I 111th CONGRESS 1st Session H. R. 770 IN THE HOUSE OF REPRESENTATIVES January 28, 2009 Mrs. Lowey 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 repeal the 7-year restriction on eligibility for widow’s and widower’s insurance benefits based on disability.

1.

Repeal of 7-Year restriction on eligibility for widow’s and widower’s insurance benefits based on disability

(a)

Widow’s insurance benefits

(1)

In general

Section 202(e) of the Social Security Act (42 U.S.C. 402(e)) is amended— (A)in paragraph (1)(B)(ii), by striking which began before the end of the period specified in paragraph (4); (B)in paragraph (1)(F)(ii), by striking (I) in the period specified in paragraph (4) and (II); (C)by striking paragraph (4) and by redesignating paragraphs (5) through (8) as paragraphs (4) through (7), respectively; and (D)in paragraph (4)(A)(ii) (as redesignated), by striking whichever and all that follows through begins and inserting the first day of the seventeenth month before the month in which her application is filed. (2)

Conforming amendments

(A)Section 202(e)(1)(F)(i) of such Act (42 U.S.C. 402(e)(1)(F)(i)) is amended by striking paragraph (5) and inserting paragraph (4). (B)Section 202(e)(1)(C)(ii)(III) of such Act (42 U.S.C. 402(e)(2)(C)(ii)(III)) is amended by striking paragraph (8) and inserting paragraph (6). (C)Section 226(e)(1)(A)(i) of such Act (42 U.S.C. 426(e)(1)(A)(i)) is amended by striking 202(e)(4),. (b)

Widower’s insurance benefits

(1)

In general

Section 202(f) of such Act (42 U.S.C. 402(f)) is amended— (A)in paragraph (1)(B)(ii), by striking which began before the end of the period specified in paragraph (4); (B)in paragraph (1)(F)(ii), by striking (I) in the period specified in paragraph (4) and (II); (C)by striking paragraph (4) and by redesignating paragraphs (5) through (8) as paragraphs (4) through (7), respectively; and (D)in paragraph (4)(A)(ii) (as redesignated), by striking whichever and all that follows through begins and inserting the first day of the seventeenth month before the month in which his application is filed. (2)

Conforming amendments

(A)Section 202(f)(1)(F)(i) of such Act (42 U.S.C. 402(f)(1)(F)(i)) is amended by striking paragraph (5) and inserting paragraph (4). (B)Section 202(f)(1)(C)(ii)(III) of such Act (42 U.S.C. 402(f)(2)(C)(ii)(III)) is amended by striking paragraph (8) and inserting paragraph (6). (C)Section 226(e)(1)(A)(i) of such Act (as amended by subsection (a)(2)) is further amended by striking 202(f)(1)(B)(ii), and 202(f)(4) and inserting and 202(f)(1)(B)(ii). (c)

Effective date

The amendments made by this section shall apply with respect to benefits for months after December 2009 for which applications are filed or pending on or after January 1, 2010.