S. 1199

Prompt Disability Payment to Mesothelioma Victims Act of 2005

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II

109th CONGRESS

1st Session

S. 1199

IN THE SENATE OF THE UNITED STATES

June 8, 2005

Mr. Burns introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL

To amend title II of the Social Security Act to shorten the waiting period for social security disability benefits for individuals with mesothelioma.

1.

Short title

This Act may be cited as the Prompt Disability Payment to Mesothelioma Victims Act of 2005.

2.

Findings

Congress makes the following findings:

(1)

Mesothelioma is a quickly advancing form of cancer.

(2)

Most cases of mesothelioma arise from exposure to asbestos fibers.

(3)

The National Cancer Institute estimates that in 2002, approximately 2,000 new mesothelioma diagnoses were made in the United States.

3.

Shortened waiting period for social security disability benefits for individuals with mesothelioma

(a)

In general

Section 223(c)(2) of the Social Security Act (42 U.S.C. 423(c)(2)) is amended—

(1)

in the matter preceding subparagraph (A), by inserting (or, in the case of an individual with mesothelioma, 30 days) after months; and

(2)

in subparagraph (B)—

(A)

in clause (i), by inserting (or, in the case of an individual with mesothelioma, the thirteenth month) after seventeenth month; and

(B)

in clause (ii), by inserting (or, in the case of an individual with mesothelioma, such thirteenth month) after such seventeenth month.

(b)

Effective date

The amendments made by subsection (a) apply to applications for disability benefits filed or pending on or after the date of enactment of this Act and to any individuals with filed applications for such benefits as of that date who are within a waiting period on such date.