[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1665 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 1665

To amend the Social Security Act to provide for findings of presumptive 
  disability under title II of such Act in the same manner and to the 
  same extent as is currently applicable under title XVI of such Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 17, 1995

  Mr. Stark introduced the following bill; which was referred to the 
   Committee on Ways and Means, and in addition to the Committee on 
Commerce, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend the Social Security Act to provide for findings of presumptive 
  disability under title II of such Act in the same manner and to the 
  same extent as is currently applicable under title XVI of such Act.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FINDINGS OF PRESUMPTIVE DISABILITY UNDER TITLE II OF THE 
              SOCIAL SECURITY ACT.

    (a) In General.--Section 221 of the Social Security Act (42 U.S.C. 
421) is amended by adding at the end the following new subsection:

                        ``presumptive disability

    ``(m)(1) The Secretary shall provide by regulation for findings of 
whether an individual applying for benefits under section 223 or 
benefits based on such individual's disability under section 202 is 
presumptively disabled. Such findings shall be made in the same manner 
and under the same disability standards as apply in finding whether an 
individual applying for benefits under title XVI is presumptively 
disabled under such title.
    ``(2) If an individual applying for benefits under section 223 or 
benefits based on such individual's disability under section 202 is 
found to be presumptively disabled under the regulations prescribed 
pursuant to paragraph (1) and is determined to meet the requirements 
for entitlement to such benefits other than the requirement that the 
individual be under a disability, the Secretary shall pay such benefits 
to such individual for each month during the period--
            ``(A) beginning with the later of--
                    ``(i) the month in which the finding of presumptive 
                disability is made, or
                    ``(ii) the first month after the expiration of the 
                applicable waiting period (as defined in section 
                223(c)(2), 202(e)(5)(A), or 202(f)(6)(A), as 
                applicable, as if the reference therein to `disability' 
                were a reference to `presumptive disability'), and
            ``(B) ending with the earlier of--
                    ``(i) the last month before the date of a 
                determination of whether the individual is disabled, or
                    ``(ii) the last month of the 6-month period 
                beginning with the month described in subparagraph (A).
    ``(3) An individual to whom a disability insurance benefit is 
payable under paragraph (2) for any month shall be treated as entitled 
to such benefit for such month for purposes of determining entitlement 
of other persons to benefits for such month under section 202 based on 
such individual's entitlement to such benefit.
    ``(4) Any benefits paid to an individual under this subsection for 
months prior to the determination of whether such individual is 
disabled, and benefits paid to another person on the basis of the 
treatment of such individual as entitled to disability insurance 
benefits under paragraph (3), shall in no event be considered 
overpayments for purposes of section 204 solely because such individual 
is determined not to be disabled.
    ``(5)(A) Subject to subparagraph (B), a benefit shall not be 
payable to any individual under this subsection or section 
1631(a)(4)(B) if such individual has been paid benefits based on the 
presumptive disability or presumptive blindness of such individual for 
6 months (irrespective of whether the prior payments were made pursuant 
to this subsection, section 1631(a)(4)(B), or any combination thereof).
    ``(B) For purposes of subparagraph (A), any benefits paid under 
this subsection or section 1631(a)(4)(B) in connection with a prior 
disability or blindness of such individual shall be disregarded.''.
    (b) Determinations of Medicaid Eligibility.--Section 1634 of such 
Act (42 U.S.C. 1383c) is amended by adding at the end the following new 
subsection:
    ``(e)(1) Any individual who receives a benefit under title II in 
any month on the basis of presumptive disability pursuant to section 
221(m) shall be deemed for purposes of title XIX to be a recipient of a 
benefit under this title in such month in any case in which he or she 
would be eligible for such benefit under this title in such month if 
the amount of such benefit under title II received in such month were 
disregarded.
    ``(2) For purposes of paragraph (1), the term `benefit under this 
title' means a supplemental security income benefit under this title, a 
State supplemental payment of the type referred to in section 1616(a), 
and a payment of the type described in section 212(a) of Public Law 93-
66.''.

SEC. 2. EFFECTIVE DATE.

    The amendments made by this Act shall apply with respect to 
applications for benefits under title II of the Social Security Act 
filed after the 180-day period following the date of the enactment of 
this Act and may, at the discretion of the Secretary of Health and 
Human Services, apply to applications filed during such period.
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