[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Rules and Regulations]
[Pages 31022-31027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15407]
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SOCIAL SECURITY ADMINISTRATION
20 CFR Parts 404 and 416
[Regulations Nos. 4 and 16]
RIN 0960-AD39
Payment for Vocational Rehabilitation Services Furnished
Individuals During Certain Months of Nonpayment of Supplemental
Security Income Benefits
AGENCY: Social Security Administration (SSA).
ACTION: Final rules.
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SUMMARY: We are amending our regulations relating to payment for
vocational rehabilitation (VR) services provided to recipients of
supplemental security income (SSI) benefit payments based on disability
or blindness under title XVI of the Social Security Act (the Act).
These regulations reflect section 5037 of the Omnibus Budget
Reconciliation Act of 1990 (OBRA 1990). Section 5037 of OBRA 1990 added
section 1615(e) to the Act which authorizes the Commissioner of Social
Security (the Commissioner) to pay a State VR agency for costs incurred
in furnishing VR services to an individual during certain months for
which the individual did not receive SSI payments based on disability
or blindness as well as during months for which the individual did
receive such payments. We also are amending our regulations on VR
payments to clarify certain rules and remove some outdated rules.
EFFECTIVE DATE: These regulations are effective June 19, 1996.
FOR FURTHER INFORMATION CONTACT: Regarding this Federal Register
document--Richard M. Bresnick, Legal Assistant, Division of Regulations
and Rulings, Social Security Administration, 6401 Security Boulevard,
Baltimore, MD 21235, (410) 965-1758; regarding eligibility or filing
for benefits--our national toll-free number, 1-800-772-1213.
SUPPLEMENTARY INFORMATION: We are amending our regulations on payment
for VR services provided to individuals receiving SSI benefits based on
disability or blindness. These amended regulations reflect section 5037
of OBRA 1990, Public Law (Pub. L.) 101-508, which added paragraph (e)
to section 1615 of the Act. Our existing regulations concerning payment
for such services carry out the provisions of section 1615(d) of the
Act.
In general, section 1615(d) of the Act authorizes the Commissioner
to reimburse a State VR agency for the costs incurred in providing VR
services
[[Page 31023]]
to individuals receiving SSI benefits under title XVI of the Act based
on disability or blindness in three categories of cases. Specifically,
section 1615(d) permits payment for VR services furnished to such
individuals only in cases where: (1) The furnishing of such services
results in the individual's performance of substantial gainful activity
(SGA) for a continuous period of nine months; (2) the individual is
continuing to receive benefits, despite his or her medical recovery,
under section 1631(a)(6) of the Act because of his or her participation
in a VR program; or (3) the individual, without good cause, refuses to
continue to accept VR services or fails to cooperate in such a manner
as to preclude his or her successful rehabilitation. (In such a case of
refusal to continue or cooperate in a VR program, payments are
authorized only for the VR services provided prior to the cessation of
VR participation. If the individual resumes participation, then
payments are authorized for the VR services provided after
participation is resumed only if all requirements for payment are met.)
These cases are described in sections 1615(d) (1), (2) and (3) of the
Act, respectively, and in Secs. 416.2211-416.2213 of our regulations.
Under section 1615(d) of the Act, payment may be made for VR
services furnished by a State VR agency, i.e., an agency administering
a State plan for VR services approved under title I of the
Rehabilitation Act of 1973, as amended. However, in the case of a State
which is unwilling to participate or does not have such a plan for VR
services, our regulation at Sec. 416.2204 provides that we may arrange
for VR services for an SSI recipient who is disabled or blind through
an alternative VR service provider (alternate participant) and pay such
provider for the costs of services under the same terms and conditions
that apply to State VR agencies. This regulation is based in part on
section 222(d)(2) of the Act, which provides for the use of alternate
participants in the VR payment program under title II of the Act
(relating to the rehabilitation of Social Security disability
beneficiaries), and on the authority provided to the Commissioner under
section 1633(a) of the Act to make such administrative and other
arrangements as may be necessary or appropriate to carry out title XVI
of the Act, including making arrangements under title XVI in the same
manner as they are made under title II.
Prior to the enactment of OBRA 1990, SSA was authorized to pay a
State VR agency under section 1615(d) of the Act only for VR services
that were provided to an individual during months for which the
individual received SSI benefits based on disability or blindness,
including benefits payable under section 1611 or 1619(a) of the Act or,
for cases under section 1615(d)(2), discussed above, continued payment
of such benefits under section 1631(a)(6) of the Act. This is reflected
in our existing regulations at Secs. 416.2201, 416.2203 and
416.2215(a)(2).
