42 U.S.C. § 1383B
Section 1383b · Administration
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View current version →Subject to subsection (b) of this section, the Commissioner of Social Security may make such administrative and other arrangements (including arrangements for the determination of blindness and disability under section 1382c(a)(2) and (3) of this title in the same manner and subject to the same conditions as provided with respect to disability determinations under section 421 of this title) as may be necessary or appropriate to carry out the Commissioner's functions under this subchapter.
In determining, for purposes of this subchapter, whether an individual is blind, there shall be an examination of such individual by a physician skilled in the diseases of the eye or by an optometrist, whichever the individual may select.
In any case in which the Commissioner of Social Security initiates a review under this subchapter, similar to the continuing disability reviews authorized for purposes of subchapter II of this chapter under section 421(i) of this title, the Commissioner of Social Security shall notify the individual whose case is to be reviewed in the same manner as required under section 421(i)(4) of this title.
The Commissioner of Social Security shall establish by regulation criteria for time limits and other criteria related to individuals’ plans for achieving self-support, that take into account—
(1) the length of time that the individual will need to achieve the individual's employment goal (within such reasonable period as the Commissioner of Social Security may establish); and
(2) other factors determined by the Commissioner of Social Security to be appropriate.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Amendments
1994—Subsec. (a). Pub. L. 103–296, §107(a)(4), substituted “Commissioner of Social Security” for “Secretary” and “the Commissioner's” for “his”.
Subsec. (c). Pub. L. 103–296, §107(a)(4), substituted “Commissioner of Social Security” for “Secretary” in two places.
Subsec. (d). Pub. L. 103–296, §203(a), added subsec. (d).
Pub. L. 103–296, §107(a)(4), in subsec. (d) as added by Pub. L. 103–296, §203(a), substituted “Commissioner of Social Security” for “Secretary” wherever appearing.
1984—Subsec. (c). Pub. L. 98–460 added subsec. (c).
1973—Subsec. (a). Pub. L. 93–66, §214(1), (2), designated existing provisions as subsec. (a) and made the authority of the Secretary subject to subsec. (b) of this section.
Subsec. (b). Pub. L. 93–66, §214(3), added subsec. (b).
Effective Date of 1994 Amendment
Amendment by section 107(a)(4) of Pub. L. 103–296 effective Mar. 31, 1995, see section 110(a) of Pub. L. 103–296, set out as a note under section 401 of this title.
Section 203(b) of Pub. L. 103–296 provided that: “The amendment made by subsection (a) [amending this section] shall take effect on January 1, 1995.”
Effective Date
Section 301 of Pub. L. 92–603 provided that this section is effective Jan. 1, 1974.
Institution of Notification System
For provisions requiring the Secretary to institute the system of notification required by subsec. (c) of this section as soon as practicable after Oct. 9, 1984, see section 6(c) of Pub. L. 98–460, set out as a note under section 421 of this title.
Federal Program of Supplemental Security Income; Preference for Present State and Local Employees
Section 213 of Pub. L. 93–66 provided that: “The Secretary of Health, Education, and Welfare [now Health and Human Services] in the recruitment and selection for employment of personnel whose services will be utilized in the administration of the Federal program of supplemental security income for the aged, blind, and disabled (established by title XVI of the Social Security Act [this subchapter]), shall give a preference, as among applicants whose qualifications are reasonably equal (subject to any preferences conferred by law or regulation on individuals who have been Federal employees and have been displaced from such employment), to applicants for employment who are or were employed in the administration of any State program approved under title I, X, XIV, or XVI of such Act [subchapter I, X, XIV, or XVI of this chapter] and are or were involuntarily displaced from their employment as a result of the displacement of such State program by such Federal program.”
Application to Northern Mariana Islands
For applicability of this section to the Northern Mariana Islands, see section 502(a)(1) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America and Proc. No. 4534, Oct. 24, 1977, 42 F.R. 6593, set out as notes under section 1801 of Title 48, Territories and Insular Possessions.
Puerto Rico, Guam, and Virgin Islands
Enactment of provisions of Pub. L. 92–603, eff. Jan. 1, 1974, not applicable to Puerto Rico, Guam, and the Virgin Islands, see section 303(b) of Pub. L. 92–603, set out as a note under section 301 of this title.