I 

110TH CONGRESS 

2D SESSION H. R. 5812 

To amend title II of the Social Security Act to authorize waivers by the 

Commissioner of Social Security of the 5-month waiting period for entitlement to benefits based on disability in cases in which the Commissioner 

determines that such waiting period would cause undue hardship to 

terminally ill beneficiaries. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 15, 2008 

Mr. YOUNG of Alaska (for himself, Mr. PAUL, and Mr. CANTOR) 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 authorize 

waivers by the Commissioner of Social Security of the 

5-month waiting period for entitlement to benefits based 

on disability in cases in which the Commissioner determines that such waiting period would cause undue hardship to terminally ill beneficiaries. 

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 ‘‘Robert James Act of 

5 2008’’. 


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1 SEC. 2. WAIVER OF 5-MONTH WAITING PERIOD FOR BENE2 FITS BASED ON DISABILITY IN CASES OF TER3 MINALLY ILL BENEFICIARIES. 

4 (a) DISABILITY INSURANCE BENEFITS.—Section 

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

6 amended by adding at the end the following new para7 graph: 

8 ‘‘(3) The Commissioner of Social Security may waive 

9 the application of the individual’s waiting period under 

10 clause (i) in the first sentence of paragraph (1) if the 

11 Commissioner determines that such individual would oth12 erwise be entitled to disability insurance benefits under 

13 this section, that such individual is terminally ill, and that 

14 the application of the waiting period would work an undue 

15 hardship on such individual (as determined on the basis 

16 of criteria established by the Commissioner). In the case 

17 of any such waiver granted by the Commissioner with re18 spect to an individual, notwithstanding clauses (i) and (ii) 

19 in the first sentence of paragraph (1), the individual shall 

20 be entitled to disability insurance benefits for each month, 

21 beginning with the first month during all of which such 

22 individual is under a disability and in which such indi23 vidual would become so entitled to such insurance benefits 

24 under such sentence but for such waiting period, and end25 ing as provided in paragraph (1). For purposes of this 

26 paragraph, an individual is considered to be ‘terminally 


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1 ill’ if the individual has a medical prognosis that the indi2 vidual’s life expectancy is 6 months or less.’’. 

3 (b) WIDOW’S INSURANCE BENEFITS BASED ON DIS4 ABILITY.—Section 202(e)(5) of such Act (42 U.S.C. 

5 402(e)(5)) is amended by adding at the end the following 

6 new subparagraph: 

7 ‘‘(C) The Commissioner of Social Security may waive 

8 the application of the individual’s waiting period under 

9 paragraph (1)(F)(i) if the Commissioner determines that 

10 she would otherwise be entitled to widow’s insurance bene11 fits under this section, that she is terminally ill, and that 

12 such application of the waiting period would work an 

13 undue hardship on her (as determined on the basis of cri14 teria established by the Commissioner). In the case of any 

15 such waiver granted by the Commissioner with respect to 

16 an individual, notwithstanding clauses (i) and (ii) of para17 graph (1)(F), she shall be entitled to widow’s insurance 

18 benefits for each month, beginning with the first month 

19 during all of which she is under a disability and in which 

20 she would become so entitled to such insurance benefits 

21 under paragraph (1) but for such waiting period, and end22 ing as provided in paragraph (1). For purposes of this 

23 subparagraph, an individual is considered to be ‘terminally 

24 ill’ if the individual has a medical prognosis that the indi25 vidual’s life expectancy is 6 months or less.’’. 


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1 (c) WIDOWER’S INSURANCE BENEFITS BASED ON

2 DISABILITY.—Section 202(f)(5) of such Act (42 U.S.C. 

3 402(f)(5)) is amended by adding at the end the following 

4 new subparagraph: 

5 ‘‘(C) The Commissioner of Social Security may waive 

6 the application of the individual’s waiting period under 

7 paragraph (1)(F)(i) if the Commissioner determines that 

8 he would otherwise be entitled to widower’s insurance ben9 efits under this section, that he is terminally ill, and that 

10 such application would work an undue hardship on him 

11 (as determined on the basis of criteria established by the 

12 Commissioner). In the case of any such waiver granted 

13 by the Commissioner with respect to an individual, not14 withstanding clauses (i) and (ii) of paragraph (1)(F), he 

15 shall be entitled to widower’s insurance benefits for each 

16 month, beginning with the first month during all of which 

17 he is under a disability and in which he would become 

18 so entitled to such insurance benefits under paragraph (1) 

19 but for such waiting period, and ending as provided in 

20 paragraph (1). For purposes of this subparagraph, an in21 dividual is considered to be ‘terminally ill’ if the individual 

22 has a medical prognosis that the individual’s life expect23 ancy is 6 months or less.’’. 


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1 (d) COMMENCEMENT OF PERIOD OF DISABILITY.— 

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

3 is amended— 

4 (1) by inserting ‘‘(i)’’ after ‘‘(2)(A)’’; 

5 (2) by inserting ‘‘(I)’’ after ‘‘but only if’’; 

6 (3) by inserting ‘‘(II)’’ after ‘‘duration or’’; and 

7 (4) by adding at the end the following new 

8 clause: 

9 ‘‘(ii) The Commissioner of Social Security may waive 

10 the application of the five-month requirement under clause 

11 (i)(I) if the Commissioner determines that such individual 

12 would otherwise be entitled to a period of disability under 

13 this paragraph, that such individual is terminally ill, and 

14 that the application of such five-month requirement would 

15 work an undue hardship on such individual (as determined 

16 on the basis of criteria established by the Commissioner). 

17 For purposes of this clause, an individual is considered 

18 to be ‘terminally ill’ if the individual has a medical prog19 nosis that the individual’s life expectancy is 6 months or 

20 less.’’. 

21 SEC. 3. EFFECTIVE DATES. 

22 The amendments made by subsection (a) of section 

23 2 of this Act shall apply only with respect to benefits 

24 under section 223 of the Social Security Act, or under sec25 tion 202 of such Act on the basis of the wages and selfVerDate Aug 31 2005 01:41 Apr 19, 2008 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5812.IH H5812

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1 employment income of an individual entitled to benefits 

2 under such section 223, for months beginning after 90 

3 days after the date of the enactment of this Act. The 

4 amendments made by subsections (b) and (c) of section 

5 2 of this Act shall apply only with respect to benefits based 

6 on disability under subsection (e) or (f) of section 202 of 

7 the Social Security Act for months after 90 days after the 

8 date of the enactment of this Act. The amendments made 

9 by subsection (d) of section 2 of this Act shall apply only 

10 with respect to applications for disability determinations 

11 filed under title II of the Social Security Act after 90 days 

12 after the date of the enactment of this Act. 

Æ 


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