Section 5037 of OBRA 1990 added section 1615(e) to the Act to
provide us the authority to pay a State VR agency under section 1615(d)
for the costs described in that section that are incurred in providing
VR services to an individual during certain months for which the
individual was not receiving SSI benefits based on disability or
blindness as well as during months for which the individual was
receiving such benefits. Under section 1615(e) of the Act, payment may
be made for VR services in a case described in section 1615(d)(1), (2)
or (3) of the Act which are provided to an individual in a month for
which the individual receives, i.e., is eligible for--
SSI cash benefits under section 1611 or special SSI cash
benefits under section 1619(a) of the Act (this is the same as under
prior law);
A special status for Medicaid under section 1619(b) of the
Act; or
A federally administered State supplementary payment under
section 1616 of the Act or section 212(b) of Pub. L. 93-66.
In addition, section 1615(e) of the Act permits payment for VR
services provided in a month for which an individual was ineligible for
the benefits or special status described above for a reason other than
cessation of disability or blindness, if such month occurred prior to
the 13th consecutive month of such ineligibility following a month for
which the individual was eligible for such benefits or special status.
This means that payment may be made for VR services furnished during a
month for which an individual's benefit payment or special status for
Medicaid under section 1619(b) was suspended.
Section 1615(e) of the Act became effective November 5, 1990, the
date of the enactment of OBRA 1990, and applies to claims for
reimbursement pending on or after that date. This amendment to the Act,
which allows us to reimburse a State VR agency or alternate participant
for VR services furnished during certain months for which an individual
was not receiving SSI benefits, responds to a recommendation in the
March 1988 Report of the Disability Advisory Council that the Congress
amend the Act to permit SSA to pay for VR services provided in months
when an individual is in suspension status.
Changes to the VR Payment Regulations
These final rules amend the existing regulations concerning the SSI
VR payment program under title XVI of the Act to take account of the
provisions of section 1615(e) of the Act which permit payment for VR
services furnished during certain months for which a disabled or blind
individual does not receive SSI benefits. These rules also make some
other changes in the existing VR payment regulations to clarify certain
rules and delete some obsolete rules. These changes affect the
regulations governing the Social Security VR payment program under
title II of the Act as well as the regulations concerning the SSI VR
payment program under title XVI. The existing Social Security VR
payment regulations carry out section 222(d) of the Act which contains
provisions that are similar to the provisions of section 1615(d) of the
Act, except that they apply to payment for VR services provided to
individuals entitled to Social Security benefits based on disability
under title II.
Changes to the Regulations to Implement Section 1615(e) of the Act
We are amending Sec. 416.2201 to explain that, in general, sections
1615(d) and (e) of the Act authorize payment for costs of VR services
provided to certain disabled or blind individuals who are eligible for
SSI benefits, special SSI eligibility status, or federally administered
State supplementary payments. In the amendment to Sec. 416.2201, we
also explain that for the purpose of the SSI VR payment regulations, we
refer to SSI benefits, special SSI eligibility status, or federally
administered State supplementary payments as ``disability or blindness
benefits.'' Additionally, we are adding a corresponding definition of
``disability or blindness benefits'' for this purpose in Sec. 416.2203,
discussed below.
The amendment to Sec. 416.2201 further explains that, subject to
the other requirements and conditions for payment prescribed in the
regulations, payment may be made for VR services which are furnished
during a month(s) for which an individual is eligible for disability or
blindness benefits or continues to receive such benefits under section
1631(a)(6) of the Act, or which are furnished during a month(s) for
which the individual's disability or blindness benefits are suspended.
This rule also is reflected in the revised Sec. 416.2215, discussed
below.
[[Page 31024]]
In Sec. 416.2203, ``Definitions,'' we are deleting the paragraph
defining ``eligible,'' which discusses eligibility for SSI benefits
only, and adding a new paragraph to explain the meaning of ``disability
or blindness benefits'' when used in the SSI VR payment regulations.
