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Code · BILL · 116th Congress · S. 3740 (Introduced in Senate) — To assist older Americans and people with disabilities affected by COVID–19. · Sec. 112

Sec. 112. State grants to protect the legal rights of SSI and SSDI applicants and beneficiaries

548 words·~2 min read·/bill/116/s/3740/is/section-112

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Title XI of the Social Security Act ( 42 U.S.C. 1301 et seq.) is amended by inserting after section 1150B the following new section: The Commissioner may make payments in each State to the protection and advocacy system established pursuant to part C of title I of the Developmental Disabilities Assistance and Bill of Rights Act for the purpose of protecting the legal rights of beneficiaries with a disability. Services provided to beneficiaries with a disability pursuant to a payment made under this section may include— information and advice about accessing and applying for benefits under title II or title XVI on the basis of a disability and appealing eligibility decisions with respect to such benefits; advocacy and other services that a beneficiary with a disability may need related to such benefits; and services described in section 1150(b).
In order to receive payments under this section, a protection and advocacy system shall submit an application to the Commissioner, at such time, in such form and manner, and accompanied by such information and assurances as the Commissioner may require. Subject to the amount appropriated for a fiscal year for making payments under this section, a protection and advocacy system shall not be paid an amount that is less than— in the case of a protection and advocacy system located in one of the 50 States, the District of Columbia, or Puerto Rico, $200,000; and in the case of a protection and advocacy system located in Guam, American Samoa, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands, $100,000.
For each fiscal year in which the total amount appropriated to carry out this section exceeds the total amount appropriated to carry out this section in the preceding fiscal year, the Commissioner shall increase each minimum payment under subparagraphs
(A)and
(B)of paragraph
(1)by a percentage equal to the percentage increase in the total amount so appropriated to carry out this section. Each protection and advocacy system that receives a payment under this section shall submit an annual report to the Commissioner on the services provided to individuals by the system. Payments under this section shall be made from amounts made available for the administration of title II and amounts made available for the administration of title XVI, and shall be allocated among those amounts as appropriate. Any amounts allotted for payment to a protection and advocacy system under this section for a fiscal year shall remain available for payment to or on behalf of the protection and advocacy system until the end of the succeeding fiscal year. In this section: The term beneficiary with a disability means an individual who— is a title II disability beneficiary or a title XVI disability beneficiary (as such terms are defined under section 1148(k)); or is an applicant or prospective applicant for benefits under title II or title XVI on the basis that such individual has a disability. The term Commissioner means the Commissioner of Social Security. The term protection and advocacy system means a protection and advocacy system established pursuant to part C of title I of the Developmental Disabilities Assistance and Bill of Rights Act. There are authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2021 through 2025. .
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Sec. 112
State grants to protect the legal rights of SSI and SSDI applicants and beneficiaries
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