Page:United States Statutes at Large Volume 113 Part 3.djvu/366

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113 STAT. 1884 PUBLIC LAW 106-170—DEC. 17, 1999 shall be final and not subject to review under subsection (b) or (g) of section 205. "(B) The amount of a provisional benefit for a month shall equal the amount of the last monthly benefit payable to the individual under this title on the basis of an application increased by an amount equal to the amount, if any, by which such last monthly benefit would have been increased as a result of the operation of section 215(i). "(C)(i) Provisional benefits shall begin with the month in which a request for reinstatement is filed in accordance with paragraph (2)(A). "(ii) Provisional benefits shall end with the earliest of— "(I) the month in which the Commissioner makes a determination regarding the individual's entitlement to reinstated benefits; "(II) the fifth month following the month described in clause (i); "(III) the month in which the individual performs substantial gainful activity; or "(IV) the month in which the Commissioner determines that the individual does not meet the requirements of paragraph (l)(B)(i) or that the individual's declaration made in accordance with paragraph (2)(A)(ii) is false. "(D) In any case in which the Commissioner determines that an individual is not entitled to reinstated benefits, any provisional benefits paid to the individual under this paragraph shall not be subject to recovery as an overpayment unless the Commissioner determines that the individual knew or should have known that the individual did not meet the requirements of paragraph (1)(B).". (b) SSI BENEFITS. — (1) IN GENERAL.— Section 1631 of the Social Security Act (42 U.S.C. 1383) is amended by adding at the end the following new subsection: "Reinstatement of Eligibility on the Basis of Blindness or Disability "(p)(l)(A) Eligibility for benefits under this title shall be reinstated in any case where the Commissioner determines that an individual described in subparagraph (B) has filed a request for reinstatement meeting the requirements of paragraph (2)(A) during the period prescribed in subparagraph (C). Reinstatement of eligibility shall be in accordance with the terms of this subsection. "(B) An individual is described in this subparagraph if— "(i) prior to the month in which the individual files a request for reinstatement— "(I) the individual was eligible for benefits under this title on the basis of blindness or disability pursuant to an application filed therefor; and "(II) the individual thereafter was ineligible for such benefits due to earned income (or earned and unearned income) for a period of 12 or more consecutive months; " (ii) the individual is blind or disabled and the physical or mental impairment that is the basis for the finding of blindness or disability is the same as (or related to) the physical or mental impairment that was the basis for the finding of blindness or disability that gave rise to the eligibility described in clause (i);