[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6002 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6002

   To amend title II of the Social Security Act to provide that the 
     waiting period for disability insurance benefits shall not be 
   applicable in the case of a disabled individual suffering from a 
                           terminal illness.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 30, 2010

 Mr. Costello 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 provide that the 
     waiting period for disability insurance benefits shall not be 
   applicable in the case of a disabled individual suffering from a 
                           terminal illness.

    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 ``Terminally Ill Disability 
Beneficiary Act of 2009''.

SEC. 2. EXCEPTION FROM WAITING PERIOD FOR DISABILITY INSURANCE BENEFITS 
              OF INDIVIDUALS SUFFERING FROM TERMINAL ILLNESS.

    (a) In General.--The first sentence of section 223(a)(1) of the 
Social Security Act (42 U.S.C. 423(a)(1)) is amended, in clause (ii) 
thereof in the matter following subparagraph (E)--
            (1) by inserting ``(I)'' after ``but only''; and
            (2) by inserting ``or (II) if he has a terminal illness (as 
        defined in paragraph (3)) and his application for such benefits 
        is filed during his waiting period (as so defined) which would 
        otherwise be applicable under clause (i),'' after ``the first 
        month in which he is under such disability,''.
    (b) Definition of Terminal Illness.--Section 223(a) of such Act is 
amended further by adding at the end the following new paragraph:
    ``(3) As used in this subsection, the term `terminal illness' 
means, in the case of any individual, a medically determinable physical 
impairment which is expected to result in the death of such 
individual--
            ``(A) within the next 6 months, or
            ``(B) in the case of such an impairment which consists of a 
        burn injury, within the next 12 months.''.
    (c) Conforming Amendments Relating to Retroactive Benefits.--
Section 223(b) of such Act (42 U.S.C. 423(b)) is amended--
            (1) by inserting ``(1)'' after ``(b)'';
            (2) by striking ``An individual'' and inserting the 
        following:
    ``(2)(A) An individual''; and
            (3) by adding at the end the following new subparagraph:
    ``(B) In any case in which the application for benefits under this 
section is filed during a waiting period (as defined in subsection 
(c)(2)) which is inapplicable solely by reason of clause (ii)(II) of 
subsection (a)(1), subparagraph (A) shall not apply with respect to 
benefits for months in such waiting period.''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by this Act shall apply with respect to 
benefits based on applications filed on or after the date of the 
enactment of this Act and benefits based on applications filed during a 
waiting period (as defined in section 223(c)(2) of the Social Security 
Act) in connection with such benefits ending after such date.
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