# § 425. Additional rules relating to benefits based on disability
**(a)** **Suspension of benefits** section 423 of this titlesection 402(d) of this titlesection 402(e) of this titlesection 402(f) of this titlesection 421 of this titlesection 421(b) of this titlesection 423(d) of this titlesection 402 of this titlesection 402(d) of this titlesection 402(d) of this title
If the Commissioner of Social Security, on the basis of information obtained by or submitted to the Commissioner, believes that an individual entitled to benefits under , or that a child who has attained the age of eighteen and is entitled to benefits under , or that a widow or surviving divorced wife who has not attained age 60 and is entitled to benefits under , or that a widower or surviving divorced husband who has not attained age 60 and is entitled to benefits under , may have ceased to be under a disability, the Commissioner of Social Security may suspend the payment of benefits under such section 402(d), 402(e), 402(f), or 423 of this title until it is determined (as provided in ) whether or not such individual’s disability has ceased or until the Commissioner of Social Security believes that such disability has not ceased. In the case of any individual whose disability is subject to determination under an agreement with a State under , the Commissioner of Social Security shall promptly notify the appropriate State of the Commissioner’s action under this subsection and shall request a prompt determination of whether such individual’s disability has ceased. For purposes of this subsection, the term “disability” has the meaning assigned to such term in . Whenever the benefits of an individual entitled to a disability insurance benefit are suspended for any month, the benefits of any individual entitled thereto under subsection (b), (c), or (d) of , on the basis of the wages and self-employment income of such individual, shall be suspended for such month. The first sentence of this subsection shall not apply to any child entitled to benefits under , if he has attained the age of 18 but has not attained the age of 22, for any month during which he is a full-time student (as defined and determined under ).
**(b)** **Continued payments during rehabilitation program** Notwithstanding any other provision of this subchapter, payment to an individual of benefits based on disability (as described in the first sentence of subsection (a)) shall not be terminated or suspended because the physical or mental impairment, on which the individual’s entitlement to such benefits is based, has or may have ceased, if—
**(1)** such individual is participating in a program consisting of the Ticket to Work and Self-Sufficiency Program under section 1320b–19 of this title or another program of vocational rehabilitation services, employment services, or other support services approved by the Commissioner of Social Security, and
**(2)** the Commissioner of Social Security determines that the completion of such program, or its continuation for a specified period of time, will increase the likelihood that such individual may (following his participation in such program) be permanently removed from the disability benefit rolls.
**(c)** **Access to information held by payroll data providers**
**(1)** The Commissioner of Social Security may require each individual who applies for or is entitled to monthly insurance benefits under subsections (d)(1)(B)(ii), (d)(6)(A)(ii), (d)(6)(B), (e)(1)(B)(ii), and (f)(1)(B)(ii) of section 402 of this title and subsection (a)(1) of section 423 of this title to provide authorization by the individual for the Commissioner to obtain from any payroll data provider (as defined in section 1320e–3(c)(1) of this title) any record held by the payroll data provider with respect to the individual whenever the Commissioner determines the record is needed in connection with a determination of initial or ongoing entitlement to such benefits.
**(2)** An authorization provided by an individual under this subsection shall remain effective until the earliest of—
**(A)** the rendering of a final adverse decision on the individual’s application or entitlement to benefits under this subchapter;
**(B)** the termination of the individual’s entitlement to benefits under this subchapter; or
**(C)** the express revocation by the individual of the authorization, in a written notification to the Commissioner.
**(3)** The Commissioner of Social Security is not required to furnish any authorization obtained pursuant to this subsection to the payroll data provider.
**(4)** The Commissioner shall inform any person who provides authorization pursuant to this clause of the duration and scope of the authorization.
**(5)** If an individual who applies for or is entitled to benefits under this subchapter refuses to provide, or revokes, any authorization under this subsection, subsection (d) shall not apply to such individual beginning with the first day of the first month in which he or she refuses or revokes such authorization.
**(d)** **Reporting responsibilities for beneficiaries subject to information exchange with payroll data provider** section 1320a–8a of this title
An individual who has authorized the Commissioner of Social Security to obtain records from a payroll data provider under subsection (c) shall not be subject to a penalty under for any omission or error with respect to such individual’s wages as reported by the payroll data provider.
---
**Source Credit**: (Aug. 14, 1935, ch. 531, title II, § 225, as added Aug. 1, 1956, ch. 836, title I, § 103(a), 70 Stat. 817; amended Pub. L. 85–840, title II, § 205(*o*), Aug. 28, 1958, 72 Stat. 1025; Pub. L. 89–97, title III, § 306(c)(15), July 30, 1965, 79 Stat. 373; Pub. L. 90–248, title I, §§ 104(d)(5), 158(c)(9), Jan. 2, 1968, 81 Stat. 833, 869; Pub. L. 92–603, title I, § 107(b)(5), Oct. 30, 1972, 86 Stat. 1343; Pub. L. 96–265, title III, § 301(a), June 9, 1980, 94 Stat. 449; Pub. L. 98–21, title III, § 309(p), Apr. 20, 1983, 97 Stat. 117; Pub. L. 101–508, title V, § 5113(a), Nov. 5, 1990, 104 Stat. 1388–273; Pub. L. 103–296, title I, § 107(a)(4), title II, § 201(a)(3)(A), Aug. 15, 1994, 108 Stat. 1478, 1494; Pub. L. 104–121, title I, § 105(a)(4), Mar. 29, 1996, 110 Stat. 853; Pub. L. 106–170, title I, § 101(b)(1)(D), Dec. 17, 1999, 113 Stat. 1873; Pub. L. 114–74, title VIII, § 824(b)(1), (c)(1), Nov. 2, 2015, 129 Stat. 608, 609.)
