42 U.S.C. § 1382f

Cost-of-living adjustments in benefits

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(a) Increase of dollar amountsWhenever benefit amounts under subchapter II are increased by any percentage effective with any month as a result of a determination made under section 415(i) of this title—(1) each of the dollar amounts in effect for such month under subsections (a)(1)(A), (a)(2)(A), (b)(1), and (b)(2) of section 1382 of this title, and subsection (a)(1)(A) of section 211 of Public Law 93–66, as specified in such subsections or as previously increased under this section, shall be increased by the amount (if any) by which—(A) the amount which would have been in effect for such month under such subsection but for the rounding of such amount pursuant to paragraph (2), exceeds(B) the amount in effect for such month under such subsection; and(2) the amount obtained under paragraph (1) with respect to each subsection shall be further increased by the same percentage by which benefit amounts under subchapter II are increased for such month, or, if greater (in any case where the increase under subchapter II was determined on the basis of the wage increase percentage rather than the CPI increase percentage), the percentage by which benefit amounts under subchapter II would be increased for such month if the increase had been determined on the basis of the CPI increase percentage, (and rounded, when not a multiple of $12, to the next lower multiple of $12), effective with respect to benefits for months after such month.(b) Publication in Federal Register of new dollar amounts

The new dollar amounts to be in effect under section 1382 of this title and under section 211 of Public Law 93–66 by reason of subsection (a) of this section shall be published in the Federal Register together with, and at the same time as, the material required by section 415(i)(2)(D) of this title to be published therein by reason of the determination involved.

(c) Additional increasesEffective July 1, 1983—(1) each of the dollar amounts in effect under subsections (a)(1)(A) and (b)(1) of section 1382 of this title, as previously increased under this section, shall be increased by $240 (and the dollar amount in effect under subsection (a)(1)(A) of section 211 of Public Law 93-66, as previously so increased, shall be increased by $120); and(2) each of the dollar amounts in effect under subsections (a)(2)(A) and (b)(2) of section 1382 of this title, as previously increased under this section, shall be increased by $360.(Aug. 14, 1935, ch. 531, title XVI, § 1617, as added Pub. L. 93–368, § 6(b), Aug. 7, 1974, 88 Stat. 421; amended Pub. L. 97–248, title I, § 182(a), Sept. 3, 1982, 96 Stat. 404; Pub. L. 98–21, title IV, § 401, Apr. 20, 1983, 97 Stat. 138.)Editorial NotesReferences in Text

Section 211 of Public Law 93–66, referred to in subsecs. (a)(1), (b), and (c)(1), is section 211 of Pub. L. 93–66, title II, July 9, 1973, 87 Stat. 154, which is set out as a note under section 1382 of this title.

Amendments

1983—Subsec. (a)(2). Pub. L. 98–21, § 401(b), inserted provision that the amount obtained under par. (1) with respect to each subsection shall be further increased by the percentage by which benefit amounts under subchapter II of this chapter would be increased for such month if the increase had been determined on the basis of the CPI increase percentage, if greater, in any case where the increase under subchapter II of this chapter was determined on the basis of the wage increase percentage rather than the CPI increase percentage.

Subsec. (b). Pub. L. 98–21, § 401(a)(2), substituted “subsection (a) of this section” for “this section”.

Subsec. (c). Pub. L. 98–21, § 401(a)(1), added subsec. (c).

1982—Pub. L. 97–248 redesignated existing provisions as subsec. (a), revised method of computation into pars. (1) and (2) and among other changes increased base for rounding-off from a multiple of $1.20 to a multiple of $12.00, and struck out provisions relating to publication of increased dollar amounts in the Federal Register, and added subsec. (b).

Statutory Notes and Related SubsidiariesEffective Date of 1982 Amendment

Pub. L. 97–248, title I, § 182(b), Sept. 3, 1982, 96 Stat. 405, provided that: “The amendment made by this section [amending this section] shall become effective on October 1, 1982.”

Cost-of-Living Increases; Cost-of-Living Computation Quarter Determinations

Payment of increased benefits under program covered in subchapter II of this chapter, see section 1 of Pub. L. 98–604, set out as a note under section 415 of this title.

