I 

111TH CONGRESS 

1ST SESSION H. R. 2263 

To amend title II of the Social Security Act to eliminate the waiting periods 

for people with disabilities for entitlement to disability benefits and 

Medicare, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 5, 2009 

Ms. SUTTON 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 eliminate 

the waiting periods for people with disabilities for entitlement to disability benefits and Medicare, and for other 

purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Disability Equity Act’’. 

5 SEC. 2. ELIMINATION OF 5-MONTH WAITING PERIOD FOR 

6 BENEFITS BASED ON DISABILITY. 

7 (a) DISABILITY INSURANCE BENEFITS.— 


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1 (1) IN GENERAL.—The first sentence of section 

2 223(a)(1) of the Social Security Act (42 U.S.C. 

3 423(a)(1)) is amended by striking ‘‘(i) for each 

4 month’’ and all that follows through ‘‘the first 

5 month in which he is under such disability’’ and in6 serting the following: ‘‘for each month beginning 

7 with the first month during all of which such indi8 vidual is under a disability and in which such indi9 vidual becomes so entitled to such insurance bene10 fits’’. 

11 (2) WAITING PERIOD ELIMINATED FROM DE12 TERMINATION OF BENEFIT AMOUNT.— 

13 (A) IN GENERAL.—The first sentence of 

14 section 223(a)(2) of such Act (42 U.S.C. 

15 423(a)(2)) is amended by striking ‘‘in—’’ and 

16 all that follows through ‘‘and as though’’ and 

17 inserting the following: ‘‘in the first month for 

18 which such individual becomes entitled to such 

19 disability insurance benefits, and as though’’. 

20 (B) CONFORMING AMENDMENT.—The sec21 ond sentence of section 223(a)(2) of such Act 

22 (42 U.S.C. 423(a)(2)) is amended by striking 

23 ‘‘subparagraph (A) or (B) of such sentence, as 

24 the case may be’’ and inserting ‘‘such sen25 tence’’. 


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1 (3) ELIMINATION OF DEFINED TERM.— 

2 (A) IN GENERAL.—Section 223(c)(2) of 

3 such Act is repealed. 

4 (B) CONFORMING AMENDMENTS.— 

5 (i) The heading of section 223(c) of 

6 such Act (42 U.S.C. 423(c)) is amended to 

7 read as follows: ‘‘Definition of Insured Sta8 tus’’. 

9 (ii) Section 223(c)(1) of such Act (42 

10 U.S.C. 423(c)(1)) is amended by striking 

11 ‘‘For purposes of subparagraph (B) of this 

12 paragraph, when the number of quarters’’ 

13 in the last sentence and inserting the fol14 lowing: 

15 ‘‘(2) In applying paragraph (1)(B), when the 

16 number of quarters’’. 

17 (b) WIDOW’S INSURANCE BENEFITS BASED ON DIS18 ABILITY.— 

19 (1) IN GENERAL.—Section 202(e)(1)(F) of such 

20 Act (42 U.S.C. 402(e)(1)(F)) is amended to read as 

21 follows: 

22 ‘‘(F) if she satisfies subparagraph (B) by rea23 son of clause (ii) thereof, the first month during all 

24 of which she is under a disability and in which she 

25 becomes so entitled to such insurance benefits,’’. 


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1 (2) ELIMINATION OF DEFINED TERM.—Section 

2 202(e) of such Act (42 U.S.C. 402(e)) is amended— 

3 (A) by striking paragraph (5); and 

4 (B) by redesignating paragraphs (6), (7), 

5 and (8) as paragraphs (5), (6), and (7), respec6 tively. 

7 (c) WIDOWER’S INSURANCE BENEFITS BASED ON

8 DISABILITY.— 

9 (1) IN GENERAL.—Section 202(f)(1)(F) of such 

10 Act (42 U.S.C. 402(f)(1)(F)) is amended to read as 

11 follows: 

12 ‘‘(F) if he satisfies subparagraph (B) by reason 

13 of clause (ii) thereof, the first month during all of 

14 which he is under a disability and in which he be15 comes so entitled to such insurance benefits,’’. 

16 (2) ELIMINATION OF DEFINED TERM.—Section 

17 202(f) of such Act (42 U.S.C. 402(f)) is amended— 

18 (A) by striking paragraph (5); and 

19 (B) by redesignating paragraphs (6), (7), 

20 and (8) as paragraphs (5), (6), and (7), respec21 tively. 

