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.

Summary: Robert James Act of 2008 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to authorize waivers by the Commissioner of Social Security of the five-month waiting period for entitlement to benefits based on disability in cases in which such waiting period would cause undue hardship to terminally ill beneficiaries.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Robert James Act of 2008''.

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)(5) of such Act (42 U.S.C. 402(f)(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 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.