[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2713 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2713

 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, and to provide for a study by 
 the Commissioner regarding possible improvements in disability claims 
                              processing.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 14, 2007

Mr. Pickering (for himself, Mr. Pomeroy, 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, and to provide for a study by 
 the Commissioner regarding possible improvements in disability claims 
                              processing.

    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 ``Joseph H. Seall Act of 2007''.

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) 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.''.
    (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) 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.''.
    (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.''.
    (e) Effective Dates.--The amendments made by subsection (a) 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) 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) 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.

SEC. 3. STUDY REGARDING DISABILITY CLAIMS PROCESSING.

    (a) In General.--As soon as practicable after the date of the 
enactment of this Act, the Commissioner of Social Security shall 
undertake a study regarding the processing of claims for disability 
insurance benefits under section 223 of the Social Security Act, other 
benefits based on disability under section 202 of such Act, periods of 
disability under section 216(i) of such Act, and supplemental security 
income benefits based on disability under title XVI of such Act.
    (b) Matters To Be Studied.--In carrying out the study required 
under subsection (a), the Commissioner shall--
            (1) analyze the methods and procedures currently employed 
        in making determinations regarding claims described in 
        subsection (a), including methods and procedures employed by 
        State agencies and the Social Security Administration under 
        section 221 of such Act, and
            (2) compare such methods and procedures to the methods and 
        procedures currently employed by other Federal and State 
        agencies and disability benefit providers in the private sector 
        regarding claims for disability benefits under programs 
        administered by such agencies and providers.
    (c) Report.--Not later than 120 days after the date of the 
enactment of this Act, the Commissioner shall report to the Committee 
on Ways and Means of the House of Representatives and the Committee on 
Finance of the Senate the Commissioner's recommendations regarding 
possible improvements in the methods and procedures referred to in 
subsection (b)(1) (including methods and procedures that would expedite 
the disability determination process as a means of remedying the 
current backlog in the processing of claims described in subsection 
(a)) based on the comparisons made pursuant to subsection (b)(2), 
together with such recommendations for legislative changes as the 
Commissioner may consider necessary or appropriate to facilitate such 
improvements.
                                 <all>