I 

110TH CONGRESS 

1ST SESSION H. R. 2713 

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, and to provide for a study by the Commissioner regarding possible improvements in disability claims processing. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 14, 2007 

Mr. PICKERING (for himself, Mr. POMEROY, and Mr. CANTOR) introduced the 

following bill; which was referred to the Committee on Ways and Means 

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, and to provide for 

a study by the Commissioner regarding possible improvements in disability claims processing. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Joseph H. Seall Act 

3 of 2007’’. 

4 SEC. 2. WAIVER OF 5-MONTH WAITING PERIOD FOR BENE5 FITS BASED ON DISABILITY IN CASES OF TER6 MINALLY ILL BENEFICIARIES. 

7 (a) DISABILITY INSURANCE BENEFITS.—Section 

8 223(a) of the Social Security Act (42 U.S.C. 423(a)) is 

9 amended by adding at the end the following new para10 graph: 

11 ‘‘(3) The Commissioner of Social Security may waive 

12 the application of the individual’s waiting period under 

13 clause (i) in the first sentence of paragraph (1) if the 

14 Commissioner determines that such individual would oth15 erwise be entitled to disability insurance benefits under 

16 this section, that such individual is terminally ill, and that 

17 the application of the waiting period would work an undue 

18 hardship on such individual (as determined on the basis 

19 of criteria established by the Commissioner). In the case 

20 of any such waiver granted by the Commissioner with re21 spect to an individual, notwithstanding clauses (i) and (ii) 

22 in the first sentence of paragraph (1), the individual shall 

23 be entitled to disability insurance benefits for each month, 

24 beginning with the first month during all of which such 

25 individual is under a disability and in which such indi26 vidual would become so entitled to such insurance benefits 


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1 under such sentence but for such waiting period, and end2 ing as provided in paragraph (1). For purposes of this 

3 paragraph, an individual is considered to be ‘terminally 

4 ill’ if the individual has a medical prognosis that the indi5 vidual’s life expectancy is 6 months or less.’’. 

6 (b) WIDOW’S INSURANCE BENEFITS BASED ON DIS7 ABILITY.—Section 202(e)(5) of such Act (42 U.S.C. 

8 402(e)(5)) is amended by adding at the end the following 

9 new subparagraph: 

10 ‘‘(C) The Commissioner of Social Security may waive 

11 the application of the individual’s waiting period under 

12 paragraph (1)(F)(i) if the Commissioner determines that 

13 she would otherwise be entitled to widow’s insurance bene14 fits under this section, that she is terminally ill, and that 

15 such application of the waiting period would work an 

16 undue hardship on her (as determined on the basis of cri17 teria established by the Commissioner). In the case of any 

18 such waiver granted by the Commissioner with respect to 

19 an individual, notwithstanding clauses (i) and (ii) of para20 graph (1)(F), she shall be entitled to widow’s insurance 

21 benefits for each month, beginning with the first month 

22 during all of which she is under a disability and in which 

23 she would become so entitled to such insurance benefits 

24 under paragraph (1) but for such waiting period, and end25 ing as provided in paragraph (1). For purposes of this 


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1 subparagraph, an individual is considered to be ‘terminally 

2 ill’ if the individual has a medical prognosis that the indi3 vidual’s life expectancy is 6 months or less.’’. 

4 (c) WIDOWER’S INSURANCE BENEFITS BASED ON

5 DISABILITY.—Section 202(f)(6) of such Act (42 U.S.C. 

6 402(f)(6)) is amended by adding at the end the following 

7 new subparagraph: 

8 ‘‘(C) The Commissioner of Social Security may waive 

9 the application of the individual’s waiting period under 

10 paragraph (1)(F)(i) if the Commissioner determines that 

11 he would otherwise be entitled to widower’s insurance ben12 efits under this section, that he is terminally ill, and that 

13 such application would work an undue hardship on him 

14 (as determined on the basis of criteria established by the 

15 Commissioner). In the case of any such waiver granted 

16 by the Commissioner with respect to an individual, not17 withstanding clauses (i) and (ii) of paragraph (1)(F), he 

18 shall be entitled to widower’s insurance benefits for each 

19 month, beginning with the first month during all of which 

20 he is under a disability and in which he would become 

21 so entitled to such insurance benefits under paragraph (1) 

22 but for such waiting period, and ending as provided in 

23 paragraph (1). For purposes of this subparagraph, an in24 dividual is considered to be ‘terminally ill’ if the individual 


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1 has a medical prognosis that the individual’s life expect2 ancy is 6 months or less.’’. 

