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.
Short title
This Act may be cited as the
Robert James Act of
2008
.
Waiver of 5-month waiting period for benefits based on disability in cases of terminally ill beneficiaries
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:
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.
.
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:
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.
.
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:
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.
.
Commencement of period of disability
Section 216(i)(2)(A) of such Act (42 U.S.C. 416(i)(2)(A)) is amended—
by inserting
(i)
after (2)(A)
;
by inserting
(I)
after but only if
;
by inserting
(II)
after duration or
; and
by adding at the end the following new clause:
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.
.
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.