S.1358 - A bill to amend the Social Security Act to take into account monthly earnings in determining the amount of disability benefits payable to a recipient of disabled adult child's benefits and certain other beneficiaries and to provide for continued entitlement to disability and Medicare benefits for such individuals, and for other purposes.101st Congress (1989-1990)
Summary: S.1358 — 101st Congress (1989-1990)
Introduced in Senate (07/19/1989)
Title I: Special Status for Persons with Disabilities Whose Earnings Exceed Substantial Gainful Activity - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to continue an individual's entitlement to disability benefits and disability-based child's insurance benefits (other than those based on blindness) while such individual is under a special status, meaning that such individual is earning enough to be considered engaged in substantial gainful activity (currently, $85 per month), but would otherwise continue to satisfy eligibility requirements. Reduces such monthly benefits by 50 percent of a beneficiary's monthly earnings in excess of $85. Applies Supplemental Security Income (SSI) program (title XVI of the Social Security Act), rather than OASDI, benefit reduction rules to the total benefits of an individual who is entitled to disability-based child's insurance benefits and SSI benefits.
Prohibits the recovery of overpayments from persons on the same wage record as an individual whose disability-based child's insurance benefits are reduced to recover overpayments resulting from the failure to take such individual's wages into account.
Extends to current OASDI disability beneficiaries the rule preventing reductions in the primary insurance amount for prior recipients.
Title II: Amendments to Section 1619 of the Social Security Act - Amends the SSI program to deem OASDI disability benefiticaries who lose disability benefits after their trial work period to have been eligible for SSI benefits and thus qualified to participate in the SSI work incentive program if yet disabled.
Title III: Conforming Amendments Relating to Title XVI - Excludes spousal income and all costs of attendant care in determining whether a disabled individual should be considered as receiving SSI benefits for Medicaid (title XIX of the Social Security Act) eligibility purposes.
Excludes impairment-related work expenses from an individual's income in determing the amount of, and his or her eligibility for, a State supplementary payment under the SSI program.
Preserves the Medicaid eligibility of individuals who become ineligible for SSI benefits due to a cost-of-living increase in OASDI benefits.
Eliminates the requirement that an individual be under age 65 to be considered to be receiving SSI benefits for Medicaid eligibility purposes.
Requires States to provide supplementary payments to individuals participating in the SSI work incentive program.
Treats royalties, grants, honorariums, scholarships, and fellowships as earned income for SSI eligibility purposes.
Title IV: Amendments Relating to Medicare and Medicaid Programs - Amends the OASDI program to set a four-year limit on the Medicare hospital insurance (part A of the Medicare program) eligibility of individuals who owe their eligibility to their special status under the OASDI program. Amends the Medicare program to authorize such individuals to enroll for hospital insurance benefits upon the termination of such four-year limit, provided they enroll for Medicare supplementary insurance benefits under part B. Gives such option to the blind when their hospital insurance eligibility is set to expire.
Amends the Medicaid program to cover Medicare cost-sharing amounts for individuals of special status and the blind who are entitled to enroll for Medicare hospital insurance benefits and whose income and resources do not exceed 250 or, at the State's option, 350 percent of the Federal poverty level and the SSI resource eligibility limit, respectively. Requires States to collect a coinsurance percentage from such individuals pursuant to a sliding scale which increases such percentage from 0 to 100 percent in reasonable increments as incomes move from 150 to 250 or 350 percent of the Federal poverty level.