§ 421.
(i)
Review of disability cases to determine continuing eligibility; permanent disability cases; appropriate number of cases reviewed; reporting requirements
(1)
In any case where an individual is or has been determined to be under a disability, the case shall be reviewed by the applicable State agency or the Commissioner of Social Security (as may be appropriate), for purposes of continuing eligibility, at least once every 3 years, subject to paragraph (2); except that where a finding has been made that such disability is permanent, such reviews shall be made at such times as the Commissioner of Social Security determines to be appropriate. Reviews of cases under the preceding sentence shall be in addition to, and shall not be considered as a substitute for, any other reviews which are required or provided for under or in the administration of this subchapter.
(2)
The requirement of paragraph (1) that cases be reviewed at least every 3 years shall not apply to the extent that the Commissioner of Social Security determines, on a State-by-State basis, that such requirement should be waived to insure that only the appropriate number of such cases are reviewed. The Commissioner of Social Security shall determine the appropriate number of cases to be reviewed in each State after consultation with the State agency performing such reviews, based upon the backlog of pending reviews, the projected number of new applications for disability insurance benefits, and the current and projected staffing levels of the State agency, but the Commissioner of Social Security shall provide for a waiver of such requirement only in the case of a State which makes a good faith effort to meet proper staffing requirements for the State agency and to process case reviews in a timely fashion. The Commissioner of Social Security shall report annually to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to the determinations made by the Commissioner of Social Security under the preceding sentence.
(3)
The Commissioner of Social Security shall report annually to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to the number of reviews of continuing disability carried out under paragraph (1), the number of such reviews which result in an initial termination of benefits, the number of requests for reconsideration of such initial termination or for a hearing with respect to such termination under subsection (d), or both, and the number of such initial terminations which are overturned as the result of a reconsideration or hearing.
(4)
In any case in which the Commissioner of Social Security initiates a review under this subsection of the case of an individual who has been determined to be under a disability, the Commissioner of Social Security shall notify such individual of the nature of the review to be carried out, the possibility that such review could result in the termination of benefits, and the right of the individual to provide medical evidence with respect to such review.
([Aug. 14, 1935, ch. 531], title II, § 221, as added [Sept. 1, 1954, ch. 1206], title I, § 106(g), [68 Stat. 1081]; amended [Aug. 1, 1956, ch. 836], title I, § 103(c)(7), (8), (h), [70 Stat. 818], 823; [Pub. L. 90–248, title I, § 158(c)(3)], (4), Jan. 2, 1968, [81 Stat. 869]; [Pub. L. 96–265, title III], §§ 304(a)–(f), 311(a), June 9, 1980, [94 Stat. 453–456], 460; [Pub. L. 97–455], §§ 3(a), 6, Jan. 12, 1983, [96 Stat. 2499], 2500; [Pub. L. 98–369, div. B, title VI, § 2663(a)(14)], July 18, 1984, [98 Stat. 1164]; [Pub. L. 98–460], §§ 6(a), 8(a), 9(a)(1), 10(a), 17(a), Oct. 9, 1984, [98 Stat. 1802], 1804, 1805, 1811; [Pub. L. 99–514, title XVIII, § 1883(a)(9)], Oct. 22, 1986, [100 Stat. 2916]; [Pub. L. 100–647, title VIII, § 8012(a)], Nov. 10, 1988, [102 Stat. 3789]; [Pub. L. 101–239, title X, § 10306(a)(1)], Dec. 19, 1989, [103 Stat. 2484]; [Pub. L. 101–508, title V, § 5128(a)], Nov. 5, 1990, [104 Stat. 1388–286]; [Pub. L. 103–296, title I, § 107(a)(4)], Aug. 15, 1994, [108 Stat. 1478]; [Pub. L. 106–170, title I], §§ 101(b)(1)(A), 111(a), Dec. 17, 1999, [113 Stat. 1873], 1881; [Pub. L. 108–271, § 8(b)], July 7, 2004, [118 Stat. 814]; [Pub. L. 114–74, title VIII, § 832(a)], Nov. 2, 2015, [129 Stat. 613].)