These final rules provide that ``disability or blindness benefits,'' as
defined for the SSI VR payment regulations only, refer to regular SSI
benefits under section 1611 of the Act, special SSI cash benefits under
section 1619(a) of the Act, special SSI eligibility status under
section 1619(b) of the Act, and/or a federally administered State
supplementary payment under section 1616 of the Act or section 212(b)
of Pub. L. 93-66, for which an individual is eligible based on
disability or blindness, as appropriate. Thus, in these final VR
payment regulations, when we use the terms ``disability or blindness
benefits'' with reference to the SSI program, we mean the benefits,
status, or payments referred to in section 1615(e) of the Act. As used
in this preamble, ``disability or blindness benefits'' has the same
meaning as in the final rules. Further, in Sec. 416.2203, we are
defining the phrase ``special SSI eligibility status'' to refer to the
special status for Medicaid under section 1619(b) of the Act since this
is the phrase we use to describe the special status in our other SSI
regulations, e.g., Secs. 416.260 and 416.264.
We are also amending several sections of the SSI VR payment
regulations to replace phrases such as ``disability or blindness
payment'' with the phrase ``disability or blindness benefits'' and to
substitute the term ``benefits'' for ``payment'' or ``payments'' as the
context requires. We are making these changes to Secs. 416.2201(b),
416.2209 (b) and (c), 416.2212, 416.2213(c), 416.2215 (a) and (b), and
416.2216(c)(2).
Section 416.2215(a) of our existing regulations provides that in
order for the State VR agency or alternate participant to be paid, the
VR services must have been provided--(1) after September 30, 1981; (2)
during months the individual is eligible for SSI disability or
blindness payments; and (3) before completion of a continuous 9-month
period of SGA. We are revising paragraph (a)(2) of Sec. 416.2215 to
provide that to be payable, the VR services must have been provided
during a month or months for which--(i) the individual is eligible for
disability or blindness benefits or continues to receive such benefits
under section 1631(a)(6) of the Act; or (ii) the disability or
blindness benefits of the individual are suspended due to his or her
ineligibility for the benefits. We are also revising paragraph (a)(3)
of Sec. 416.2215 to provide that the VR services must have been
provided prior to the completion of a continuous 9-month period of SGA
or termination of disability or blindness benefits, whichever occurs
first.
The revisions to Sec. 416.2215 (a)(2) and (a)(3) provide cross-
references to the regulations in Subpart M of 20 CFR Part 416 which
contain our rules on suspension and termination of benefits under the
SSI program. In general, these regulations provide that unless a
termination of an individual's eligibility for benefits is required, an
individual's benefits will be suspended for any month for which the
individual no longer meets the requirements for eligibility for
benefits under the SSI program. Termination of eligibility is required
when benefits have been suspended for a period of 12 consecutive
months, i.e., the individual remains ineligible for SSI benefits,
special status for Medicaid, and/or federally administered State
supplementary payments for a continuous 12-month period. Eligibility
for SSI benefits based on disability or blindness also terminates if
the individual's disability or blindness ceases, unless the individual
is participating in an approved VR program and the other requirements
for the continuation of benefits under section 1631(a)(6) of the Act
are met.
The revisions to Secs. 416.2215 (a)(2) and (a)(3) are consistent
with the provisions of sections 1615 (d) and (e) of the Act. They
permit payment for VR services which are provided either during a
month(s) for which an individual is eligible for disability or
blindness benefits, including the continuation of such benefits under
section 1631(a)(6) of the Act, or during a month(s) for which the
individual is ineligible for disability or blindness benefits, for a
reason other than cessation of disability or blindness, if such
month(s) occurs prior to the 13th consecutive month of such
ineligibility, i.e., a month(s) for which benefits are suspended but
not terminated.
We are also amending the introductory paragraph of Sec. 416.2217 to
add a reference to section 1615(e) of the Act. In addition, we are
changing the regulations governing the Social Security VR payment
program under title II of the Act to reflect the expanded scope of the
SSI VR payment program under title XVI resulting from section 1615(e)
of the Act. We are amending Sec. 404.2115(b) of the title II
regulations to explain that if VR services are provided to an
individual who is entitled to title II disability benefits and who also
is or has been receiving disability or blindness benefits under the SSI
program, the determination as to when VR services must have been
provided may be made under either Sec. 404.2115 or Sec. 416.2215,
whichever is advantageous to the State VR agency or alternate
participant that is participating in both VR programs.
Other Changes to the VR Payment Regulations
In addition to the changes to the regulations discussed above, we
are amending the Social Security and SSI VR payment regulations to
clarify certain rules relating to payment for VR services provided to
an individual in a case where the individual, without good cause,
refuses to continue or cooperate in a VR program. Additionally, we are
deleting some obsolete rules relating to the time periods within which
claims for payment for VR services must be filed. Further, we are
making a few other nonsubstantive changes to certain provisions of the
regulations affected by the changes described above.
