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.

June 25, 2003

Mr. BRADLEY of New Hampshire (for himself and Mr. CANTOR) introduced the following bill; which was referred to the Committee on Ways and Means

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.

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 `Rachel Granger Act of 2003'.

SEC. 2. WAIVER OF 5-MONTH WAITING PERIOD FOR BENEFITS BASED ON DISABILITY IN CASES OF TERMINALLY ILL BENEFICIARIES.

(a) DISABILITY INSURANCE BENEFITS- Section 223(a) of the Social Security Act (42 U.S.C. 423(a)) is amended by adding at the end the following new paragraph:

`(3) The Commissioner of Social Security may waive the application of the individual's waiting period under clause (i) in the first sentence of paragraph (1) if the Commissioner determines that such individual would otherwise be entitled to disability insurance benefits under this section, that such individual is terminally ill, and that the application of the waiting period would work an undue hardship on such individual (as determined on the basis of criteria established by the Commissioner). In the case of any such waiver granted by the Commissioner with respect to an individual, notwithstanding clauses (i) and (ii) in the first sentence of paragraph (1), the individual shall be entitled to disability insurance benefits for each month, beginning with the first month during all of which such individual is under a disability and in which such individual would become so entitled to such insurance benefits under such sentence but for such waiting period, and ending as provided in paragraph (1). For purposes of this paragraph, an individual is considered to be `terminally ill' if the individual has a medical prognosis that the individual's life expectancy is 6 months or less.'.

(b) WIDOW'S INSURANCE BENEFITS BASED ON DISABILITY- Section 202(e)(5) of such Act (42 U.S.C. 402(e)(5)) is amended by adding at the end the following new subparagraph:

`(C) The Commissioner of Social Security may waive the application of the individual's waiting period under paragraph (1)(F)(i) if the Commissioner determines that she would otherwise be entitled to widow's insurance benefits under this section, that she is terminally ill, and that such application of the waiting period would work an undue hardship on her (as determined on the basis of criteria established by the Commissioner). In the case of any such waiver granted by the Commissioner with respect to an individual, notwithstanding clauses (i) and (ii) of paragraph (1)(F), she shall be entitled to widow's insurance benefits for each month, beginning with the first month during all of which she is under a disability and in which she would become so entitled to such insurance benefits under paragraph (1) but for such waiting period, and ending as provided in paragraph (1). For purposes of this subparagraph, an individual is considered to be `terminally ill' if the individual has a medical prognosis that the individual's life expectancy is 6 months or less.'.

(c) WIDOWER'S INSURANCE BENEFITS BASED ON DISABILITY- Section 202(f)(6) of such Act (42 U.S.C. 402(f)(6)) is amended by adding at the end the following new subparagraph:

`(C) The Commissioner of Social Security may waive the application of the individual's waiting period under paragraph (1)(F)(i) if the Commissioner determines that he would otherwise be entitled to widower's insurance benefits under this section, that he is terminally ill, and that such application would work an undue hardship on him (as determined on the basis of criteria established by the Commissioner). In the case of any such waiver granted by the Commissioner with respect to an individual, notwithstanding clauses (i) and (ii) of paragraph (1)(F), he shall be entitled to widower's insurance benefits for each month, beginning with the first month during all of which he is under a disability and in which he would become so entitled to such insurance benefits under paragraph (1) but for such waiting period, and ending as provided in paragraph (1). For purposes of this subparagraph, an individual is considered to be `terminally ill' if the individual has a medical prognosis that the individual's life expectancy is 6 months or less.'.

(d) COMMENCEMENT OF PERIOD OF DISABILITY- Section 216(i)(2)(A) of such Act (42 U.S.C. 416(i)(2)(A)) is amended--

(1) by inserting `(i)' after `(2)(A)';

(2) by inserting `(I)' after `but only if';

(3) by inserting `(II)' after `duration or'; and

(4) by adding at the end the following new clause:

`(ii) The Commissioner of Social Security may waive the application of the five-month requirement under clause (i)(I) if the Commissioner determines that such individual would otherwise be entitled to a period of disability under this paragraph, that such individual is terminally ill, and that the application of such five-month requirement would work an undue hardship on such individual (as determined on the basis of criteria established by the Commissioner). For purposes of this clause, an individual is considered to be `terminally ill' if the individual has a medical prognosis that the individual's life expectancy is 6 months or less.'.

SEC. 3. EFFECTIVE DATES.

The amendments made by subsection (a) of section 2 of this Act shall apply only with respect to benefits under section 223 of the Social Security Act, or under section 202 of such Act on the basis of the wages and self-employment income of an individual entitled to benefits under such section 223, for months beginning after 90 days after the date of the enactment of this Act. The amendments made by subsections (b) and (c) of section 2 of this Act shall apply only with respect to benefits based on disability under subsection (e) or (f) of section 202 of the Social Security Act for months after 90 days after the date of the enactment of this Act. The amendments made by subsection (d) of section 2 of this Act shall apply only with respect to applications for disability determinations filed under title II of the Social Security Act after 90 days after the date of the enactment of this Act.

END