42 U.S.C. § 1383b — Administration

(a) Authority of Commissioner Subject to subsections (b), the Commissioner of Social Security may make such administrative and other arrangements (including arrangements for the determination of blindness and disability under section 1382c(a)(2) and (3) of this title in the same manner and subject to the same conditions as provided with respect to disability determinations under section 421 of this title ) as may be necessary or appropriate to carry out the Commissioner’s functions under this subchapter. (b) Examination to determine blindness In determining, for this subchapter, whether an individual is blind, there must be an examination of such individual by a physician^* skilled in the diseases of the eye or by an optometrist, whichever the individual may select. (c) Notification of review (1) In any case in which the Commissioner of Social Security initiates a review under this subchapter, similar to the continuing disability reviews authorized for subchapter II under section 421(i) of this title , the Commissioner of Social Security must notify the individual whose case is to be reviewed in the same manner as required under section 421(i)(4) of this title . (2) For suspension of continuing disability reviews and other reviews under this subchapter similar to reviews under section 421 of this title in the case of an individual using a ticket to work and self-sufficiency, see section 1320b–19(i) of this title . (d) Regulations regarding completion of plans for achieving self-support The Commissioner of Social Security must establish by regulation criteria for time limits and other criteria related to individuals’ plans for achieving self-support, that take into account— (1) the length of time that the individual will need to achieve the individual’s employment goal (within such reasonable period as the Commissioner of Social Security may establish); and (2) other factors determined by the Commissioner of Social Security to be appropriate. (e) Review of State^* agency blindness and disability determinations (1) The Commissioner of Social Security must review determinations, made by State agencies under subsections (a) in connection with applications for benefits under this subchapter on the basis of blindness or disability, that individuals who have attained 18 years of age are blind or disabled as of a specified onset date. The Commissioner of Social Security must review such a determination before any action is taken to implement the determination. (2) (A) In carrying out paragraphs (1), the Commissioner of Social Security must review— (i) at least 20 percent of all determinations referred to in paragraphs (1) that are made in fiscal year 2006; (ii) at least 40 percent of all such determinations that are made in fiscal year 2007; and (iii) at least 50 percent of all such determinations that are made in fiscal year 2008 or thereafter. (B) In carrying out lettered provisions (A), the Commissioner of Social Security must, to the extent feasible, select for review the determinations which the Commissioner of Social Security identifies as being the most likely to be incorrect.