I 

111TH CONGRESS 

2D SESSION H. R. 6002 

To amend title II of the Social Security Act to provide that the waiting 

period for disability insurance benefits shall not be applicable in the 

case of a disabled individual suffering from a terminal illness. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 30, 2010 

Mr. COSTELLO 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 provide 

that the waiting period for disability insurance benefits 

shall not be applicable in the case of a disabled individual 

suffering from 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 ‘‘Terminally Ill Dis5 ability Beneficiary Act of 2009’’. 


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1 SEC. 2. EXCEPTION FROM WAITING PERIOD FOR DIS2 ABILITY INSURANCE BENEFITS OF INDIVID3 UALS SUFFERING FROM TERMINAL ILLNESS. 

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

5 223(a)(1) of the Social Security Act (42 U.S.C. 423(a)(1)) 

6 is amended, in clause (ii) thereof in the matter following 

7 subparagraph (E)— 

8 (1) by inserting ‘‘(I)’’ after ‘‘but only’’; and 

9 (2) by inserting ‘‘or (II) if he has a terminal ill10 ness (as defined in paragraph (3)) and his applica11 tion for such benefits is filed during his waiting pe12 riod (as so defined) which would otherwise be appli13 cable under clause (i),’’ after ‘‘the first month in 

14 which he is under such disability,’’. 

15 (b) DEFINITION OF TERMINAL ILLNESS.—Section 

16 223(a) of such Act is amended further by adding at the 

17 end the following new paragraph: 

18 ‘‘(3) As used in this subsection, the term ‘terminal 

19 illness’ means, in the case of any individual, a medically 

20 determinable physical impairment which is expected to re21 sult in the death of such individual— 

22 ‘‘(A) within the next 6 months, or 

23 ‘‘(B) in the case of such an impairment which 

24 consists of a burn injury, within the next 12 

25 months.’’. 


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1 (c) CONFORMING AMENDMENTS RELATING TO RET2 ROACTIVE BENEFITS.—Section 223(b) of such Act (42 

3 U.S.C. 423(b)) is amended— 

4 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; 

5 (2) by striking ‘‘An individual’’ and inserting 

6 the following: 

7 ‘‘(2)(A) An individual’’; and 

8 (3) by adding at the end the following new sub9 paragraph: 

10 ‘‘(B) In any case in which the application for benefits 

11 under this section is filed during a waiting period (as de12 fined in subsection (c)(2)) which is inapplicable solely by 

13 reason of clause (ii)(II) of subsection (a)(1), subparagraph 

14 (A) shall not apply with respect to benefits for months 

15 in such waiting period.’’. 

16 SEC. 3. EFFECTIVE DATE. 

17 The amendments made by this Act shall apply with 

18 respect to benefits based on applications filed on or after 

19 the date of the enactment of this Act and benefits based 

20 on applications filed during a waiting period (as defined 

21 in section 223(c)(2) of the Social Security Act) in connec22 tion with such benefits ending after such date. 

Æ 


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