II 110th CONGRESS 1st Session S. 1736 IN THE SENATE OF THE UNITED STATES June 28, 2007 Mr. Dodd introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title II of the Social Security Act to provide that the eligibility requirement for disability insurance benefits under which an individual must have 20 quarters of Social Security coverage in the 40 quarters preceding a disability shall not be applicable in the case of a disabled individual suffering from a covered terminal disease.

1.

Short title

This Act may be cited as the Claire Collier Social Security Disability Insurance Fairness Act.

2.

Exception from 20/40 requirement for disability insurance benefits for individuals suffering from a covered terminal disease

(a)

Exception from recent work requirement

(1)

In general

Section 223(c)(1) of the Social Security Act (42 U.S.C. 423(c)(1)) is amended in the flush matter following subparagraph (B)(iii) by inserting or suffering from a covered terminal disease after 216(i)(1)). (2)

Conforming amendment

Section 216(i)(3) of such Act (42 U.S.C. 416(i)(3)) is amended in the flush matter following subparagraph (B)(iii) by inserting or suffering from a covered terminal disease after paragraph (1)). (b)

Definition of covered terminal disease

Not later than 60 days after the date of enactment of this Act, the Commissioner of Social Security shall issue a proposed rule defining the term covered terminal disease for purposes of sections 216(i)(3) and 223(c)(1) of the Social Security Act (as amended by subsection (a)) that shall include (but not be limited to) those diseases that are incurable, progressive, and terminal, including neurodegenerative and neurological diseases that are likely to cause death within a 5-year period of onset. (c)

Interim final and final rules

(1)

Interim final rule

Not later than 90 days after the date of enactment of this Act, the Commissioner of Social Security shall issue an interim final rule defining the term covered terminal disease in accordance with the requirements of subsection (b) and shall provide for a period of public comments on such rule. (2)

Final rule

Not later than 6 months after the date of enactment of this Act, the Commissioner of Social Security shall issue a final rule defining the term covered terminal disease in accordance with the requirements of subsection (b) and consideration of any public comments received during the period required under paragraph (1). (d)

Effective date

The amendments made by subsection (a) shall take effect on the date of enactment of this Act and shall apply to any applications for disability insurance benefits under title II of the Social Security Act that are pending or filed on or after that date.