[Congressional Record Volume 154, Number 14 (Tuesday, January 29, 2008)]
[Senate]
[Pages S448-S449]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. MURKOWSKI (for herself and Mr. Stevens):
  S. 2570. A bill to amend title II of the Social Security Act to 
authorize waivers by the Commissioner of Social Security of the 5-month 
waiting period for entitlement to benefits based on disability in cases 
in which the Commissioner determines that such waiting period would 
cause undue hardship to terminally ill beneficiaries; to the Committee 
on Finance.
  The PRESIDING OFFICER. The Senator from Alaska is recognized.
  Ms. MURKOWSKI. Mr. President, I rise this afternoon to discuss 
legislation that I have introduced that will fix an inequity in the 
Social Security disability insurance system. This inequity rises from 
Federal law that places an arbitrary 5-month waiting period on when an 
individual who has been diagnosed with a terminal illness is eligible 
for disability compensation provided through Social Security benefits.
  Currently, under title II of the Social Security Act, Federal law 
requires a 5-month waiting period from when the patient is diagnosed 
until the disability benefits begin. Monthly cash benefits, about $980 
on average, will be provided to the disabled individual to help offset 
medical or any other expenses and will also help diminish the financial 
hardships that are faced by those workers.
  The monthly cash benefits that are available to the individuals can 
help not only offset the medical or other expenses, but they can really 
help to diminish financial hardships that are faced by the workers, by 
the families, who really may have very little or oftentimes no 
resources to fall back upon during the early months of a disability.
  This legislation came about as a result of a telephone call received 
in my Anchorage office to the head of my constituent services. She 
received a call from a constituent in Alaska by the name of Robert 
James. He indicated he had been diagnosed in November with stage 4 lung 
cancer, and he was given, at that time, 3 to 6 months to live. He 
called my office asking for help.
  He wanted to know how, as someone who had just been diagnosed with a 
terminal illness, he might be eligible for disability compensation 
provided through Social Security benefits.
  And so my constituent service director, after listening to his story, 
went through everything to try to figure out a way to help this 
individual, only to learn that the process, the law as it sets out now, 
provides for a 5-month waiting period.
  Although Mr. James has insurance coverage through his employer, he is 
unable to work because of his disability. He is going to incur 
thousands of dollars, probably hundreds of thousands of dollars in 
medical bills because of this arbitrary 5-month waiting period.
  If he had only been given the opportunity to demonstrate his case for 
financial hardship to the Social Security Commissioner, he and his 
family may have qualified for this cash benefit offset. What my 
legislation would do is give the Social Security Commissioner the 
ability to waive the 5-month waiting period on a case-by-case basis for 
terminally ill individuals who would have to demonstrate the financial 
hardship.

[[Page S449]]

  In Mr. James's case, as I indicated, he is employed, works for the 
cargo department of a major airline in Alaska, but he would have to 
demonstrate there is financial hardship as a consequence of this 
terminal diagnosis.
  It makes you wonder why this 5-month period. The capriciousness of a 
5-month waiting period is evidenced by looking at the legislative 
history. In 1972, the House Ways and Means Committee report sought to 
reduce the waiting period from at that time 6 months to 5 months. At 
the time the Senate Finance Committee was pushing for a shorter period. 
They were pushing for a 4-month period.
  So back in 1972, you had a 6-month period. Some wanted it to go to 4 
months. Eventually they agreed upon a 5-month waiting period. But it 
begs the question: Should it be 4 months, 5 months? Should it only be 1 
month?
  My legislation would give the Social Security Commissioner the 
discretion to waive the waiting period if the terminally ill individual 
can demonstrate a financial hardship. This will alleviate the financial 
burden or help to offset the financial burden of a terminal illness on 
the disabled individuals and their families and will also provide for a 
financial offset for paying medical bills after he or she is deceased.
  I would ask that in honor of my constituent, Mr. Jones, my colleagues 
support this bill because there are people who become disabled. We know 
they are unable to work. They need that monthly support to help offset 
the costs of their terminal illness.
  For this reason, it is imperative that the Social Security 
Commissioner have that ability on a case-by-case basis to make a 
determination for disability benefits. Mr. James's chemotherapy costs, 
we understand, are about between $10,000 and $15,000 per monthly 
session, and this does not include the other medical bills he is 
facing.
  I ask my colleagues to join me in supporting this legislation so that 
Robert James and Americans like Mr. James have the ability to qualify 
for disability benefits to offset these costly expenses without having 
to complete an arbitrary 5-month waiting period.

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