TREATMENT OF EARNINGS DERIVED FROM SERVICES.

SEC. 825. TREATMENT OF EARNINGS DERIVED FROM SERVICES. (a) In general.—Section 223(d)(4) of the Social Security Act (42 U.S.C. 423(d)(4)) is amended by adding at the end the following: “(C)(i) Subject to clause (ii), in determining when earnings derived from services demonstrate an individual’s ability to engage in substantial gainful activity, such earnings shall be presumed to have been earned— “(I) in making a determination of initial entitlement on the basis of disability, in the month in which the services were performed from which such earnings were derived; and “(II) in any other case, in the month in which such earnings were paid. “(ii) A presumption made under clause (i) shall not apply to a determination described in such clause if— “(I) the Commissioner can reasonably establish, based on evidence readily available at the time of such determination, that the earnings were earned in a different month than when paid; or “(II) in any case in which there is a determination that no benefit is payable due to earnings, after the individual is notified of the presumption made and provided with an opportunity to submit additional information along with an explanation of what additional information is needed, the individual shows to the satisfaction of the Commissioner that such earnings were earned in another month.” . (b) [42 U.S.C. 423 note] Effective Date.—The amendment made by subsection (a) shall take effect upon the date of the enactment of this Act, or as soon as practicable thereafter.