II 

113TH CONGRESS 

1ST SESSION S. 1311 

To provide for phased-in payment of Social Security Disability Insurance 

payments during the waiting period for individuals with a terminal illness. 

IN THE SENATE OF THE UNITED STATES 

JULY 17, 2013 

Mr. BARRASSO (for himself, Mr. ENZI, and Mr. BROWN) introduced the 

following bill; which was read twice and referred to the Committee on Finance 

A BILL 

To provide for phased-in payment of Social Security Disability Insurance payments during the waiting period 

for individuals with a terminal illness. 

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 ‘‘Expedited Disability 

5 Insurance Payments for Terminally Ill Individuals Act of 

6 2013’’. 


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1 SEC. 2. PHASED-IN PAYMENT OF SSDI BENEFITS DURING 

2 THE WAITING PERIOD FOR THE TERMINALLY 

3 ILL. 

4 (a) IN GENERAL.—Section 223 of the Social Security 

5 Act (42 U.S.C. 423) is amended— 

6 (1) in subsection (a)— 

7 (A) in paragraph (1), in the matter fol8 lowing subparagraph (E), by striking ‘‘or (ii)’’ 

9 and inserting ‘‘(ii) subject to paragraph (2)(B), 

10 for each month beginning with the first month 

11 during all of which the individual is determined 

12 under subparagraph (D) of subsection (d)(2) to 

13 be under a disability and in which he becomes 

14 so entitled to such insurance benefits, or (iii)’’; 

15 (B) in paragraph (2)— 

16 (i) in subparagraph (A), by striking 

17 ‘‘or’’ at the end; 

18 (ii) by redesignating subparagraph 

19 (B) as subparagraph (C); 

20 (iii) in subparagraph (C), as so redes21 ignated, by striking ‘‘(ii)’’ and inserting 

22 ‘‘(iii)’’; and 

23 (iv) by inserting after subparagraph 

24 (A) the following new subparagraph: 

25 ‘‘(B) in any case in which clause (ii) of para26 graph (1) of this subsection is applicable, the first 


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1 month for which the individual becomes entitled to 

2 such disability insurance benefits, subject to the 

3 phase-in percentage period described in paragraph 

4 (3)(A), or’’; and 

5 (C) by adding at the end the following new 

6 paragraph: 

7 ‘‘(3)(A) For purposes of paragraph (2)(B), in any 

8 case in which clause (ii) of paragraph (1) of this sub9 section is applicable, an individual’s disability insurance 

10 benefit for the earliest period of 2 consecutive calendar 

11 months throughout which the individual has been entitled 

12 to such insurance benefits shall be equal to the product 

13 of the benefit amount determined under paragraph (2)(B) 

14 (as determined before application of this paragraph) 

15 and— 

16 ‘‘(i) for the first calendar month, 50 percent; 

17 and 

18 ‘‘(ii) for the second calendar month, 75 percent. 

19 ‘‘(B) If an individual who has been determined under 

20 subparagraph (D) of subsection (d)(2) to be under a dis21 ability has been entitled to a disability insurance benefit 

22 on such basis for 12 consecutive calendar months, the in23 dividual’s disability insurance benefit for any month dur24 ing the subsequent period of 12 consecutive calendar 

25 months shall be equal to— 


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1 ‘‘(i) the benefit amount determined under para2 graph (2)(B) (as determined before application of 

3 subparagraph (A)); minus 

4 ‘‘(ii) the quotient obtained by dividing the total 

5 amount of disability insurance benefits provided to 

6 the individual during the earliest period of five con7 secutive calendar months for which the individual 

8 was entitled to such benefits on such basis by 12. 

9 ‘‘(C) If an individual who has been determined under 

10 subparagraph (D) of subsection (d)(2) to be under a dis11 ability has been entitled to a disability insurance benefit 

12 on such basis for 24 consecutive calendar months, the in13 dividual’s disability insurance benefit for any subsequent 

14 month shall be equal to 95 percent of the benefit amount 

15 determined under paragraph (2)(B) (as determined before 

16 application of subparagraphs (A) and (B)).’’; and 

17 (2) in subsection (d)(2), by adding at the end 

18 the following: 

19 ‘‘(D) For purposes of clause (ii) of paragraph 

20 (1) of subsection (a), an individual shall be deter21 mined to be under a disability upon submission of a 

22 diagnosis of a terminal illness (as defined in section 

23 1861(dd)(3)(A)) that has been certified by not less 

24 than 2 physicians (as defined in section 1861(r)(1)) 

25 who are not related (as defined in section 267(c)(4) 


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1 of the Internal Revenue Code) and are not in the 

2 same physician group practice.’’. 

3 (b) REPORT TO CONGRESS.—Not later than 12 

4 months after the date of the enactment of this Act, and 

5 each year thereafter, the Commissioner of the Social Secu6 rity Administration, in coordination with the Inspector 

7 General of the Social Security Administration, shall sub8 mit to the relevant committees of Congress a report that 

9 evaluates the provision of disability insurance benefits to 

10 terminally ill individuals, including— 

11 (1) the total number of individuals who— 

12 (A) filed applications for disability insur13 ance benefits (as determined under section 

14 223(a)(3) of the Social Security Act) based on 

15 a diagnosis of a terminal illness; 

16 (B) receive such benefits; 

17 (C) die within 6 months of first receiving 

18 such benefits; 

19 (D) die within 12 months of first receiving 

20 such benefits; 

21 (E) receive such benefits during the period 

22 described in section 223(a)(3)(B) of the Social 

23 Security Act; and 


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1 (F) receive such benefits during the period 

2 described in section 223(a)(3)(C) of the Social 

3 Security Act; 

4 (2) the total amount expended, including re5 lated administrative expenses, for the provision of 

6 disability insurance benefits under section 223(a)(3) 

7 of the Social Security Act to individuals diagnosed 

8 with a terminal illness; and 

9 (3) recommendations for such legislation and 

10 administrative actions as are determined appropriate 

11 for preventing fraud, waste, and abuse related to 

12 such benefits. 

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

14 this section shall apply to benefits payable for months be15 ginning after December 31, 2013. 

Æ 


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