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Notes

20 C.F.R. §§ 404.2101–404.2103

3 sections in range

§404.2101. General.

20 C.F.R. § 404.2101

Section 222(d) of the Social Security Act authorizes the transfer from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund of such sums as may be necessary to pay for the reasonable and necessary costs of vocational rehabilitation (VR) services provided certain disabled individuals entitled under section 223, 225(b), 202(d), 202(e) or 202(f) of the Social Security Act. The purpose of this provision is to make VR services more readily available to disabled individuals and ensure that savings accrue to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund. Payment will be made for VR services provided on behalf of such an individual in cases where—
(a)
The furnishing of the VR services results in the individual's completion of a continuous 9-month period of substantial gainful activity (SGA) as specified in §§ 404.2110 through 404.2111; or
(b)
The individual continues to receive disability payments from us, even though his or her disability has ceased, because of his or her continued participation in an approved VR program which we have determined will increase the likelihood that he or she will not return to the disability rolls (see § 404.2112).
Notes, amendments, and revision history

Amendments

[68 FR 40123, July 7, 2003]

Authority

Authority: Secs. 205(a), 222, and 702(a)(5) of the Social Security Act (42 U.S.C. 405(a), 422, and 902(a)(5)).

Source

Source: 48 FR 6293, Feb. 10, 1983, unless otherwise noted.

Amendments

[68 FR 40123, July 7, 2003]

§404.2102. Purpose and scope.

20 C.F.R. § 404.2102

This subpart describes the rules under which the Commissioner will pay the State VR agencies for VR services. Payment will be provided for VR services provided on behalf of disabled individuals under one or more of the provisions discussed in § 404.2101.
(a)
Sections 404.2101 through 404.2103 describe the purpose of these regulations and the meaning of terms we frequently use in them.
(b)
Section 404.2104 explains how State VR agencies may participate in the payment program under this subpart.
(c)
[Reserved]
(d)
Sections 404.2108 through 404.2109 describe the requirements and conditions under which we will pay a State VR agency under this subpart.
(e)
Sections 404.2110 through 404.2111 describe when an individual has completed a continuous period of SGA and when VR services will be considered to have contributed to that period.
(f)
Section 404.2112 describes when payment will be made to a VR agency because an individual's disability benefits are continued based on his or her participation in a VR program which we have determined will increase the likelihood that he or she will not return to the disability rolls.
(g)
Sections 404.2114 through 404.2115 describe services for which payment will be made.
(h)
Section 404.2116 describes the filing deadlines for claims for payment for VR services.
(i)
Section 404.2117 describes the payment conditions.
(j)
[Reserved]
(k)
Section 404.2119 describes how we will make payment to State VR agencies for rehabilitation services.
(l)
Sections 404.2120 and 404.2121 describe the audits and the prepayment and postpayment validation reviews we will conduct.
(m)
Section 404.2122 discusses confidentiality of information and records.
(n)
Section 404.2123 provides for the applicability of other Federal laws and regulations.
(o)
Section 404.2127 provides for the resolution of disputes.
Notes, amendments, and revision history

Amendments

[48 FR 6293, Feb. 10, 1983, as amended at 55 FR 8454, Mar. 8, 1990; 59 FR 11912, Mar. 15, 1994; 62 FR 38452, July 18, 1997; 68 FR 40123, July 7, 2003; 83 FR 62456, Dec. 4, 2018]

Authority

Authority: Secs. 205(a), 222, and 702(a)(5) of the Social Security Act (42 U.S.C. 405(a), 422, and 902(a)(5)).

Source

Source: 48 FR 6293, Feb. 10, 1983, unless otherwise noted.

Amendments

[48 FR 6293, Feb. 10, 1983, as amended at 55 FR 8454, Mar. 8, 1990; 59 FR 11912, Mar. 15, 1994; 62 FR 38452, July 18, 1997; 68 FR 40123, July 7, 2003; 83 FR 62456, Dec. 4, 2018]

§404.2103. Definitions.

20 C.F.R. § 404.2103

For purposes of this subpart:

Accept the beneficiary as a client for VR services means that the State VR agency determines that the individual is eligible for VR services and places the individual into an active caseload status for development of an individualized written rehabilitation program.

Act means the Social Security Act, as amended.

Commissioner means the Commissioner of Social Security or the Commissioner's designee.

Disability means “disability” or “blindness” as defined in sections 216(i) and 223 of the Act.

Disability beneficiary means a disabled individual who is entitled to benefits under section 223, 202(d), 202(e) or 202(f) of the act or is continuing to receive payment under section 225(b) of the Act after his or her disabling physical or mental impairments have ceased.

Medical recovery for purposes of this subpart is established when a beneficiary's disability entitlement ceases for any medical reason (other than death). The determination of medical recovery is made by the Commissioner in deciding a beneficiary's continuing entitlement to benefits.

Place the beneficiary into an extended evaluation process means that the State VR agency determines that an extended evaluation of the individual's VR potential is necessary to determine whether the individual is eligible for VR services and places the individual into an extended evaluation status.

SGA means substantial gainful activity performed by an individual as defined in §§ 404.1571 through 404.1575 or § 404.1584 of this subpart.

State means any of the 50 States of the United States, the Commonwealth of Puerto Rico, the District of Columbia, the Virgin Islands, or Guam. It includes the State VR agency.

Trust Funds means the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund.

Vocational rehabilitation services has the meaning assigned to it under title I of the Rehabilitation Act of 1973.

VR agency means an agency of the State which has been designated by the State to provide vocational rehabilitation services under title I of the Rehabilitation Act of 1973.

Waiting period means a five consecutive calendar month period throughout which an individual must be under a disability and which must be served before disability benefits can be paid (see § 404.315(d)).

We, us and our refer to the Social Security Administration (SSA).

Notes, amendments, and revision history

Amendments

[48 FR 6293, Feb. 10, 1983, as amended at 55 FR 8454, Mar. 8, 1990; 59 FR 11912, Mar. 15, 1994; 62 FR 38452, July 18, 1997; 68 FR 40123, July 7, 2003; 83 FR 62456, Dec. 4, 2018]

Authority

Authority: Secs. 205(a), 222, and 702(a)(5) of the Social Security Act (42 U.S.C. 405(a), 422, and 902(a)(5)).

Source

Source: 48 FR 6293, Feb. 10, 1983, unless otherwise noted.

Amendments

[48 FR 6293, Feb. 10, 1983, as amended at 55 FR 8454, Mar. 8, 1990; 59 FR 11912, Mar. 15, 1994; 62 FR 38452, July 18, 1997; 68 FR 40123, July 7, 2003; 83 FR 62456, Dec. 4, 2018]