Disability Amendments of 1982

Disability Amendments of 1982 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to permit an individual who has been found to be no longer eligible for disability benefits and who has requested reconsideration of such determination to elect to have the payment of such benefits continued during the period of reconsideration. Provides that if the decision upon such reconsideration affirms the determination that the individual is not entitled to such benefits, any benefits paid pending such reconsideration shall be considered overpayments, except for benefits which are adjustment benefits.

Entitles an individual who has received disability benefits for a period of not less than 36 consecutive months and who has been determined to be no longer eligible for such benefits on or after the enactment of this Act and before January 1, 1985, to adjustment benefits for four additional months after his or her entitlement ceases. Prohibits the payment of such benefits under certain circumstances.

Provides that no benefit paid in any month before notification of a determination, on or after the enactment of this Act and before January 1, 1985, of ineligibility for disability benefits shall be considered an overpayment, unless such determination was delayed by the willful neglect of the individual to report his or her medical condition.

Provides that an application for disability benefits shall be valid if it is filed before a request for reconsideration of a disability determination or a decision on a reconsideration is made.

Sets forth procedural requirements with respect to disability determinations and reconsideration of such determinations by the Secretary of Health and Human Services.

Requires the Secretary to review a specified percentage of all disability determinations by administrative law judges in and after FY 1982.

Sets forth guidelines and evidentiary rules which shall govern disability determinations under title II.

Increases to eight (currently six) the minimum number of quarters of coverage required for an individual to be insured for disability benefits.

Provides that no individual shall be regarded as having demonstrated an ability to engage in substantial gainful activity on the basis of earnings that do not exceed the exempt amount (the amount of outside income a title II beneficiary may earn without a reduction of benefits) for purposes of determining disability. States the minimum amount of remuneration required for trial work performed by an individual entitled to disability, child's insurance, widow's insurance, or widower's insurance benefits for purposes of vocational rehabilitation.

Amends title VII (Administration) of the Social Security Act to: (1) reimburse medical schools and schools of osteopathy for the costs of providing courses in the evaluation of medical impairments in connection with disability determinations under title II; and (2) direct the Secretary to pay the costs of continuing education relevant to disability claims for physicians and osteopaths employed by the Social Security Administration or by State agencies in connection with disability determinations. Authorizes the payment of such costs from funds out of the Federal Disability Insurance Trust Fund. Creates an Advisory Council on the Medical Aspects of Disability to: (1) assist in the development of courses in the evaluation of medical impairments in connection with disability determinations; (2) evaluate continuing education programs in the medical aspects of disability; (3) evaluate the process of procuring medical evidence; (4) advise the Secretary on the level of medical documentation needed for adjudication of disability claims; (5) advise the Secretary on the listing of impairments in regulations; (6) examine the feasibility of making disability awards on a time-limited basis and the rehabilitation potential of specified diseases; and (7) advise the Secretary on policy matters with respect to disability determinations. Requires the Council to report to Congress on its activities every two years.

Permits an individual to obtain review by a civil action brought in the Social Security Court (established by this Act) of any final decision by the Secretary after a hearing pursuant to review of a disability determination to which such individual was a party. Sets forth the evidentiary and procedural rules for review of a disability determination by the Social Security Court.

Amends Part A (General Provisions) of title XI of such Act to establish the Social Security Court which shall have jurisdiction to review decisions rendered pursuant to benefit entitlement hearings under titles II and XVI (Supplemental Security Income) of such Act. Permits the Court to be divided into divisions of one or more judges so that cases may be heard throughout the United States. Requires that Social Security Court proceedings be conducted according to practice and procedural rules prescribed by the Court. Sets forth notice requirements.

Authorizes the Court to appoint commissioners and to punish persons in contempt of court. Provides that a decision of a division shall become a decision of the Court within 30 days unless the chief judge directs that such decision be reviewed by the Court. Requires that all proceedings, decisions, and orders of the Court be open to public inspection.

Grants the U.S. Court of Appeals for the District of Columbia exclusive jurisdiction to review decisions of the Social Security Court upon appeal by either the Secretary or the claimant. Limits its review and any further review by the U.S. Supreme Court to questions of statutory interpretation and constitutional issues.

Establishes the retirement system for judges of the Social Security Court.

Prohibits the expenditure of funds appropriated for administrative expenses under title II or title XVI of the Social Security Act for purposes related to the fixing of reasonable attorneys' fees. Prohibits the certification of funds from the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund for compensating an attorney who represents a claimant before the Secretary or any court. Prohibits the application of provisions of the Equal Access to Justice Act relating to awards of fees and expenses in agency actions and judicial proceedings to adjudications or actions under title II.

Prohibits the payment of title II benefits to any benefit applicant until a final determination of his or her entitlement has been made.

Amends the Omnibus Budget Reconciliation Act of 1981 to reduce disability benefits in the case of individuals who receive other periodic disability benefits (under any Federal, State, or local plans) and who reach age 62 after the enactment of this Act. Revises provisions of title II of the Social Security Act to provide for a reduction of disability benefits for individuals entitled to old-age benefits for each month of continuous receipt of such disability benefits.

Requires the Secretary to contract with a fiscal agent to pay for medical examinations provided in the process of making disability determinations under titles II and XVI of the Social Security Act.

Requires the Commissioner of Social Security to determine: (1) whether State vocational rehabilitation services meet the requirements for reimbursement of costs to the State by the Secretary of Health and Human Services under title II of the Social Security Act; and (2) what the amount to be paid to a State for such services should be. (Currently, the amount of funds for such reimbursement is limited to a specific percentage of benefits available under title II.) States the requirements which State plans for vocational rehabilitation services must meet in order for a State to be reimbursed.

Authorizes the Commissioner (currently the Secretary) to provide vocational rehabilitation services in States through public or private agencies, organizations, or individuals, in the absence of an approved State plan. Authorizes the transfer of funds from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund to pay the costs of vocational rehabilitation services provided through public or private agencies, organizations, or individuals (subject to the requirements which apply to State plans). Requires each State, public, or private recipient of vocational rehabilitation service payments to report periodically to the Commissioner on its program operation.

Authorizes the transfer of funds for FY 1983 and 1984 from the Federal Old-Age and Survivors Insurance Trust Fund to enable the Commissioner of the Rehabilitation Services Administration to pay the States for the costs of furnishing vocational evaluation and job placement services to individuals who were disabled but whose entitlement to benefits was terminated because of their recovery from the disability or a finding that the impairment has not existed. Sets a ceiling on the amount which may be paid to each State for each year. Requires the Commissioner of the Rehabilitation Services Administration to determine the amount to be paid to a State. Requires each State agency receiving such payments to report periodically to such Commissioner on the operation of its program.

Amends the Social Security Disability Amendments of 1980 to require the Secretary, not later than 18 months after the enactment of this Act, to start at least ten demonstration projects dealing with the treatment of the work activity of disabled beneficiaries under the old age, survivors and disability insurance program. Requires that at least five States participate in such projects. Requires the Secretary to report to Congress on such projects by the end of the 18-month period.