## Editorial Notes
### Amendments
2015—Subsec. (c). , added subsec. (c).
Subsec. (d). , added subsec. (d).
1999—Subsec. (b)(1). substituted “a program consisting of the Ticket to Work and Self-Sufficiency Program under or another program of vocational rehabilitation services, employment services, or other support services” for “a program of vocational rehabilitation services”.
1996—Subsec. (c). struck out subsec. (c) which related to nonpayment or termination of benefits where entitlement involved alcoholism or drug addiction.
1994—, amended section catchline.
Subsec. (a). , inserted heading.
, substituted “Commissioner of Social Security” for “Secretary” wherever appearing, “to the Commissioner” for “to him”, and “the Commissioner’s” for “his”.
Subsec. (b). , inserted heading.
, substituted “Commissioner of Social Security” for “Secretary” in pars. (1) and (2).
Subsec. (c). , added subsec. (c).
, in subsec. (c) as added by , substituted “Commissioner of Social Security” for “Secretary” wherever appearing and “Commissioner’s” for “Secretary’s” wherever appearing.
1990—Subsec. (b)(1). , added par. (1) and struck out former par. (1) which read as follows: “such individual is participating in an approved vocational rehabilitation program under a State plan approved under title I of the Rehabilitation Act of 1973, and”.
Subsec. (b)(2). , substituted “Secretary” for “Commissioner of Social Security”.
1983—Subsec. (a). inserted “or surviving divorced husband” after “widower”.
1980— designated existing provisions as subsec. (a), made conforming amendments in subsec. (a) as so designated, and added subsec. (b).
1972— substituted “age 60” for “age 62”.
1968— in first sentence inserted “or that a widow or surviving divorced wife who has not attained age 60 and is entitled to benefits under , or that a widower who has not attained age 62 and is entitled to benefits under ,” after “,” and substituted “402(d), 402(e), 402(f), or 423” for “423 or 402(d)”, and substituted in third sentence reference to “423(d)” for “423(c)(2)”.
1965— inserted “The first sentence of this section shall not apply to any child entitled to benefits under , if he has attained the age of 18 but has not attained the age of 22, for any month during which he is a full-time student (as defined and determined under ).”
1958— provided that whenever the benefits of an individual entitled to a disability insurance benefit are suspended for any month, the benefits of any individual entitled thereto under subsection (b), (c), or (d) of , on the basis of the wages and self-employment income of such individual, shall be suspended for such month.
## Statutory Notes and Related Subsidiaries
### Effective Date of 2015 Amendment
> “The amendments made by this section [enacting
>
> and amending this section and
>
> ] shall take effect on the date that is 1 year after the date of the enactment of this Act [Nov 2, 2015].”
, , , provided that:
### Effective Date of 1999 Amendment
Amendment by effective with the first month following one year after , subject to , see , set out as an Effective Date note under .
### Effective Date of 1996 Amendment
Amendment by applicable to any individual who applies for, or whose claim is finally adjudicated with respect to, benefits under this subchapter based on disability on or after , with special rule for any individual who applied, and whose claim has been finally adjudicated, before , see , set out as a note under .
### Effective Date of 1994 Amendment; Sunset Provision
Amendment by effective , see , set out as a note under .
> **“(C)** **Sunset of 36-month rule.—** Section 225(c)(7) of the Social Security Act [42 U.S.C. 425(c)(7)] (added by subparagraph (A)) shall cease to be effective with respect to benefits for months after September 2004.
>
> **“(E)** **Effective date.—**
>
> **“(i)** **In general.—** Except as otherwise provided in this paragraph, the amendments made by this paragraph [amending this section and sections 426 and 426–1 of this title] shall apply with respect to benefits based on disability (as defined in section 225(c)(9) of the Social Security Act [42 U.S.C. 425(c)(9)], added by this section) which are otherwise payable in months beginning after 180 days after the date of the enactment of this Act [Aug. 15, 1994]. The Secretary of Health and Human Services shall issue regulations necessary to carry out the amendments made by this paragraph not later than 180 days after the date of the enactment of this Act.
>
> **“(ii)** **Referral and monitoring agencies.—** Section 225(c)(5) of the Social Security Act [42 U.S.C. 425(c)(5)] (added by this subsection) shall take effect 180 days after the date of the enactment of this Act.