Application to Northern Mariana Islands

For applicability of this section to the Northern Mariana Islands, see section 502(a)(1) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America and Proc. No. 4534, Oct. 24, 1977, 42 F.R. 6593, set out as notes under section 1801 of Title 48, Territories and Insular Possessions.

Notes of Decisions

Cited in 13 cases, 1975–1994 · leading case: Howard L. Gifford v. Margaret M. Heckler, Sec'y of Health & Human Servs., 741 F.2d 263 (9th Cir. 1984).

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Howard L. Gifford v. Margaret M. Heckler, Sec'y of Health & Human Servs., 741 F.2d 263 (9th Cir. 1984). “42 U.S.C. § 1382f (1976). Those increases in the federal portion of SSI were met, however, with a simultaneous reduction in the level of the state supplementary payments.”

Mahoney v. Shinpoch, 732 P.2d 510 (Wash. 1987). “See 42 U.S.C. § 1382f, g (Supp. 1982). DSHS contends that in its 1985 session the Washington Legislature took advantage of the amendments and reduced its own benefits, the SSP benefits, by the amount of the SSI COLA increase.”

State of Oklahoma v. Richard S. Schweiker, 655 F.2d 401 (D.C. Cir. 1981). “See Act § 1617, 42 U.S.C. § 1382f (1976). These increases began in 1974 but have been offset in many states by a simultaneous reduction in the level of the state supplementary payment — sometimes by an amount equal to the cost-of-living increase, at other times by a lesser…”

Glasgold v. Sec'y of Health & Human Servs., 558 F. Supp. 129 (E.D.N.Y 1982). “All of the above figures have been increased periodically since January, 1974 under the cost of living adjustments provided for in 42 U.S.C. § 1382f, and calculated pursuant to 42 U.”

Reichenthal v. Harris, 492 F. Supp. 637 (E.D.N.Y 1980). “42 U.S.C. § 1382f. New York complies with *640 the grandfather clause by providing a guarantee of an additional state payment in an amount which, when added to the federal benefit and other countable income, is equal to the individual’s December, 1973 AABD cash grant.”

Alberta NOLAND, Et Al., Appellants, v. Donna SHALALA, Sec'y of Dep't of Health & Human Servs., Appellee, 12 F.3d 258 (D.C. Cir. 1994). “(This was potentially anomalous until Congress indexed the floor for SSI eligibility in 1974.”

Rice v. Perales, 156 Misc. 2d 631 (N.Y. Sup. Ct. 1993). “Since SSI payments are currently indexed for inflation (42 USC § 1382f; 20 CFR 416.405) and the increase is generally passed on to recipients rather than absorbed in the State supplement (42 USC § 1382g), the income of SSI beneficiaries has since risen steadily.”

Higbee v. Bowen, 707 F. Supp. 434 (S.D. Cal. 1989). · cites it 2× “42 U.S.C. § 1382f. Plaintiff’s residency was a proper consideration before the Secretary and his failure to establish that he did maintain a residence in the United States constituted proper grounds for suspension of his SSI benefits.”

Brown v. Beal, 404 F. Supp. 770 (E.D. Pa. 1975). · cites it 2× “5 On the other hand, plaintiff is not eligible for the “white card” Medicaid benefit until she has “spent down” to the state’s General Assistance level currently set at $147 even though she is “disabled” under the same criteria governing the SSI program (compare § 416(i) and §…”

Patterson v. Califano, 475 F. Supp. 578 (E.D. Va. 1979). “§ 1382c, and second, he may not have had income of more than $1,752 for the calendar year (other than income excluded under 42 U.S.C. § 1382f) or resources of more than $1,500 (other than resources excluded under 42 U.”

Ruppert v. Bowen, 871 F.2d 1172 (2d Cir. 1989). “410 , although the benefit is subject to cost-of-living increases, 42 U.S.C. § 1382f, and may well be higher today.”

State of Okl. v. Harris, 480 F. Supp. 581 (D.D.C. 1979). “Section 1617 of the Act, 42 U.S.C. § 1382f. Thus, recipients are enabled to purchase basic needs and keep pace with inflation.”

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— 42 U.S.C. § 1382f(a) — 1 case

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