I 111th CONGRESS 2d Session H. R. 6002 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.

1.

Short title

This Act may be cited as the Terminally Ill Disability Beneficiary Act of 2009.

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. .

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.