22 (d) ELIMINATION OF WAITING PERIOD FOR COM23 MENCEMENT OF PERIODS OF DISABILITY.—Section 

24 216(i)(2)(A) of such Act (42 U.S.C. 416(i)(2)(A)) is 


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1 amended by striking ‘‘, but only’’ and all that follows and 

2 inserting a period. 

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

4 subsection (a) shall apply with respect to benefits under 

5 section 223 of the Social Security Act, or under section 

6 202 of such Act on the basis of the wages and self-employ7 ment income of an individual entitled to benefits under 

8 such section 223, for months following the month in which 

9 this Act is enacted. The amendments made by subsections 

10 (b) and (c) shall apply with respect to benefits based on 

11 disability under subsection (e) or (f) of section 202 of the 

12 Social Security Act (42 U.S.C. 402) for months following 

13 the month in which this Act is enacted. The amendment 

14 made by subsection (d) shall apply only with respect to 

15 applications for disability determinations filed under title 

16 II of the Social Security Act on or after the date of the 

17 enactment of this Act. 

18 SEC. 3. ELIMINATION OF WAITING PERIOD FOR MEDICARE 

19 DISABILITY BENEFITS. 

20 (a) IN GENERAL.—Section 226(b) of the Social Secu21 rity Act (42 U.S.C. 426(b)) is amended— 

22 (1) in paragraph (2)(A), by striking ‘‘, and has 

23 for 24 calendar months been entitled to,’’; 

24 (2) in paragraph (2)(B), by striking ‘‘, and has 

25 been for not less than 24 months,’’; 


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1 (3) in paragraph (2)(C)(ii), by striking ‘‘, in2 cluding the requirement that he has been entitled to 

3 the specified benefits for 24 months,’’; and 

4 (4) in the flush matter following paragraph 

5 (2)(C)(ii)(II)— 

6 (A) in the matter before the first complete 

7 sentence, by striking ‘‘for each month beginning 

8 with the later of (I) July 1973 or (II) the twen9 ty-fifth month of his’’ and inserting ‘‘for each 

10 month beginning with the first month of the in11 dividual’s’’; 

12 (B) in the first complete sentence, by strik13 ing ‘‘the ‘twenty-fifth month of his entitlement’ 

14 refers to the first month after the twenty-fourth 

15 month of entitlement to specified benefits re16 ferred to in paragraph (2)(C) and’’ and insert17 ing ‘‘the ‘first month of the individual’s entitle18 ment’ refers to the first month of entitlement to 

19 specified benefits referred to in paragraph 

20 (2)(C) and’’; and 

21 (C) in the second complete sentence, by 

22 striking ‘‘, but not in excess of 78 such 

23 months’’. 

24 (b) CONFORMING AMENDMENTS.— 


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1 (1) Subsections (f) and (h) of section 226 of 

2 the Social Security Act (42 U.S.C. 426) are re3 pealed. 

4 (2) Section 1811(2) of such Act (42 U.S.C. 

5 1395c(2)) is amended by striking ‘‘who have been 

6 entitled for not less than 24 months’’ and inserting 

7 ‘‘who are entitled’’. 

8 (3) Section 1837(g)(1) of such Act (42 U.S.C. 

9 1395p(g)(1)) is amended by striking ‘‘of the later of 

10 (A) April 1973 or (B) the third month before the 

11 25th month of such entitlement’’ and inserting ‘‘of 

12 the first month of such entitlement’’. 

13 (4) Section 7(d)(2)(ii) of the Railroad Retire14 ment Act of 1974 (45 U.S.C. 231f(d)(2)(ii)) is 

15 amended— 

16 (A) by striking ‘‘, for not less than 24 

17 months’’; and 

18 (B) by striking ‘‘could have been entitled 

19 for 24 calendar months, and could currently be 

20 entitled,’’ and inserting ‘‘could currently be en21 titled’’. 

22 (c) EFFECTIVE DATE.—The amendments made by 

23 this section shall apply to insurance benefits under title 

24 XVIII of the Social Security Act with respect to items and 


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1 services furnished in months beginning after the date of 

2 the enactment of this Act. 

Æ 


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