Page:United States Statutes at Large Volume 81.djvu/872

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[81 STAT. 838]
PUBLIC LAW 90-000—MMMM. DD, 1968
[81 STAT. 838]

838

PUBLIC LAW 90-248-JAN. 2, 1968

79 Stat. 367. 42 USC 416.

Ante,

p. 821.

42 USC 401428; Ante, p. 8 3 3.

[81 STAT.

" (F) An application for a disability determination which is filed more than 12 months after the month prescribed by subparagraph (D) as the month in which the period of disability ends (determined without regard to subparagraphs (B) and (E)) shall be accepted as an application for purposes of this paragraph if— "(i) in the case of an application filed by or on behalf of an individual with respect to a disability which ends after the month in which the Social Security Amendments of 1967 is enacted, such application is filed not more than 36 months after the month in which such disability ended, such individual is alive at the time the application is filed, and the Secretary finds in accordance with regulations prescribed by him that the failure of such individual to file an application for a disability determination within the time specified in subparagraph (E) was attributable to a physical or mental condition of such individual which rendered him incapable of executing such an application, and "(ii) in the case of an application filed by or on behalf of an individual with respect to a period of disability which ends in or before the month in which the Social Security Amendments of 1967 is enacted, " (I) such application is filed not more than 12 months after the month in which the Social Security Amendments of 1967 is enacted, " ( II) a previous application for a disability determination has been filed by or on behalf of such individual (1) in or before the month in which the Social Security Amendments of 1967 is enacted, and (2) not more than 36 months after the month in which his disability ended, and " ( III) the Secretary finds in accordance with regulations prescribed by him, that the failure of such individual to file an application within the then specified time period was attributable to a physical or mental condition of such individual which rendered him incapable of executing such an application. I n making a determination under this subsection, with respect to the disability or period of disability of any individual whose application for a determination thereof is accepted solely by reason of the provisions of this subparagraph (F), the provisions of this subsection (other than the provisions of this subparagraph) shall be applied as such provisions are in effect at the time such determination is made." (b) No monthly insurance benefits under title II of the Social Security Act shall be payable or increased for any month before the month in which this Act is enacted by reason of amendments made by subsection (a). B E N E F I T S FOR CERTAIN ADOPTED C H I L D R E N

42 USC 4) 2 1^ *

SEC. 112. (a) Section 202(d)(8) of the Social Security Act (as redesignated by section 151(c) of this Act) is amended— (1) by striking out the period at the end of subparagraph (D), and inserting in lieu of such period "; or", and (2) by adding after and below subparagraph (D) the following new subparagraph: " (E) was legally adopted by such individual— " (i) in an adoption which took place under the supervision of a public or private child-placement agency, " (li) in an adoption decreed by a court of competent jurisdiction within the United States,