We are amending Secs. 404.2113(c) and 416.2213(c) to indicate that
if deductions are imposed against an individual's Social Security
disability benefits because of VR refusal, or if an individual's
disability or blindness benefits under the SSI program are suspended
because of VR refusal, the services for which payment may be made in
such a case are those VR services which were provided to the individual
prior to his or her VR refusal. If the individual thereafter resumes
participation in a VR program and again receives VR services, payment
may be made for those services only if the criteria for payment in
Sec. 404.2113 or Sec. 416.2213 are again met, or if the services
qualify for payment under one of the other provisions of the
regulations permitting payment, i.e., Secs. 404.2111, 404.2112,
416.2211, or 416.2212.
We are also deleting the parenthetical phrase ``(suspension of
benefits in cases described in Sec. 404.2113)'' in existing
Sec. 404.2115(a)(3). This change is appropriate since under section
222(b) of the Act and Sec. 404.422 of the title II regulations, a
determination by us that a Social Security disability beneficiary has
refused, without good cause, to accept VR services available to the
individual results in our imposing deductions against Social Security
benefits, rather than suspending benefits. This is reflected in
existing Secs. 404.2109(c) and 404.2113(c). To be consistent with these
sections, we are amending Sec. 404.2116(c)(2) to clarify that a
beneficiary's VR refusal results in deductions against Social Security
[[Page 31025]]
disability benefits, rather than a suspension of benefits.
Existing Secs. 404.2116 (b)(2) and (c)(2) and 416.2216 (b)(2) and
(c)(2) contain provisions which provide for the filing of claims for
payment for VR services in certain cases within 12 months after the
month of the initial publication of these sections in the Federal
Register, 55 FR 8449 (March 8, 1990). This 12-month period ended March
31, 1991, the close of the 12th month following the month of
publication in the Federal Register. Since this time period for filing
a claim is no longer in effect, we are deleting these provisions from
the regulations.
We are amending Secs. 404.2116(c)(2) and 416.2216(c)(2) to clarify
that the other 12-month period described in these sections for filing a
claim for payment in the case of an individual's VR refusal begins
after the first month for which deductions are imposed against Social
Security disability benefits, or after the first month for which
disability or blindness benefits under the SSI program are suspended,
because of such VR refusal.
On September 11, 1995, we published these final rules as proposed
rules in the Federal Register at 60 FR 47126 with a 60-day comment
period. We received comments from two sources, but one commenter simply
stated factually that the proposed regulations would amend certain
regulatory provisions. This commenter offered no further comment or
opinion about the nature or effect of the proposed regulations. The
other commenter generally was supportive of the proposed rules, but did
suggest a better description of the issues and a short explanation of
the statutory requirements. In the absence of other comments, we
believe the explanation of the proposed rules as published is adequate.
Therefore, we are publishing the final rules essentially unchanged from
the proposed rules.
Regulatory Procedures
Pursuant to section 702(a)(5) of the Social Security Act, 42 U.S.C.
902(a)(5), as amended by section 102 of Pub. L. 103-296, SSA follows
the Administrative Procedure Act (APA) rulemaking procedures specified
in 5 U.S.C. 553 in the development of its regulations. The APA provides
in 5 U.S.C. 553(d) that a substantive rule will be published at least
30 days before its effective date, with certain exceptions. We find
good cause for dispensing with the 30-day delay in the effective date
of this rule, as provided for by 5 U.S.C. 553(d)(3). As explained
above, we are amending our regulations to reflect current provisions of
the law. It would be contrary to the public interest to delay making
our regulations consistent with current law. Therefore, we find that it
is in the public interest to make this rule effective upon publication.
Executive Order 12866
We have consulted with the Office of Management and Budget (OMB)
and determined that these rules do not meet the criteria for a
significant regulatory action under Executive Order 12866. Thus, they
were not subject to OMB review.
Regulatory Flexibility Act
We certify that these regulations will not have a significant
economic impact on a substantial number of small entities. Therefore, a
regulatory flexibility analysis as provided in Pub. L. 96-354, the
Regulatory Flexibility Act, is not required.
These final regulations carry out section 1615(e) of the Act which
allows payment for VR services under section 1615(d) of the Act
provided during certain months for which an individual does not receive
SSI benefits based on disability or blindness. They apply to States and
certain alternate providers of VR services which are willing to provide
services to disabled or blind SSI recipients, or Social Security
disability beneficiaries, under our VR payment programs under the
conditions specified in the regulations.
