1.This Act may be cited as the
Disability Equity
Act
.
2.Elimination of 5-month
waiting period for benefits based on disability
(a)Disability
insurance benefits
(1)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)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)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(A)Section 223(c)(2) of such Act is repealed.
(B)
(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)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 termSection 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)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 termSection 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 disabilitySection
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)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.
3.Elimination of waiting
period for medicare disability benefits
(a)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)
(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)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.