[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3932 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3932

   To amend title II of the Social Security Act to provide that the 
 waiting period for disability benefits shall not be applicable in the 
    case of a disabled individual suffering from a terminal illness.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 31, 1996

   Mr. Wise 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 provide that the 
 waiting period for disability benefits shall not be applicable in the 
    case of a disabled individual suffering from a terminal illness.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. EXCEPTION FROM WAITING PERIOD FOR DISABLED INDIVIDUALS 
              SUFFERING FROM TERMINAL ILLNESS.

    (a) In General.--The first sentence of section 223(a)(1) of the 
Social Security Act (42 U.S.C. 423(a)(1)) is amended, in clause (ii) 
thereof--
            (1) by inserting ``(I)'' immediately after ``but only if'', 
        and
            (2) by inserting ``or (II) he has a terminal illness (as 
        defined in subsection (e)),'' immediately after ``the first 
        month in which he is under such disability,''.
    (b) Definition of Terminal Illness.--Section 223 of such Act (42 
U.S.C. 423) is further amended by adding at the end thereof the 
following new subsection:

                    ``Definition of Terminal Illness

    ``(e) As used in this section, the term `terminal illness' means, 
in the case of any individual, a medically determinable physical 
impairment which is expected to result in the death of such individual 
within the next 12 months.''.

SEC. 2. EFFECTIVE DATE.

    The amendments made by this Act shall be effective with respect to 
applications for disability insurance benefits under section 223 of the 
Social Security Act filed--
            (1) in or after the month in which this Act is enacted, or
            (2) before the month in which this Act is enacted if--
                    (A) notice of the final decision of the Secretary 
                of Health and Human Services has not been given to the 
                applicant before such month, or
                    (B) the notice referred to in paragraph (1) has 
                been so given before such month but a civil action with 
                respect to such final decision is commenced under 
                section 205(g) of the Social Security Act (whether 
                before, in, or after such month) and the decision in 
                such civil action has not become final before such 
                month;
except that no monthly benefits under title II of the Social Security 
Act shall be payable by reason of the amendments made by this Act for 
any month before the month in which this Act is enacted.
                                 <all>