[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1311 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1311

    To provide for phased-in payment of Social Security Disability 
  Insurance payments during the waiting period for individuals with a 
                           terminal illness.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 17, 2013

  Mr. Barrasso (for himself, Mr. Enzi, and Mr. Brown) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL


 
    To provide for phased-in payment of Social Security Disability 
  Insurance payments during the waiting period for individuals with 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 ``Expedited Disability Insurance 
Payments for Terminally Ill Individuals Act of 2013''.

SEC. 2. PHASED-IN PAYMENT OF SSDI BENEFITS DURING THE WAITING PERIOD 
              FOR THE TERMINALLY ILL.

    (a) In General.--Section 223 of the Social Security Act (42 U.S.C. 
423) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), in the matter following 
                subparagraph (E), by striking ``or (ii)'' and inserting 
                ``(ii) subject to paragraph (2)(B), for each month 
                beginning with the first month during all of which the 
                individual is determined under subparagraph (D) of 
                subsection (d)(2) to be under a disability and in which 
                he becomes so entitled to such insurance benefits, or 
                (iii)'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by striking ``or'' 
                        at the end;
                            (ii) by redesignating subparagraph (B) as 
                        subparagraph (C);
                            (iii) in subparagraph (C), as so 
                        redesignated, by striking ``(ii)'' and 
                        inserting ``(iii)''; and
                            (iv) by inserting after subparagraph (A) 
                        the following new subparagraph:
            ``(B) in any case in which clause (ii) of paragraph (1) of 
        this subsection is applicable, the first month for which the 
        individual becomes entitled to such disability insurance 
        benefits, subject to the phase-in percentage period described 
        in paragraph (3)(A), or''; and
                    (C) by adding at the end the following new 
                paragraph:
    ``(3)(A) For purposes of paragraph (2)(B), in any case in which 
clause (ii) of paragraph (1) of this subsection is applicable, an 
individual's disability insurance benefit for the earliest period of 2 
consecutive calendar months throughout which the individual has been 
entitled to such insurance benefits shall be equal to the product of 
the benefit amount determined under paragraph (2)(B) (as determined 
before application of this paragraph) and--
            ``(i) for the first calendar month, 50 percent; and
            ``(ii) for the second calendar month, 75 percent.
    ``(B) If an individual who has been determined under subparagraph 
(D) of subsection (d)(2) to be under a disability has been entitled to 
a disability insurance benefit on such basis for 12 consecutive 
calendar months, the individual's disability insurance benefit for any 
month during the subsequent period of 12 consecutive calendar months 
shall be equal to--
            ``(i) the benefit amount determined under paragraph (2)(B) 
        (as determined before application of subparagraph (A)); minus
            ``(ii) the quotient obtained by dividing the total amount 
        of disability insurance benefits provided to the individual 
        during the earliest period of five consecutive calendar months 
        for which the individual was entitled to such benefits on such 
        basis by 12.
    ``(C) If an individual who has been determined under subparagraph 
(D) of subsection (d)(2) to be under a disability has been entitled to 
a disability insurance benefit on such basis for 24 consecutive 
calendar months, the individual's disability insurance benefit for any 
subsequent month shall be equal to 95 percent of the benefit amount 
determined under paragraph (2)(B) (as determined before application of 
subparagraphs (A) and (B)).''; and
            (2) in subsection (d)(2), by adding at the end the 
        following:
            ``(D) For purposes of clause (ii) of paragraph (1) of 
        subsection (a), an individual shall be determined to be under a 
        disability upon submission of a diagnosis of a terminal illness 
        (as defined in section 1861(dd)(3)(A)) that has been certified 
        by not less than 2 physicians (as defined in section 
        1861(r)(1)) who are not related (as defined in section 
        267(c)(4) of the Internal Revenue Code) and are not in the same 
        physician group practice.''.
    (b) Report to Congress.--Not later than 12 months after the date of 
the enactment of this Act, and each year thereafter, the Commissioner 
of the Social Security Administration, in coordination with the 
Inspector General of the Social Security Administration, shall submit 
to the relevant committees of Congress a report that evaluates the 
provision of disability insurance benefits to terminally ill 
individuals, including--
            (1) the total number of individuals who--
                    (A) filed applications for disability insurance 
                benefits (as determined under section 223(a)(3) of the 
                Social Security Act) based on a diagnosis of a terminal 
                illness;
                    (B) receive such benefits;
                    (C) die within 6 months of first receiving such 
                benefits;
                    (D) die within 12 months of first receiving such 
                benefits;
                    (E) receive such benefits during the period 
                described in section 223(a)(3)(B) of the Social 
                Security Act; and
                    (F) receive such benefits during the period 
                described in section 223(a)(3)(C) of the Social 
                Security Act;
            (2) the total amount expended, including related 
        administrative expenses, for the provision of disability 
        insurance benefits under section 223(a)(3) of the Social 
        Security Act to individuals diagnosed with a terminal illness; 
        and
            (3) recommendations for such legislation and administrative 
        actions as are determined appropriate for preventing fraud, 
        waste, and abuse related to such benefits.
    (c) Effective Date.--The amendments made by this section shall 
apply to benefits payable for months beginning after December 31, 2013.
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