I

104TH CONGRESS

1ST SESSION H. R. 1665

To amend the Social Security Act to provide for findings of presumptive

disability under title II of such Act in the same manner and to the

same extent as is currently applicable under title XVI of such Act.

IN THE HOUSE OF REPRESENTATIVES

MAY 17, 1995

Mr. STARK introduced the following bill; which was referred to the Committee

on Ways and Means, and in addition to the Committee on Commerce,

for a period to be subsequently determined by the Speaker, in each case

for consideration of such provisions as fall within the jurisdiction of the

committee concerned

A BILL

To amend the Social Security Act to provide for findings

of presumptive disability under title II of such Act in

the same manner and to the same extent as is currently

applicable under title XVI of such Act.

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. FINDINGS OF PRESUMPTIVE DISABILITY

2 UNDER TITLE II OF THE SOCIAL SECURITY

3 ACT.

4 (a) IN GENERAL.—Section 221 of the Social Security

5 Act (42 U.S.C. 421) is amended by adding at the end the

6 following new subsection:

7 ‘‘PRESUMPTIVE DISABILITY

8 ‘‘(m)(1) The Secretary shall provide by regulation for

9 findings of whether an individual applying for benefits

10 under section 223 or benefits based on such individual’s

11 disability under section 202 is presumptively disabled.

12 Such findings shall be made in the same manner and

13 under the same disability standards as apply in finding

14 whether an individual applying for benefits under title

15 XVI is presumptively disabled under such title.

16 ‘‘(2) If an individual applying for benefits under sec17 tion 223 or benefits based on such individual’s disability

18 under section 202 is found to be presumptively disabled

19 under the regulations prescribed pursuant to paragraph

20 (1) and is determined to meet the requirements for entitle21 ment to such benefits other than the requirement that the

22 individual be under a disability, the Secretary shall pay

23 such benefits to such individual for each month during the

24 period—

25 ‘‘(A) beginning with the later of—
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1 ‘‘(i) the month in which the finding of pre2 sumptive disability is made, or

3 ‘‘(ii) the first month after the expiration of

4 the applicable waiting period (as defined in sec5 tion 223(c)(2), 202(e)(5)(A), or 202(f)(6)(A),

6 as applicable, as if the reference therein to ‘dis7 ability’ were a reference to ‘presumptive disabil8 ity’), and

9 ‘‘(B) ending with the earlier of—

10 ‘‘(i) the last month before the date of a de11 termination of whether the individual is dis12 abled, or

13 ‘‘(ii) the last month of the 6-month period

14 beginning with the month described in subpara15 graph (A).

16 ‘‘(3) An individual to whom a disability insurance

17 benefit is payable under paragraph (2) for any month shall

18 be treated as entitled to such benefit for such month for

19 purposes of determining entitlement of other persons to

20 benefits for such month under section 202 based on such

21 individual’s entitlement to such benefit.

22 ‘‘(4) Any benefits paid to an individual under this

23 subsection for months prior to the determination of wheth24 er such individual is disabled, and benefits paid to another

25 person on the basis of the treatment of such individual
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1 as entitled to disability insurance benefits under para2 graph (3), shall in no event be considered overpayments

3 for purposes of section 204 solely because such individual

4 is determined not to be disabled.

5 ‘‘(5)(A) Subject to subparagraph (B), a benefit shall

6 not be payable to any individual under this subsection or

7 section 1631(a)(4)(B) if such individual has been paid

8 benefits based on the presumptive disability or presump9 tive blindness of such individual for 6 months (irrespective

10 of whether the prior payments were made pursuant to this

11 subsection, section 1631(a)(4)(B), or any combination

12 thereof).

13 ‘‘(B) For purposes of subparagraph (A), any benefits

14 paid under this subsection or section 1631(a)(4)(B) in

15 connection with a prior disability or blindness of such indi16 vidual shall be disregarded.’’.

17 (b) DETERMINATIONS OF MEDICAID ELIGIBILITY.—

18 Section 1634 of such Act (42 U.S.C. 1383c) is amended

19 by adding at the end the following new subsection:

20 ‘‘(e)(1) Any individual who receives a benefit under

21 title II in any month on the basis of presumptive disability

22 pursuant to section 221(m) shall be deemed for purposes

23 of title XIX to be a recipient of a benefit under this title

24 in such month in any case in which he or she would be

25 eligible for such benefit under this title in such month if
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1 the amount of such benefit under title II received in such

2 month were disregarded.

3 ‘‘(2) For purposes of paragraph (1), the term ‘benefit

4 under this title’ means a supplemental security income

5 benefit under this title, a State supplemental payment of

6 the type referred to in section 1616(a), and a payment

7 of the type described in section 212(a) of Public Law 93–

8 66.’’.

9 SEC. 2. EFFECTIVE DATE.

10 The amendments made by this Act shall apply with

11 respect to applications for benefits under title II of the

12 Social Security Act filed after the 180-day period following

13 the date of the enactment of this Act and may, at the

14 discretion of the Secretary of Health and Human Services,

15 apply to applications filed during such period.

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