[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4133 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 4133

    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

                              May 4, 2022

   Mr. Barrasso (for himself, Mr. Brown, Ms. Collins, Mr. Coons, Ms. 
  Hassan, Mr. Leahy, Ms. Lummis, Mr. Merkley, Ms. Murkowski, and Mr. 
Reed) 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 2022''.

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 (iii)'' and 
                inserting ``(iii) 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 (iv)'';
                    (B) in paragraph (2)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``section 202(q) and'' and 
                        inserting ``paragraph (3) of this section, 
                        section 202(q), and'';
                            (ii) in subparagraph (A), by striking 
                        ``or'' at the end;
                            (iii) by redesignating subparagraph (B) as 
                        subparagraph (C);
                            (iv) in subparagraph (C), as so 
                        redesignated, by striking ``clause (ii) of 
                        paragraph (1)'' and inserting ``clause (ii) or 
                        (iv) in the matter following subparagraph (E) 
                        of paragraph (1)''; and
                            (v) by inserting after subparagraph (A) the 
                        following new subparagraph:
            ``(B) in any case in which clause (iii) in the matter 
        following subparagraph (E) of paragraph (1) of this subsection 
        is applicable, the first month for which the individual becomes 
        entitled to such disability insurance benefits, or''; and
                    (C) by adding at the end the following new 
                paragraph:
    ``(3)(A) For purposes of paragraph (2), in any case in which clause 
(iii) in the matter following subparagraph (E) of paragraph (1) of this 
subsection is applicable to an individual, the amount of the 
individual's monthly 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 for the individual under 
paragraph (2) (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 for the individual 
        under paragraph (2) (before application of this paragraph); 
        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 for the individual under paragraph (2) (before application 
of this paragraph).''; and
            (2) in subsection (d)(2), by adding at the end the 
        following:
            ``(D) For purposes of clause (iii) in the matter following 
        subparagraph (E) 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 of 1986) and are not in the same physician group 
        practice.''.
    (b) Reports to Congress.--
            (1) Report by social security administration.--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--
                    (A) the total number of individuals who--
                            (i) file 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;
                            (ii) receive such benefits;
                            (iii) die within 6 months of first 
                        receiving such benefits;
                            (iv) die within 12 months of first 
                        receiving such benefits;
                            (v) receive such benefits during the period 
                        described in section 223(a)(3)(B) of the Social 
                        Security Act; and
                            (vi) receive such benefits during the 
                        period described in section 223(a)(3)(C) of the 
                        Social Security Act;
                    (B) 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
                    (C) recommendations for such legislation and 
                administrative actions as are determined appropriate 
                for preventing fraud, waste, and abuse related to such 
                benefits.
            (2) Report by government accountability office.--Not later 
        than 4 years after the date of the enactment of this Act, the 
        Comptroller General of the United States shall submit a report 
        to the relevant committees of Congress that evaluates the 
        provision of disability insurance benefits to terminally ill 
        individuals and provides recommendations for such legislation 
        and administrative actions as are determined appropriate to 
        improve the provision of such benefits to such individuals.
    (c) Effective Date; Sunset.--
            (1) In general.--Subject to paragraph (2), the amendments 
        made by this section shall apply to benefits payable for months 
        beginning after December 31, 2022.
            (2) Sunset.--The amendments made by subsection (a) shall 
        cease to have effect on January 1, 2028, and upon such date, 
        section 223 of the Social Security Act shall read as such 
        section read on the day before the date of the enactment of 
        this Act.
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