3 (d) COMMENCEMENT OF PERIOD OF DISABILITY.— 

4 Section 216(i)(2)(A) of such Act (42 U.S.C. 416(i)(2)(A)) 

5 is amended— 

6 (1) by inserting ‘‘(i)’’ after ‘‘(2)(A)’’; 

7 (2) by inserting ‘‘(I)’’ after ‘‘but only if’’; 

8 (3) by inserting ‘‘(II)’’ after ‘‘duration or’’; and 

9 (4) by adding at the end the following new 

10 clause: 

11 ‘‘(ii) The Commissioner of Social Security may waive 

12 the application of the five-month requirement under clause 

13 (i)(I) if the Commissioner determines that such individual 

14 would otherwise be entitled to a period of disability under 

15 this paragraph, that such individual is terminally ill, and 

16 that the application of such five-month requirement would 

17 work an undue hardship on such individual (as determined 

18 on the basis of criteria established by the Commissioner). 

19 For purposes of this clause, an individual is considered 

20 to be ‘terminally ill’ if the individual has a medical prog21 nosis that the individual’s life expectancy is 6 months or 

22 less.’’. 

23 (e) EFFECTIVE DATES.—The amendments made by 

24 subsection (a) shall apply only with respect to benefits 

25 under section 223 of the Social Security Act, or under secVerDate Aug 31 2005 03:31 Jun 20, 2007 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2713.IH H2713

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1 tion 202 of such Act on the basis of the wages and self2 employment income of an individual entitled to benefits 

3 under such section 223, for months beginning after 90 

4 days after the date of the enactment of this Act. The 

5 amendments made by subsections (b) and (c) shall apply 

6 only with respect to benefits based on disability under sub7 section (e) or (f) of section 202 of the Social Security Act 

8 for months after 90 days after the date of the enactment 

9 of this Act. The amendments made by subsection (d) shall 

10 apply only with respect to applications for disability deter11 minations filed under title II of the Social Security Act 

12 after 90 days after the date of the enactment of this Act. 

13 SEC. 3. STUDY REGARDING DISABILITY CLAIMS PROC14 ESSING. 

15 (a) IN GENERAL.—As soon as practicable after the 

16 date of the enactment of this Act, the Commissioner of 

17 Social Security shall undertake a study regarding the 

18 processing of claims for disability insurance benefits under 

19 section 223 of the Social Security Act, other benefits 

20 based on disability under section 202 of such Act, periods 

21 of disability under section 216(i) of such Act, and supple22 mental security income benefits based on disability under 

23 title XVI of such Act. 


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1 (b) MATTERS TO BE STUDIED.—In carrying out the 

2 study required under subsection (a), the Commissioner 

3 shall— 

4 (1) analyze the methods and procedures cur5 rently employed in making determinations regarding 

6 claims described in subsection (a), including methods 

7 and procedures employed by State agencies and the 

8 Social Security Administration under section 221 of 

9 such Act, and 

10 (2) compare such methods and procedures to 

11 the methods and procedures currently employed by 

12 other Federal and State agencies and disability ben13 efit providers in the private sector regarding claims 

14 for disability benefits under programs administered 

15 by such agencies and providers. 

16 (c) REPORT.—Not later than 120 days after the date 

17 of the enactment of this Act, the Commissioner shall re18 port to the Committee on Ways and Means of the House 

19 of Representatives and the Committee on Finance of the 

20 Senate the Commissioner’s recommendations regarding 

21 possible improvements in the methods and procedures re22 ferred to in subsection (b)(1) (including methods and pro23 cedures that would expedite the disability determination 

24 process as a means of remedying the current backlog in 

25 the processing of claims described in subsection (a)) based 


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1 on the comparisons made pursuant to subsection (b)(2), 

2 together with such recommendations for legislative 

3 changes as the Commissioner may consider necessary or 

4 appropriate to facilitate such improvements. 

Æ 


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