I

103D CONGRESS

1ST SESSION H. R. 1424

To amend titles II and XVIII of the Social Security Act to eliminate the

5-month waiting period required in order for an individual to be eligible

for benefits based on disability or for the disability freeze and to eliminate the 24-month waiting period for disabled individuals to become

eligible for medicare benefits.

IN THE HOUSE OF REPRESENTATIVES

MARCH 18, 1993

Mr. FRANK of Massachusetts introduced the following bill; which was referred

jointly to the Committees on Ways and Means and Energy and Commerce

A BILL

To amend titles II and XVIII of the Social Security Act

to eliminate the 5-month waiting period required in order

for an individual to be eligible for benefits based on

disability or for the disability freeze and to eliminate

the 24-month waiting period for disabled individuals to

become eligible for medicare benefits.

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 ‘‘Social Security Disabil5 ity Waiting Period Elimination Act of 1993’’.
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1 SEC. 2. ELIMINATION OF 5-MONTH WAITING PERIOD FOR

2 BENEFITS BASED ON DISABILITY.

3 (a) DISABILITY INSURANCE BENEFITS.—

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

5 223(a)(1) of the Social Security Act is amended by

6 striking ‘‘(i) for each month’’ and all that follows

7 through ‘‘the first month in which he is under such

8 disability’’ and inserting the following: ‘‘for each

9 month beginning with the first month during all of

10 which such individual is under a disability and in

11 which such individual becomes so entitled to such in12 surance benefits’’.

13 (2) WAITING PERIOD ELIMINATED FROM DE14 TERMINATION OF BENEFIT AMOUNT.—

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

16 section 223(a)(2) of such Act is amended by

17 striking ‘‘in—’’ and all that follows through

18 ‘‘and as though’’ and inserting the following:

19 ‘‘in the first month for which such individual

20 becomes entitled to such disability insurance

21 benefits, and as though’’.

22 (B) CONFORMING AMENDMENT.—The sec23 ond sentence of section 223(a)(2) of such Act

24 is amended by striking ‘‘subparagraph (A) or

25 (B) of such sentence, as the case may be’’ and

26 inserting ‘‘such sentence’’.
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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 is amended to read as follows:

7 ‘‘DEFINITION OF INSURED STATUS’’.

8 (ii) Section 223(c)(1) of such Act is

9 amended by striking ‘‘For purposes of sub10 paragraph (B) of this paragraph, when the

11 number of quarters’’ in the last sentence

12 and inserting the following:

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

14 number of quarters’’.

15 (b) WIDOW’S INSURANCE BENEFITS BASED ON

16 DISABILITY.—

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

18 Act is amended to read as follows:

19 ‘‘(F) if she satisfies subparagraph (B) by rea20 son of clause (ii) thereof, the first month during all

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

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

23 (2) ELIMINATION OF DEFINED TERM.—Section

24 202(e) of such Act is amended—

25 (A) by striking paragraph (5); and
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1 (B) by redesignating paragraphs (6), (7),

2 (8), and (9) as paragraphs (5), (6), (7), and

3 (8), respectively.

4 (c) WIDOWER’S INSURANCE BENEFITS BASED ON

5 DISABILITY.—

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

7 Act is amended to read as follows:

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

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

10 which he is under a disability and in which he be11 comes so entitled to such insurance benefits,’’.

12 (2) ELIMINATION OF DEFINED TERM.—Section

13 202(f) of such Act is amended—

14 (A) by striking paragraph (6); and

15 (B) by redesignating paragraphs (7), (8),

16 and (9) as paragraphs (6), (7), and (8), respec17 tively.

18 SEC. 3. ELIMINATION OF WAITING PERIOD FOR COM19 MENCEMENT OF PERIODS OF DISABILITY.

20 Section 216(i)(2)(A) of the Social Security Act is

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

22 inserting a period.
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1 SEC. 4. ELIMINATION OF WAITING PERIOD FOR MEDICARE

2 DISABILITY BENEFITS.

3 (a) IN GENERAL.—Section 226(b) of the Social Secu4 rity Act is amended—

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

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

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

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

9 (3) in paragraph (2)(C)(ii), by striking ‘‘, in10 cluding the requirement that he has been entitled to

11 the specified benefits for 24 months,’’;

12 (4) in the first sentence, by striking ‘‘for each

13 month beginning with the later of (I) July 1973 or

14 (II) the twenty-fifth month of his entitlement or sta15 tus as a qualified railroad retirement beneficiary de16 scribed in paragraph (2), and’’ and inserting ‘‘for

17 each month for which he satisfies paragraph (2), be18 ginning with the first month in which he satisfies

19 such paragraph, and’’;

20 (5) in the second sentence, by striking ‘‘the

21 ‘‘twenty-fifth month’’ and all that follows through

22 ‘‘paragraph (2)(C) and’’; and

23 (6) in the third sentence, by striking ‘‘, but not

24 in excess of 24 such months’’.

25 (b) CONFORMING AMENDMENT.—
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1 (1) SECTION 226.—Section 226 of the Social

2 Security Act is amended by striking subsection (f).

3 (2) MEDICARE DESCRIPTION.—Section 1811(2)

4 of such Act is amended by striking ‘‘have been enti5 tled for not less than 24 months’’ and inserting ‘‘are

6 entitled’’.

7 (3) MEDICARE COVERAGE.—Section 1837(g)(1)

8 of such Act is amended by striking ‘‘25th month’’

9 and inserting ‘‘first month’’.

10 (4) RAILROAD RETIREMENT SYSTEM.—Section

11 7(d)(2)(ii) of the Railroad Retirement Act of 1974

12 is amended—

13 (A) by striking ‘‘has been entitled to an

14 annuity’’ and inserting ‘‘is entitled to an annu15 ity’’;

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

17 months’’; and

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

19 for 24 calendar months, and’’.

20 SEC. 5. EFFECTIVE DATES.

21 (a) SECTION 2.—The amendments made by sub22 section (a) of section 2 of this Act shall apply only with

23 respect to benefits under section 223 of the Social Security

24 Act, or under section 202 of such Act on the basis of the

25 wages and self-employment income of an individual enti-
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1 tled to benefits under such section 223, for months after

2 the third month following the month in which this Act is

3 enacted. The amendments made by subsections (b) and

4 (c) of section 2 of this Act shall apply only with respect

5 to benefits based on disability under section 202 (e) or

6 (f) of the Social Security Act for months after the third

7 month following the month in which this Act is enacted.

8 (b) SECTION 3.—The amendment made by section 3

9 of this Act shall apply only with respect to applications

10 for disability determinations filed under title II of the So11 cial Security Act on or after the 90th day following the

12 date of the enactment of this Act.

13 (c) SECTION 4.—The amendments made by section

14 4 shall apply to insurance benefits under title XVIII of

15 the Social Security Act with respect to items and services

16 furnished in months beginning at least 90 days after the

17 date of the enactment of this Act.

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