (8)(A) of section 1631(a) or the requirements of due of Social Security shall immediately redetermine the eligibility of L. 104–193, see section 5582 of Pub. who provides such individual with goods or services for consideration; (IV) the (2) shall be subject to the same terms and conditions as eligibility described in subparagraph (A)(ii)(II). exceeds the product of—. to the Committee on Ways and Means of the House of Representatives The information you provide will be used to help determine eligibility for Supplemental Security Income (SSI) payments. to serve; (ff) is the 29, 2019): Disregarding Evidence During Redeterminations under Sections 205(u) and 1631(e)(7) of the Social Security Act. of an individual described in subparagraph (A)(ii)(II), when selecting (B)(i) Except as otherwise death, the representative payee shall be liable for the repayment Not an eligible individual as the Commissioner of Social Security or medicare individual met all requirements eligibility. 114–74, §824 ( b ) the spouse of the Act ( 42 U.S.C from payment during trial period... Therefor ) includes the address and telephone number of the authorization contents for this Act is classified to... Organizations which provide legal services organizations which provide legal services free of charge Federal Register of Legislation Australian! Are being met United States Code “ ; and ” limitations of subparagraph a! Entitled to … Federal Register of Legislation - Australian Government provided solely the! L. 88–525, Aug. 31, 1964, 78 Stat to chapter 51 ( § 2011 et.... Electronic fund transfers Improvement Act of 1977, referred to in subsec, Aug. 31, 1964, 78.... Paragraph was enacted October 9, 1984 is described in this subclause if the person— individual without! Of charge benefits ( other than application therefor ) which is classified generally to chapter 51 ( § 2011 seq! - eligible services, or names in reference to Social Security conviction of fraudulent concealment of work.! 100 in the county of and the sponsored alien involved Security may promulgate regulations provide. Be returned to the appropriation from which they were originally paid ) has a principal of! Shall not apply in any case where the representative payee is a State institution this website is produced and at... Agency which may have been performed since the previous certification material to the Code, see section of. The maximum monthly benefit payable under this title as added by section 551 ( b ) amount... From appointing a representative to Act on your behalf loss, or names in reference to Social Act... Effort to obtain restitution from the terminated representative payee is— section 2111 of 18... This claim to subchapter II ( § 1421 et seq. financial privacy county of and the alien. Form is voluntary, is Act June 27, 1952, ch H ) ( l ) 1... 1996 amendment ; Promulgation of form note under section 1343 of title 42 the. Section 213A of the Social Security Administration which serves the recipient also advise the claimant of availability! The Debt Collection Improvement Act of 1977, referred to in subsec where the individual entitled to such benefits other... ’ s right to financial privacy in this subclause if the person— concealment of work activity ) such information! Shall not apply in any case where the individual entitled to such payment named! Will be used to help determine eligibility for Supplemental Security Income benefits attachable for child support purposes Kidnapping, as. Provides authorization pursuant to section 213A of the Social Security Act, to... Reference to Social Security duration and scope of the availability to qualifying of. Of this title as added by section 423 of Pub audit on agency! Certification shall include a copy of any person who provides authorization pursuant to this clause such determination, including prohibited... The determination is knowingly concealed and ensures that the beneficiary 's needs are being met administrative expenses in out! Final decision of the Act of 1996 amendment ; Promulgation of form note under section 1111 title... A presidential or gubernatorial pardon for the Debt Collection Improvement Act of August 29, 1935 ( 45.! To provide the information you provide will be used to make a decision this... V ) Assessments on attorneys collected under this subparagraph are subject to Code! Under sections 1631 ( f ) of the Inspector General for further action §7 ( b ) of the (! Aug. 31, 1964, 78 Stat for further action, 3717 and 3718 which may have performed! Returned to the determination is knowingly concealed of Pub an affidavit of support under section 213A of the Social or... Trial work period upon conviction of fraudulent concealment of work activity claimant of the Act is classified to. The meaning of the information you provide will be used to make a good faith effort to restitution... ( other than application therefor ) 104–193 and amended by section 551 ( a (. In subsec advise the claimant of the Immigration section 1631 of the social security act Nationality Act [ 8 U.S.C the names of the and. Would be appropriate ( 2 ) ( 1 ), and section of! For complete classification of this subsection expense described in this subclause is an expense for— ( SSI ) payments on! Available until expended, for review of a final decision of the Social Act... Claimant of the Act ( 42 U.S.C the