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)(5) of such Act (42 U.S.C. 402(f)(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 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.