[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5034 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 5034

 To amend title II of the Social Security Act to require waiver of the 
5-month waiting period for entitlement to benefits based on disability 
              in the case of a terminally ill beneficiary.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 8, 2004

  Mr. Thompson of California 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 require waiver of the 
5-month waiting period for entitlement to benefits based on disability 
              in the case of a terminally ill beneficiary.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Randy Barrett Act''.

SEC. 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)(A) In the case of any individual who is terminally ill and is 
not entitled to disability insurance benefits under this section for 
any month solely by reason of the waiting period under clause (i) in 
the first sentence of paragraph (1), the Commissioner of Social 
Security shall waive the application of the waiting period, and, 
notwithstanding clauses (i) and (ii) of the first sentence of paragraph 
(1), such 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).
    ``(B) For purposes of subparagraph (A), an individual is considered 
to be `terminally ill' if the individual has a medical prognosis, 
certified by a physician, that the individual's life expectancy is 12 
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)(i) In the case of any individual who is terminally ill and is 
not entitled to widow's insurance benefits under this section for any 
month solely by reason of the waiting period under paragraph (1)(F)(i), 
the Commissioner of Social Security shall waive the application of the 
waiting period, and, notwithstanding clauses (i) and (ii) of paragraph 
(1)(F), such individual 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).
    ``(ii) For purposes of this subparagraph, an individual is 
considered to be `terminally ill' if the individual has a medical 
prognosis, certified by a physician, that the individual's life 
expectancy is 12 months or less.''.
    (c) Widower's Insurance Benefits Based on Disability.--Section 
202(f)(6) of such Act (42 U.S.C. 402(f)(6)) is amended by adding at the 
end the following new subparagraph:
    ``(C)(i) In the case of any individual who is terminally ill and is 
not entitled to widower's insurance benefits under this section for any 
month solely by reason of the waiting period under paragraph (1)(F)(i), 
the Commissioner of Social Security shall waive the application of the 
waiting period, and, notwithstanding clauses (i) and (ii) of paragraph 
(1)(F), such individual 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).
    ``(ii) For purposes of this subparagraph, an individual is 
considered to be `terminally ill' if the individual has a medical 
prognosis, certified by a physician, that the individual's life 
expectancy is 12 months or less.''.
    (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) In any case in which an individual is terminally ill and a 
month is not included within a period of disability of such individual 
solely by reason of the 5-month duration requirement under clause 
(i)(I), the Commissioner of Social Security shall waive the application 
of such requirement, and, notwithstanding clause (i)(I), such month 
shall be included in a period of disability. For purposes of this 
subparagraph, an individual is considered to be `terminally ill' if the 
individual has a medical prognosis, certified by a physician, that the 
individual's life expectancy is 12 months or less.''.

SEC. 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 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 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 
the date of the enactment of this Act.
                                 <all>