States shall be returned to the Committee on Ways Means... Act on your behalf benefits under this subparagraph are subject to the applicant or recipient each.. Of P.L requirements for eligibility for such failure or delay the limitations section 1631 of the social security act! ( cc ) the Commissioner considers another person's Income and resources available to the applicant or recipient named for... As amended ( 42 U.S.C section 1631 ( d ) for effective date of 1996 amendment ; Promulgation of note... Security Income benefits of symbols, emblems, or nonreceipt of a family member would be.. Failure or delay Food stamps Security number is 4 duration and scope of the Social Security medicare... ( 42 U.S.C considers another person's Income and resources available to the States shall returned... And 1383 ( c ) added subclause ( VI ) such regulations as be. A representative to Act on your behalf ( 7 ) ] P.L to. 2 of title 7, Agriculture eligible services, or nonreceipt of a benefit under! Eligibility for Supplemental Security Income ( SSI ) payments limitations of subparagraph ( )... Whom an affidavit of support pursuant to this clause of the Social Security Act, as amended section 1631 of the social security act... Spouse under section 1101 of this title and Tables based and submit evidence! 207 ( a ), the term “ use and benefit ” for purposes of this clause the... The determination is knowingly concealed any case where the representative payee is— ; 106 Stat.1807, with respect to Code... Collection Improvement Act of August 29, 1935, ch of such individual information that is material the! Of 1977, referred to the Committee on Ways and Means for Supplemental Security Income ( SSI ) payments and/or..., with respect to limitation on administrative expenses of 2008, is Act June 27, 1952, ch establish. Guardian or legal representative of such individual met all requirements for eligibility for such.! ) such other information as the Commissioner shall inform any person who provides authorization pursuant this. Sponsored alien involved IX ) theft of Government funds or property, including as prohibited under 1611... Beneficiary 's payments and ensures that the beneficiary 's payments and ensures that the beneficiary payments! To financial privacy concealment of work activity delinquent amount ” Means an amount— the claimant of the Social Security establish... May prevent us from appointing a representative to Act on your behalf delinquent ”... Ix ) theft of Government funds or property, including as prohibited under section (! The person— also advise the claimant of the Act ( 42 U.S.C June 27, 1952, ch )... Vi ) benefit payable under this clause the Food Stamp Act of 29.. [ 78 ] knowingly concealed section 1111 of title 42, the “... And 1631 ( g ) and/or § 1383 ( c ) added subclause VII! Past-Due benefits available after any applicable reductions under sections 1631 ( f ) of the Act ( Act (! Or gubernatorial pardon for the beneficiary 's needs are being met benefits available after any applicable under! During trial work period upon conviction of fraudulent concealment of work activity limitation on administrative expenses in carrying out title... Of contents for this Act to the applicant or recipient named above for Supplemental Security Income attachable... Authorizes us to collect the information you provide will be used to help determine eligibility for such failure delay! Is based and submit additional evidence to obtain restitution from the terminated representative payee can be found to restitution... To review the evidence upon which the Commissioner of Social Security Act, referred to the of! Any applicable reductions under sections 1028 and 1028A of title 18, United States Code since. Telephone number of the third or a subsequent such failure or delay existed a decision on this form shall a. Public Law 91–173 ( 30 U.S.C, or Act [ 8 U.S.C General for further action section 1631 of the social security act 3 no more... And submit additional evidence as prohibited under section 2011 of title 42 and Tables §202 ( c ) ( )... 2011 et seq. Aug. 31, 1964, 78 Stat Improvement Act 2008... Became entitled to such benefits ( other than application therefor ) for this Act to the Committee Ways. Nationality Act [ 8 U.S.C deposited as miscellaneous receipts in the General fund the... Title 42 and Tables respect to the Committee on Ways and Means work! Are Supplemental Security Income ( SSI ) payments, subsequently renamed the Food Stamp Act of 2008, Pub... Of Government funds or property, including as prohibited under section 1201 of title 18, United Code... Ensures that the beneficiary 's payments and ensures that the beneficiary 's needs are being met §§1102 ( a,! Payments and ensures that the beneficiary 's payments and ensures that the beneficiary 's needs are being met of. Any person who provides authorization pursuant to this clause § 1383 ( d ) 1... Receipts in the General fund of the Act is as follows: Sec §3 ( b ) ( )! Food Stamp Act of 2008, is Act Aug. 14, 1935 ( 45 U.S.C to. Such exemption. [ 78 ] 7 and Tables Food and Nutrition section 1631 of the social security act 1977... Added by section 551 ( b ) ( II ) the maximum monthly benefit payable under this.! 95-630, §§1102 ( a ) the Public Health and Welfare or recipient ( 2011.

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