>
> **“(iii)** **Termination after 36 months.—** Section 225(c)(7) of the Social Security Act [42 U.S.C. 425(c)(7)] (added by this subsection) shall apply with respect to benefits based on disability (as so defined) for months beginning after 180 days after the date of the enactment of this Act.”
, (E), , , provided that:
### Effective Date of 1990 Amendment
> “The amendments made by this section [amending this section and
>
> ] shall be effective with respect to benefits payable for months after the eleventh month following the month in which this Act is enacted [November 1990] and shall apply only with respect to individuals whose blindness or disability has or may have ceased after such eleventh month.”
, , , provided that:
### Effective Date of 1983 Amendment
Amendment by applicable only with respect to monthly payments payable under this subchapter for months after April 1983, see , set out as a note under .
### Effective Date of 1980 Amendment
> “The amendments made by this section [amending this section and
>
> ] shall become effective on the first day of the sixth month which begins after the date of the enactment of this Act [
>
> ], and shall apply with respect to individuals whose disability has not been determined to have ceased prior to such first day.”
, , , provided that:
### Effective Date of 1972 Amendment
Amendment by applicable with respect to monthly benefits under this subchapter for months after December 1972, with specified exceptions, see , set out as a note under .
### Effective Date of 1968 Amendment
Amendment by applicable with respect to monthly benefits under this subchapter for and after the month of February 1968, but only on the basis of applications for such benefits filed in or after January 1968, see , set out as a note under .
Amendment by applicable with respect to applications for disability insurance benefits under and to disability determinations under , see , set out as a note under .
### Effective Date of 1958 Amendment
Amendment by section 205() of applicable with respect to monthly benefits under this subchapter for months after August 1958, but only if an application for such benefits is filed on or after , see , set out as a note under .
### Effective Date
Section applicable only with respect to monthly benefits under this subchapter for months after June 1957, see section 103(a) of act , set out as a note under .
### Report on Referral, Monitoring, Testing and Treatment of Individuals Where Entitlement to or Termination of Benefits Involves Alcoholism or Drug Addiction
, , , provided that not later than , the Secretary was to submit to Congress a full and complete report on the Secretary’s activities under former subsec. (c)(5) of this section, which was to include the number and percentage of individuals referred to in such provision who had not received regular drug testing since the effective date of such provision, prior to repeal by , , .
### Transition Rules for Current Beneficiaries
> **“(i)** **Treatment requirement.—** Paragraphs (1) through (4) of section 225(c) of the Social Security Act [42 U.S.C. 425(c)(1)–(4)] (added by this subsection) shall apply only with respect to benefits paid in months after the month in which such individual is notified by the Secretary in writing that alcoholism or drug addiction is a contributing factor material to the Secretary’s determination and that such individual is therefore required to comply with the provisions of section 225(c) of such Act.
>
> **“(ii)** **Termination after 36 months.—**
>
> **“(I)** **In general.—** For purposes of section 225(c)(7) of the Social Security Act [42 U.S.C. 425(c)(7)] (added by this subsection), the first month of entitlement beginning after 180 days after the date of the enactment of this Act [Aug. 15, 1994] shall be treated as the individual’s first month of entitlement to such benefits.
>
> **“(II)** **Concurrent beneficiaries currently under treatment.—** In any case in which the individual is also entitled to benefits under title XVI [42 U.S.C. 1381 et seq.] and, as of 180 days after the date of the enactment of this Act, such individual is undergoing treatment required under section 1611(e)(3) of the Social Security Act [42 U.S.C. 1382(e)(3)] (as in effect immediately before the date of the enactment of this Act), the Secretary of Health and Human Services shall notify such individual of the provisions of section 225(c)(7) of the Social Security Act (added by this subsection) not later than 180 days after the date of the enactment of this Act.
>
> **“(III)** **Concurrent beneficiaries not currently under treatment.—** In any case in which the individual is also entitled to benefits under title XVI but, as of 180 days after the date of the enactment of this Act, such individual is not undergoing treatment described in subclause (II), section 225(c)(7) (added by this subsection) shall apply only with respect to benefits for months after the month in which treatment required under section 1611(e)(3) of the Social Security Act (as amended by subsection (b)) is available, as determined under regulations of the Secretary of Health and Human Services, and the Secretary notifies such individual of the availability of such treatment and describes in such notification the provisions of section 225(c)(7) of the Social Security Act (added by this subsection).”
, , , provided that:
### Demonstration Projects Relating to Referral, Monitoring, and Treatment for Alcoholics or Drug Addicts
, , , related to demonstration projects relating to referral, monitoring, and treatment for alcoholics or drug addicts, prior to repeal by , , .
### Payment of Costs of Rehabilitation Services
Amendment of sections 422 and 1382d of this title by section 11(a), (b) of applicable with respect to individuals who receive benefits as a result of section 425(b) or , or who refuse to continue to accept rehabilitation services or fail to cooperate in an approved vocational rehabilitation program, in or after the first month following October 1984, see , set out as an Effective Date of 1984 Amendment note under .