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Code · BILL · 117th Congress · S. 3071 (Introduced in Senate) — To protect our Social Security system and improve benefits for current and future generations. · Sec. 109

Sec. 109. Establishing a gradual offset for disability beneficiaries with earnings

521 words·~2 min read·/bill/117/s/3071/is/section-109

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Section 223(a)(1) of the Social Security Act ( 42 U.S.C. 423(a)(1) ) is amended, in the matter following subparagraph (E), by striking ; except that, in the case of an individual who has a period of trial work which ends as determined by application of section 222(c)(4)(A), the termination month shall be the earlier of
(I)the third month following the earliest month after the end of such period of trial work with respect to which such individual is determined to no longer be suffering from a disabling physical or mental impairment, or
(II)the third month following the earliest month in which such individual engages or is determined able to engage in substantial gainful activity, but in no event earlier than the first month occurring after the 36 months following such period of trial work in which he engages or is determined able to engage in substantial gainful activity . Section 202(d)(1)(G)(i) of such Act ( 42 U.S.C. 402(d)(1)(G)(i) ) is amended by striking ceases; except that, and all that follows through substantial gainful activity), and inserting ceases), . Subsections (e)(1) and (f)(1) of section 202 of such Act ( 42 U.S.C. 402 ) are each amended, in the matter following subparagraph (F), by striking ceases; except that, and all that follows through the end and inserting ceases. . Section 222 of such Act ( 42 U.S.C. 422 ) is amended by striking subsection (c). Section 226(b) of such Act ( 42 U.S.C. 426(b) ) is amended, in the matter following paragraph (2), by striking For purposes of this subsection and all that follows through the end. Section 223 of such Act ( 42 U.S.C. 423 ) is amended by striking subsection (i). Section 223(e) of such Act ( 42 U.S.C. 423(e) ) is amended to read as follows: Any benefit otherwise payable to an individual for a month under subsection (d)(1)(B)(ii), (d)(6)(A)(ii), (d)(6)(B), (e)(1)(B)(ii), or (f)(1)(B)(ii) of section 202 or under subsection (a)(1) of this section shall be reduced by $1 for each $2 by which the individual’s earnings derived from services for such month exceeds the amount specified in paragraph
(2)with respect to such month, except that such benefit may not be reduced below $0. The amount specified in this paragraph with respect to a month shall be the amount of monthly earnings derived from services established by the Commissioner (under regulations issued pursuant to section 223(d)(4)(A)) to represent substantial gainful activity in the case of a blind individual for such month. In the case of a benefit otherwise payable to an individual for a month under section 202 on the basis of the wages and self-employment income of an individual whose benefit is reduced pursuant to paragraph (1), such benefit shall be reduced for such month by the same proportion as the reduction made pursuant to paragraph (1). . Section 223(a)(2) of such Act ( 42 U.S.C. 423(a)(2) ) is amended by striking and section 215(b)(2)(A)(ii) and inserting , section 215(b)(2)(A)(ii), and subsection
(e)of this section . The amendments made by this section shall apply with respect to months in calendar years 2022 through 2026.
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Sec. 109
Establishing a gradual offset for disability beneficiaries with earnings
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