Paperwork Reduction Act
These final regulations impose no additional reporting or
recordkeeping requirements subject to clearance by OMB.
(Catalog of Federal Domestic Assistance Program Nos. 96.001, Social
Security-Disability Insurance; 96.006, Supplemental Security Income)
List of Subjects
20 CFR Part 404
Administrative practice and procedure, Blind, Disability benefits,
Old-Age, Survivors and Disability Insurance, Reporting and
recordkeeping requirements, Social Security.
20 CFR Part 416
Administrative practice and procedure, Aged, Blind, Disability
benefits, Public assistance programs, Supplemental Security Income
(SSI), Reporting and recordkeeping requirements.
Dated: June 4, 1996.
Shirley S. Chater,
Commissioner of Social Security.
For the reasons set out in the preamble, we are amending subpart V
of part 404 and subpart V of part 416 of 20 CFR chapter III as follows:
PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE
(1950- )
Subpart V--[Amended]
1. The authority citation for subpart V of part 404 continues to
read as follows:
Authority: Secs. 205(a), 222, and 702(a)(5) of the Social
Security Act (42 U.S.C. 405(a), 422, and 902(a)(5)).
2. Section 404.2113 is amended by revising the last sentence of
paragraph (c) to read as follows:
Sec. 404.2113 Payment for VR services in a case of VR refusal.
* * * * *
(c) * * * A State VR agency or alternate participant may be paid,
subject to the provisions of this subpart, for the costs of VR services
provided to an individual prior to his or her VR refusal if deductions
have been imposed against the individual's monthly disability benefits
for a month(s) after October 1984 because of such VR refusal.
3. Section 404.2115 is amended by revising paragraphs (a)(3) and
(b) to read as follows:
Sec. 404.2115 When services must have been provided.
(a) * * *
(3) Before completion of a continuous 9-month period of SGA or
termination of entitlement to disability benefits, whichever occurs
first.
(b) If an individual who is entitled to disability benefits under
this part also is or has been receiving disability or blindness
benefits under part 416 of this chapter, the determination as to when
services must have been provided may be made under this section or
Sec. 416.2215 of this chapter, whichever is advantageous to the State
VR agency or alternate participant that is participating in both VR
programs.
4. Section 404.2116 is amended by revising paragraphs (b)(2) and
(c)(2) to read as follows:
Sec. 404.2116 When claims for payment for VR services must be made
(filing deadlines).
* * * * *
(b) * * *
(2) If no written notice was sent to the State VR agency or
alternate participant, a claim must be filed within 12 months after the
month in which VR services end.
(c) * * *
(2) If no written notice was sent to the State VR agency or
alternate participant,
[[Page 31026]]
a claim must be filed within 12 months after the first month for which
deductions are imposed against disability benefits because of such VR
refusal.
PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND
DISABLED
Subpart V--[Amended]
5. The authority citation for subpart V of part 416 is revised to
read as follows:
Authority: Secs. 702(a)(5), 1615, 1631(d)(1) and (e), and
1633(a) of the Social Security Act (42 U.S.C. 902(a)(5), 1382d,
1383(d)(1) and (e), and 1683b(a)).
6. Section 416.2201 is amended by revising the introductory text
and paragraph (b) to read as follows:
Sec. 416.2201 General.
In general, sections 1615 (d) and (e) of the Social Security Act
(the Act) authorize payment from the general fund for the reasonable
and necessary costs of vocational rehabilitation (VR) services provided
certain disabled or blind individuals who are eligible for supplemental
security income (SSI) benefits, special SSI eligibility status, or
federally administered State supplementary payments. In this subpart,
such benefits, status, or payments are referred to as disability or
blindness benefits (see Sec. 416.2203). Subject to the provisions of
this subpart, payment may be made for VR services provided an
individual during a month(s) for which the individual is eligible for
disability or blindness benefits, including the continuation of such
benefits under section 1631(a)(6) of the Act, or for which the
individual's disability or blindness benefits are suspended (see
Sec. 416.2215). Paragraphs (a), (b) and (c) of this section describe
the cases in which the State VR agencies and alternate participants can
be paid for the VR services provided such an individual under this
subpart. The purpose of sections 1615 (d) and (e) of the Act is to make
VR services more readily available to disabled or blind individuals,
help State VR agencies and alternate participants to recover some of
their costs in VR refusal situations, as described in Sec. 416.2213,
and ensure that savings accrue to the general fund. Payment will be
made for VR services provided on behalf of such an individual in cases
where--
* * * * *
(b) The individual continues to receive disability or blindness
benefits, even though his or her disability or blindness has ceased,
under section 1631(a)(6) of the Act because of his or her continued
participation in an approved VR program which we have determined will
increase the likelihood that he or she will not return to the
disability or blindness rolls (see Sec. 416.2212); or
* * * * *
7. Section 416.2203 is amended by removing the definition of
``Eligible'' and adding 2 new definitions in alphabetical order to read
as follows:
Sec. 416.2203 Definitions.
