H.R. 5812House110th Congress (2007-2009)In Committee

Robert James Act of 2008

Sponsored by Don YoungRep. Don Young (R-AK)
Introduced April 15, 2008

Legislative Activity

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2 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Social Security.

April 22, 2008

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HouseIntro Referral

Introduced in House

April 15, 2008

HouseIntro Referral

Referred to the House Committee on Ways and Means.

April 15, 2008

HouseCommittee

Referred to the Subcommittee on Social Security.

April 22, 2008

Floor Debate

6 members

What members said about H.R. 5812 on the floor

3 Republicans3 Democrats
James L. Oberstar
Rep. James L. OberstarD-MN-8 · Jul 16, 2007

I thank the gentlewoman, the Chair of our Water Resources Subcommittee, for standing in and carrying on while I was actually returning from Appalachia. And I thank the gentleman from Missouri, our…

Nick J. Rahall II
Rep. Nick J. Rahall IID-WV-3 · Jul 16, 2007

Madam Speaker, I am today in support of H.R. 799, the Appalachian Regional Development Act Amendments of 2007. This long overdue legislation continues to promote every one of the southern West…

Steven C. LaTourette
Rep. Steven C. LaTouretteR-OH-14 · Jul 16, 2007

To the distinguished chairman of our full committee, I just want you to know how well your staff is taking care of you today. As we were calling up the bill, knowing you were traveling back, I didn't…

Eddie Bernice Johnson
Rep. Eddie Bernice JohnsonD-TX-30 · Jul 16, 2007

Madam Speaker, I move to suspend the rules and pass the bill (H.R. 799) to reauthorize and improve the program authorized by the Appalachian Regional Development Act of 1965, as amended. Madam…

Sam Graves
Rep. Sam GravesR-MO-6 · Jul 16, 2007

Madam Speaker, I yield myself such time as I may consume. Madam Speaker, H.R. 799, as amended, reauthorizes and improves the Appalachian Regional Commission, the ARC. The ARC has been a successful…

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James L. Oberstar
Rep. James L. OberstarD-MN-8 · Feb 5, 2007

Madam Speaker, today I, together with Ranking Member Mica, Economic Development Subcommittee Chairwoman Norton, Subcommittee Ranking Member Graves, and many Members who represent communities of the…

Stevan Pearce
Rep. Stevan PearceR-NM-2 · Jul 16, 2007

Madam Speaker, on that I demand the yeas and nays.

Bill Text

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Introduced in HouseIssued April 15, 2008

I

110th CONGRESS

2d Session

H. R. 5812

IN THE HOUSE OF REPRESENTATIVES

April 15, 2008

Mr. Young of Alaska (for himself, Mr. Paul, and Mr. Cantor) introduced the following bill; which was referred to the Committee on Ways and Means

A BILL

To amend title II of the Social Security Act to authorize waivers by the Commissioner of Social Security of the 5-month waiting period for entitlement to benefits based on disability in cases in which the Commissioner determines that such waiting period would cause undue hardship to terminally ill beneficiaries.

1.

Short title

This Act may be cited as the Robert James Act of 2008.

2.

Waiver of 5-month waiting period for benefits based on disability in cases of terminally ill beneficiaries

(a)

Disability insurance benefits

Section 223(a) of the Social Security Act (42 U.S.C. 423(a)) is amended by adding at the end the following new paragraph:

(3)

The Commissioner of Social Security may waive the application of the individual's waiting period under clause (i) in the first sentence of paragraph (1) if the Commissioner determines that such individual would otherwise be entitled to disability insurance benefits under this section, that such individual is terminally ill, and that the application of the waiting period would work an undue hardship on such individual (as determined on the basis of criteria established by the Commissioner). In the case of any such waiver granted by the Commissioner with respect to an individual, notwithstanding clauses (i) and (ii) in the first sentence of paragraph (1), the individual shall be entitled to disability insurance benefits for each month, beginning with the first month during all of which such individual is under a disability and in which such individual would become so entitled to such insurance benefits under such sentence but for such waiting period, and ending as provided in paragraph (1). For purposes of this paragraph, an individual is considered to be terminally ill if the individual has a medical prognosis that the individual's life expectancy is 6 months or less.

.

(b)

Widow's insurance benefits based on disability

Section 202(e)(5) of such Act (42 U.S.C. 402(e)(5)) is amended by adding at the end the following new subparagraph:

(C)

The Commissioner of Social Security may waive the application of the individual's waiting period under paragraph (1)(F)(i) if the Commissioner determines that she would otherwise be entitled to widow's insurance benefits under this section, that she is terminally ill, and that such application of the waiting period would work an undue hardship on her (as determined on the basis of criteria established by the Commissioner). In the case of any such waiver granted by the Commissioner with respect to an individual, notwithstanding clauses (i) and (ii) of paragraph (1)(F), she shall be entitled to widow's insurance benefits for each month, beginning with the first month during all of which she is under a disability and in which she would become so entitled to such insurance benefits under paragraph (1) but for such waiting period, and ending as provided in paragraph (1). For purposes of this subparagraph, an individual is considered to be terminally ill if the individual has a medical prognosis that the individual's life expectancy is 6 months or less.

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(c)

Widower's insurance benefits based on disability

Section 202(f)(5) of such Act (42 U.S.C. 402(f)(5)) is amended by adding at the end the following new subparagraph:

(C)

The Commissioner of Social Security may waive the application of the individual's waiting period under paragraph (1)(F)(i) if the Commissioner determines that he would otherwise be entitled to widower's insurance benefits under this section, that he is terminally ill, and that such application would work an undue hardship on him (as determined on the basis of criteria established by the Commissioner). In the case of any such waiver granted by the Commissioner with respect to an individual, notwithstanding clauses (i) and (ii) of paragraph (1)(F), he shall be entitled to widower's insurance benefits for each month, beginning with the first month during all of which he is under a disability and in which he would become so entitled to such insurance benefits under paragraph (1) but for such waiting period, and ending as provided in paragraph (1). For purposes of this subparagraph, an individual is considered to be terminally ill if the individual has a medical prognosis that the individual's life expectancy is 6 months or less.

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(d)

Commencement of period of disability

Section 216(i)(2)(A) of such Act (42 U.S.C. 416(i)(2)(A)) is amended—

(1)

by inserting (i) after (2)(A);

(2)

by inserting (I) after but only if;

(3)

by inserting (II) after duration or; and

(4)

by adding at the end the following new clause:

(ii)

The Commissioner of Social Security may waive the application of the five-month requirement under clause (i)(I) if the Commissioner determines that such individual would otherwise be entitled to a period of disability under this paragraph, that such individual is terminally ill, and that the application of such five-month requirement would work an undue hardship on such individual (as determined on the basis of criteria established by the Commissioner). For purposes of this clause, an individual is considered to be terminally ill if the individual has a medical prognosis that the individual's life expectancy is 6 months or less.

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3.

Effective dates

The amendments made by subsection (a) of section 2 of this Act shall apply only with respect to benefits under section 223 of the Social Security Act, or under section 202 of such Act on the basis of the wages and self-employment income of an individual entitled to benefits under such section 223, for months beginning after 90 days after the date of the enactment of this Act. The amendments made by subsections (b) and (c) of section 2 of this Act shall apply only with respect to benefits based on disability under subsection (e) or (f) of section 202 of the Social Security Act for months after 90 days after the date of the enactment of this Act. The amendments made by subsection (d) of section 2 of this Act shall apply only with respect to applications for disability determinations filed under title II of the Social Security Act after 90 days after the date of the enactment of this Act.