Page:United States Statutes at Large Volume 110 Part 3.djvu/460

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110 STAT. 2190 PUBLIC LAW 104-193—AUG. 22, 1996 (B) inserting ", or (ii) in the case of an individual under the age of 18, to eHminate or improve the individual's impairment or combination of impairments so that it no longer results in marked and severe functional limitations" immediately before the period. 42 USC 1382c (d) EFFECTIVE DATES, ETC.— note. (1) EFFECTIVE DATES.— (A) SUBSECTIONS (a) AND (b). — (i) IN GENERAL.—The provisions of, and amendments made by, subsections (a) and (b) of this section shall apply to any individual who applies for, or whose claim is finally adjudicated with respect to, benefits under title XVI of the Social Security Act on or after the date of the enactment of this Act, without regard to whether regulations have been issued to implement such provisions and amendments. (ii) DETERMINATION OF FINAL ADJUDICATION.—For purposes of clause (i), no individual's claim with respect to such benefits may be considered to be finally adjudicated before such date of enactment if, on or after such date, there is pending a request for either administrative or judicial review with respect to such claim that has been denied in whole, or there is pending, with respect to such claim, readjudication by the Commissioner of Social Security pursuant to relief in a class action or implementation by the Commissioner of a court remand order. (B) SUBSECTION (O.— The amendments made by subsection (c) of this section shall apply with respect to benefits under title XVI of the Social Security Act for months beginning on or after the date of the enactment of this Act, without regard to whether regulations have been issued to implement such amendments. (2) APPLICATION TO CURRENT RECIPIENTS.— (A) ELIGIBILITY REDETERMINATIONS.— During the period beginning on the date of the enactment of this Act and ending on the date which is 1 year after such date of enactment, the Commissioner of Social Security shall redetermine the eligibility of any individual under age 18 who is eligible for supplemental security income benefits by reason of disability under title XVI of the Social Security Act as of the date of the enactment of this Act and whose eligibility for such benefits may terminate by reason of the provisions of, or amendments made by, subsections (a) and (b) of this section. With respect to any redetermination under this subparagraph— (i) section 1614(a)(4) of the Social Security Act (42 U.S.C. 1382c(a)(4)) shall not apply; (ii) the Commissioner of Social Security shall apply the eligibility criteria for new applicants for benefits under title XVI of such Act; (iii) the Commissioner shall give such redetermination priority over all continuing eligibility reviews and other reviews under such title; and (iv) such redetermination shall be counted as a review or redetermination otherwise required to be made under section 208 of the Social Security