* * * * *
Disability or blindness benefits, as defined for this subpart only,
refers to regular SSI benefits under section 1611 of the Act (see
Sec. 416.202), special SSI cash benefits under section 1619(a) of the
Act (see Sec. 416.261), special SSI eligibility status under section
1619(b) of the Act (see Sec. 416.264), and/or a federally administered
State supplementary payment under section 1616 of the Act or section
212(b) of Public Law 93-66 (see Sec. 416.2001), for which an individual
is eligible based on disability or blindness, as appropriate.
* * * * *
Special SSI eligibility status refers to the special status
described in Secs. 416.264 through 416.269 relating to eligibility for
Medicaid.
* * * * *
Sec. 416.2209 [Amended]
8. Section 416.2209 is amended in paragraph (b) by removing
``payments'' and adding ``benefits'' in its place and in paragraph (c)
by removing ``payment'' and adding ``benefits'' in its place.
9. Section 416.2212 is amended by revising the section heading and
the first and second sentences to read as follows:
Sec. 416.2212 Payment for VR services in a case where an individual
continues to receive disability or blindness benefits based on
participation in an approved VR program.
Section 1631(a)(6) of the Act contains the criteria we will use in
determining if an individual whose disability or blindness has ceased
should continue to receive disability or blindness benefits because of
his or her continued participation in an approved VR program. A VR
agency or alternate participant can be paid for the cost of VR services
provided to an individual if the individual was receiving benefits
based on this provision in a month(s) after October 1984 or, in the
case of a blindness recipient, in a month(s) after March 1988. * * *
10. Section 416.2213 is amended by revising the last sentence of
paragraph (c) to read as follows:
Sec. 416.2213 Payment for VR services in a case of VR refusal.
* * * * *
(c) * * * A State VR agency or alternate participant may be paid,
subject to the provisions of this subpart, for the costs of VR services
provided to an individual prior to his or her VR refusal if the
individual's disability or blindness benefits have been suspended for a
month(s) after October 1984 because of such VR refusal.
11. Section 416.2215 is revised to read as follows:
Sec. 416.2215 When services must have been provided.
(a) In order for the VR agency or alternate participant to be paid,
the services must have been provided--
(1) After September 30, 1981;
(2) During a month(s) for which--
(i) The individual is eligible for disability or blindness benefits
or continues to receive such benefits under section 1631(a)(6) of the
Act (see Sec. 416.2212); or
(ii) The disability or blindness benefits of the individual are
suspended due to his or her ineligibility for the benefits (see subpart
M of this part concerning suspension for ineligibility); and
(3) Before completion of a continuous 9-month period of SGA or
termination of disability or blindness benefits, whichever occurs first
(see subpart M of this part concerning termination of benefits).
(b) If an individual who is receiving disability or blindness
benefits under this part, or whose benefits under this part are
suspended, also is entitled to disability benefits under part 404 of
this chapter, the determination as to when services must have been
provided may be made under this section or Sec. 404.2115 of this
chapter, whichever is advantageous to the State VR agency or alternate
participant that is participating in both VR programs.
12. Section 416.2216 is amended by revising paragraphs (b)(2) and
(c)(2) to read as follows:
Sec. 416.2216 When claims for payment for VR services must be made
(filing deadlines).
* * * * *
(b) * * *
(2) If no written notice was sent to the State VR agency or
alternate participant, a claim must be filed within 12 months after the
month in which VR services end.
(c) * * *
(2) If no written notice was sent to the State VR agency or
alternate participant, a claim must be filed within 12 months
[[Page 31027]]
after the first month for which disability or blindness benefits are
suspended because of such VR refusal.
Sec. 416.2217 [Amended]
13. Section 416.2217 is amended in the introductory text of the
section by adding ``and (e)'' after ``section 1615(d).''
[FR Doc. 96-15407 Filed 6-18-96; 8:45 am]
BILLING CODE 4190-29-P
