[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2263 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2263

 To amend title II of the Social Security Act to eliminate the waiting 
  periods for people with disabilities for entitlement to disability 
             benefits and Medicare, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 5, 2009

  Ms. Sutton 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 eliminate the waiting 
  periods for people with disabilities for entitlement to disability 
             benefits and Medicare, and for other purposes.

    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 ``Disability Equity Act''.

SEC. 2. ELIMINATION OF 5-MONTH WAITING PERIOD FOR BENEFITS BASED ON 
              DISABILITY.

    (a) Disability Insurance Benefits.--
            (1) In general.--The first sentence of section 223(a)(1) of 
        the Social Security Act (42 U.S.C. 423(a)(1)) is amended by 
        striking ``(i) for each month'' and all that follows through 
        ``the first month in which he is under such disability'' and 
        inserting the following: ``for each month beginning with the 
        first month during all of which such individual is under a 
        disability and in which such individual becomes so entitled to 
        such insurance benefits''.
            (2) Waiting period eliminated from determination of benefit 
        amount.--
                    (A) In general.--The first sentence of section 
                223(a)(2) of such Act (42 U.S.C. 423(a)(2)) is amended 
                by striking ``in--'' and all that follows through ``and 
                as though'' and inserting the following: ``in the first 
                month for which such individual becomes entitled to 
                such disability insurance benefits, and as though''.
                    (B) Conforming amendment.--The second sentence of 
                section 223(a)(2) of such Act (42 U.S.C. 423(a)(2)) is 
                amended by striking ``subparagraph (A) or (B) of such 
                sentence, as the case may be'' and inserting ``such 
                sentence''.
            (3) Elimination of defined term.--
                    (A) In general.--Section 223(c)(2) of such Act is 
                repealed.
                    (B) Conforming amendments.--
                            (i) The heading of section 223(c) of such 
                        Act (42 U.S.C. 423(c)) is amended to read as 
                        follows: ``Definition of Insured Status''.
                            (ii) Section 223(c)(1) of such Act (42 
                        U.S.C. 423(c)(1)) is amended by striking ``For 
                        purposes of subparagraph (B) of this paragraph, 
                        when the number of quarters'' in the last 
                        sentence and inserting the following:
            ``(2) In applying paragraph (1)(B), when the number of 
        quarters''.
    (b) Widow's Insurance Benefits Based on Disability.--
            (1) In general.--Section 202(e)(1)(F) of such Act (42 
        U.S.C. 402(e)(1)(F)) is amended to read as follows:
            ``(F) if she satisfies subparagraph (B) by reason of clause 
        (ii) thereof, the first month during all of which she is under 
        a disability and in which she becomes so entitled to such 
        insurance benefits,''.
            (2) Elimination of defined term.--Section 202(e) of such 
        Act (42 U.S.C. 402(e)) is amended--
                    (A) by striking paragraph (5); and
                    (B) by redesignating paragraphs (6), (7), and (8) 
                as paragraphs (5), (6), and (7), respectively.
    (c) Widower's Insurance Benefits Based on Disability.--
            (1) In general.--Section 202(f)(1)(F) of such Act (42 
        U.S.C. 402(f)(1)(F)) is amended to read as follows:
            ``(F) if he satisfies subparagraph (B) by reason of clause 
        (ii) thereof, the first month during all of which he is under a 
        disability and in which he becomes so entitled to such 
        insurance benefits,''.
            (2) Elimination of defined term.--Section 202(f) of such 
        Act (42 U.S.C. 402(f)) is amended--
                    (A) by striking paragraph (5); and
                    (B) by redesignating paragraphs (6), (7), and (8) 
                as paragraphs (5), (6), and (7), respectively.
    (d) Elimination of Waiting Period for Commencement of Periods of 
Disability.--Section 216(i)(2)(A) of such Act (42 U.S.C. 416(i)(2)(A)) 
is amended by striking ``, but only'' and all that follows and 
inserting a period.
    (e) Effective Dates.--The amendments made by subsection (a) shall 
apply 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 following the month in which this Act is 
enacted. The amendments made by subsections (b) and (c) shall apply 
with respect to benefits based on disability under subsection (e) or 
(f) of section 202 of the Social Security Act (42 U.S.C. 402) for 
months following the month in which this Act is enacted. The amendment 
made by subsection (d) shall apply only with respect to applications 
for disability determinations filed under title II of the Social 
Security Act on or after the date of the enactment of this Act.

SEC. 3. ELIMINATION OF WAITING PERIOD FOR MEDICARE DISABILITY BENEFITS.

    (a) In General.--Section 226(b) of the Social Security Act (42 
U.S.C. 426(b)) is amended--
            (1) in paragraph (2)(A), by striking ``, and has for 24 
        calendar months been entitled to,'';
            (2) in paragraph (2)(B), by striking ``, and has been for 
        not less than 24 months,'';
            (3) in paragraph (2)(C)(ii), by striking ``, including the 
        requirement that he has been entitled to the specified benefits 
        for 24 months,''; and
            (4) in the flush matter following paragraph 
        (2)(C)(ii)(II)--
                    (A) in the matter before the first complete 
                sentence, by striking ``for each month beginning with 
                the later of (I) July 1973 or (II) the twenty-fifth 
                month of his'' and inserting ``for each month beginning 
                with the first month of the individual's'';
                    (B) in the first complete sentence, by striking 
                ``the `twenty-fifth month of his entitlement' refers to 
                the first month after the twenty-fourth month of 
                entitlement to specified benefits referred to in 
                paragraph (2)(C) and'' and inserting ``the `first month 
                of the individual's entitlement' refers to the first 
                month of entitlement to specified benefits referred to 
                in paragraph (2)(C) and''; and
                    (C) in the second complete sentence, by striking 
                ``, but not in excess of 78 such months''.
    (b) Conforming Amendments.--
            (1) Subsections (f) and (h) of section 226 of the Social 
        Security Act (42 U.S.C. 426) are repealed.
            (2) Section 1811(2) of such Act (42 U.S.C. 1395c(2)) is 
        amended by striking ``who have been entitled for not less than 
        24 months'' and inserting ``who are entitled''.
            (3) Section 1837(g)(1) of such Act (42 U.S.C. 1395p(g)(1)) 
        is amended by striking ``of the later of (A) April 1973 or (B) 
        the third month before the 25th month of such entitlement'' and 
        inserting ``of the first month of such entitlement''.
            (4) Section 7(d)(2)(ii) of the Railroad Retirement Act of 
        1974 (45 U.S.C. 231f(d)(2)(ii)) is amended--
                    (A) by striking ``, for not less than 24 months''; 
                and
                    (B) by striking ``could have been entitled for 24 
                calendar months, and could currently be entitled,'' and 
                inserting ``could currently be entitled''.
    (c) Effective Date.--The amendments made by this section shall 
apply to insurance benefits under title XVIII of the Social Security 
Act with respect to items and services furnished in months beginning 
after the date of the enactment of this Act.
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