rendered and before the recipient had an opportunity for a hearing before an ALJ.
In 1984, however, Congress enacted the Social Security Disability Benefits Reform Act of 1984. Social Security Disability Benefits Reform Act of 1984, Pub.L. 98-460, 98 Stat. 1794-1813 (1984). One of the purposes of the new Act was "to provide a more humane and understandable application and appeal process for disability applicants and beneficiaries appealing termination of their benefits." H.Rep. No. 618, 98th Cong., 2d Sess. 2 (1984). The 1984 Act substantially changed the previous administrative process. For example, the continuous review of individuals found to be disabled because of a mental impairment has been suspended pending a revision of the criteria and listing in order "to realistically evaluate the ability of a mentally impaired individual to engage in substantial gainful activity in a competitive workplace environment." Id. at 1. The court presumes that the plaintiff will be significantly affected by the new regulations. The court determines, however, that the statutory authorization to revise the criteria and listings pertaining to review of individuals previously found to be disabled as suffering from mental impairments does not authorize also a revision of the time when benefits may be terminated.
Elsewhere in the 1984 Act, however, Congress does address the issue of continuation of benefits during appeal.
Under this Act, Supplemental Social Security beneficiaries, such as the plaintiff, are still subject to continuing review. If the plaintiff's disabling condition is found to be no longer disabling, however, plaintiff can appeal directly to the ALJ from the initial determination. In addition, the plaintiff may elect to have his Supplemental Social Security Income benefits continue until after the hearing before the ALJ. During the deliberation over the 1984 Act by Congress, the House issued its conference report that summarized the effect of this new provision,
a Senate Amendment, and a resulting conference agreement that provided as follows:
The conference agreement follows the House bill with amendments to: