21 1 recommendations for such amendment should be included in 2 the plan for action by such committees, or for submittal by 3 such committees with appropriate recommendations to the 4 committees having jurisdiction over the Federal civil service 5 and retirement laws. 6 7 8 INFORMATION TO ACCOMPANY SECRETARY'S DECISIONS AS TO CLAIMANT'S RIGHTS SEC. 9. (a) Section 205(b) of the Social Security Act is 9 amended by inserting after the first sentence the following 10 new sentences: "Any such decision by the Secretary shall 11 contain a statement of the case setting forth (1) a citation and 12 discussion of the pertinent law and regulation, (2) a list of the 13 evidence of record and a summary of the evidence, and (3) 14 the Secretary's determination and the reason or reasons upon 15 which it is based. 16 (b) The amendment made by subsection (a) shall apply 17 with respect to decisions made on and after the first day of 18 the second month following the month in which this Act is 19 enacted. 20 21 222 LIMITATION ON PROSPECTIVE EFFECT OF APPLICATION SEC. 10. (a) Section 202(j)(2) of the Social Security Act 22 is amended to read as follows: 23 "(2) An application for any monthly benefits under this 24 section filed before the first month in which the applicant 25 satisfies the requirements for such benefits shall be deemed a 22 1 valid application (and shall be deemed to have been filed in 2 such first month) only if the applicant satisfies the require3 ments for such benefits before the Secretary makes a final 4 decision on the application and no request under section 5 205(b) for notice and opportunity for a hearing thereon is 6 made or, if such a request is made, before a decision based 7 upon the evidence adduced at the hearing is made (regardless 8 of whether such decision becomes the final decision of the 9 Secretary).". 10 11 12 13. 14 15 16 17 18 19 20 21 22 23 24 25 (b) Section 216(i)(2)(G) of such Act is amended— (1) by inserting "(and shall be deemed to have been filed on such first day)" immediately after "shall be deemed a valid application" in the first sentence, (2) by striking out the period at the end of the first sentence and inserting in lieu thereof "and no request under section 205(b) for notice and opportunity for a hearing thereon is made or, if such a request is made, before a decision based upon the evidence adduced at the hearing is made (regardless of whether such decision becomes the final decision of the Secretary).", and (3) by striking out the second sentence. (c) Section 223(b) of such Act is amended— (1) by inserting "(and shall be deemed to have been filed in such first month)" immediately after 23 1. "shall be deemed a valid application" in the first sen 3 4 5 6 7 8 9 10 11 12 (2) by striking out the period at the end of the first sentence and inserting in lieu thereof "and no re‚quest under section 205(b) for notice and opportunity for a hearing thereon is made, or if such a request is made, before a decision based upon the evidence adduced at the hearing is made (regardless of whether such decision becomes the final decision of the Secretary).", and (3) by striking out the second sentence. (d) The amendments made by this section shall apply to 13 applications filed after the month in which this Act is 14 enacted 15. 16 LIMITATION ON COURT REMANDS SEC. 11. The sixth sentence of section 205(g) of the 17 Social Security Act is amended by striking out all that pre18 cedes "and the Secretary shall" and inserting in lieu thereof 19 the following: "The court may, on motion of the Secretary 20 made for good cause shown before he files his answer, 21 remand the case to the Secretary for further action by the 22 Secretary, and it may at any time order additional evidence 23 to be taken before the Secretary, but only upon a showing 24 that there is new evidence which is material and that there is 24 1 good cause for the failure to incorporate such evidence into 2 the record in a prior proceeding;". 3 4 TIME LIMITATIONS FOR DECISIONS ON BENEFIT CLAIMS SEC. 12. The Secretary of Health, Education, and Wel5 fare shall submit to the Congress, no later than January 1, 6 1980, a report recommending the establishment of appropri7 ate time limitations governing decisions on claims for benefits 8 under title II of the Social Security Act. Such report shall 9 specifically recommend (1) the maximum period of time (after application for a payment under such title is filed) within which the initial decision of the Secretary as to the rights of the applicant should be made; (2) the maximum period of time (after application for reconsideration of any decision described in paragraph (1) is filed) within which a decision of the Secretary on such reconsideration should be made; (3) the maximum period of time (after a request for a hearing with respect to any decision described in paragraph (1) is filed) within which a decision of the Secretary upon such hearing (whether affirming, modifying, or reversing such decision) should be made; and (4) the maximum period of time (after a request for review by the Appeals Council with respect to any decision described in paragraph (1) is made) within 25 1 which the decision of the Secretary upon such review 2 3 (whether affirming, modifying, or reversing such decision) should be made. 4 In determining the time limitations to be recommended, the 5 Secretary shall take into account both the need for expedi6 tious processing of claims for benefits and the need to assure 7 that all such claims will be thoroughly considered and accu8 rately determined. 9 10 11 VOCATIONAL REHABILITATION SERVICES FOR DISABLED INDIVIDUALS SEC. 13. (a) Section 222(d) of the Social Security Act is 12 amended to read as follows: 13 14 "Costs of Rehabilitation Services From Trust Funds "(d)(1) For the purpose of making vocational rehabilita15 tion services more readily available to disabled individuals 16 who are "(A) entitled to disability insurance benefits under section 223, "(B) entitled to child's insurance benefits under section 202(d) after having attained age 18 (and are under a disability), "(C) entitled to widow's insurance benefits under section 202(e) prior to attaining age 60, or "(D) entitled to widower's insurance benefits under section 202(f) prior to attaining age 60, |