42 U.S.C. § 425 — Additional rules relating to benefits based on disability

(a) Suspension of benefits. If the Commissioner of Social Security, based on information received, believes that someone getting disability benefits under section 423 — or a child over 18 getting benefits under section 402(d), or a widow or surviving divorced wife under 60 getting benefits under section 402(e), or a widower or surviving divorced husband under 60 getting benefits under section 402(f) — might no longer be disabled, the Commissioner may suspend those benefits. Payment stays suspended until it's determined, under section 421, whether the disability has ended, or until the Commissioner believes it hasn't ended after all. If a state handles that person's disability determination under a section 421(b) agreement, the Commissioner must promptly tell that state and ask for a quick determination. "Disability" here has the same meaning as in section 423(d). If a disabled person's own benefits are suspended for a month, anyone else getting benefits that month based on that person's earnings — under section 402(b), (c), or (d) — also gets suspended. This suspension rule does not apply to a child aged 18 to 22 who is a full-time student, as section 402(d) defines that, for any month they're enrolled that way. (b) Continued payments during rehabilitation program. Even though a person's medical condition may have improved or ended, their disability benefits described in subsection (a) can't be stopped or suspended on that basis if: (1) they're taking part in the Ticket to Work and Self-Sufficiency Program, or another vocational rehabilitation, employment, or support-services program the Commissioner has approved, and (2) the Commissioner decides that finishing the program — or continuing it for a set time — makes it more likely the person will eventually leave the disability rolls for good. (c) Access to information held by payroll data providers. (1) The Commissioner may require anyone applying for, or already getting, certain monthly benefits under sections 402(d)(1)(B)(ii), 402(d)(6)(A)(ii), 402(d)(6)(B), 402(e)(1)(B)(ii), 402(f)(1)(B)(ii), or 423(a)(1) to authorize the Commissioner to get records about them from any payroll data provider (as section 1320e-3(c)(1) defines that term), whenever the Commissioner needs the record to decide whether they're eligible now or should keep being eligible. (2) This authorization stays in effect until the earliest of: a final decision denying the application or ending entitlement; the benefits actually ending; or the person canceling the authorization in a written notice to the Commissioner. (3) The Commissioner does not have to share any information obtained this way back with the payroll data provider. (4) The Commissioner must tell anyone who gives this authorization how long it lasts and what it covers. (5) If someone refuses to give, or revokes, this authorization, subsection (d) stops applying to them starting the first day of the first month they refuse or revoke it. (d) Reporting responsibilities for beneficiaries subject to information exchange with payroll data provider. Someone who authorized the Commissioner to get payroll records under subsection (c) cannot be penalized under section 1320a-8a for a mistake or omission in the wages the payroll data provider reported about them.