II 

116TH CONGRESS 

1ST SESSION S. 2496 

To amend title II of the Social Security Act to eliminate the Medicare 

and disability insurance benefits waiting periods for disabled individuals. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 18, 2019 

Mr. CASEY (for himself, Mr. BROWN, Mr. LEAHY, and Mr. SANDERS) introduced the following bill; which was read twice and referred to the Committee on Finance 

A BILL 

To amend title II of the Social Security Act to eliminate 

the Medicare and disability insurance benefits waiting 

periods for disabled individuals. 

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 ‘‘Stop the Wait Act’’. 


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1 SEC. 2. ELIMINATION OF DISABILITY WAITING PERIOD FOR 

2 SOCIAL SECURITY DISABILITY INSURANCE 

3 BENEFITS AND SURVIVING SPOUSE BENE4 FITS. 

5 (a) ELIMINATION OF WAITING PERIOD FOR DIS6 ABILITY INSURANCE BENEFITS.—Section 223 of the So7 cial Security Act (42 U.S.C. 423) is amended— 

8 (1) in subsection (a)— 

9 (A) in paragraph (1), in the matter fol10 lowing subparagraph (E)— 

11 (i) by striking ‘‘disability insurance 

12 benefit (i) for each month’’ and all that 

13 follows through ‘‘, or (ii)’’ and inserting 

14 ‘‘disability insurance benefit’’; and 

15 (ii) by striking ‘‘, but only if’’ and all 

16 that follows through ‘‘under such dis17 ability’’; and 

18 (B) in paragraph (2), by striking ‘‘as 

19 though he had attained age 62 in—’’ and all 

20 that follows through ‘‘such disability insurance 

21 benefits,’’ and inserting ‘‘as though the indi22 vidual had attained age 62 in the first month 

23 for which the individual becomes entitled to 

24 such disability insurance benefits,’’; and 

25 (2) in subsection (c), by striking paragraph (2). 


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1 (b) ELIMINATION OF WAITING PERIOD FOR SUR2 VIVING SPOUSE AND SURVIVING DIVORCED SPOUSE BEN3 EFITS.—Section 202 of the Social Security Act (42 U.S.C. 

4 402) is amended— 

5 (1) in subsection (e)— 

6 (A) in paragraph (1), in the matter fol7 lowing subparagraph (D), by striking ‘‘begin8 ning with—’’ and all that follows through ‘‘on 

9 such basis terminated,’’ and inserting ‘‘begin10 ning with the first month in which she becomes 

11 so entitled to such insurance benefits’’; 

12 (B) by striking paragraph (5); and 

13 (C) by redesignating paragraphs (6) 

14 through (8) as paragraphs (5) through (7); and 

15 (2) in subsection (f)— 

16 (A) in paragraph (1), in the matter fol17 lowing subparagraph (D), by striking ‘‘begin18 ning with—’’ and all that follows through ‘‘on 

19 such basis terminated,’’ and inserting ‘‘begin20 ning with the first month in which he becomes 

21 so entitled to such insurance benefits’’; 

22 (B) by striking paragraph (5); and 

23 (C) by redesignating paragraphs (6) 

24 through (8) as paragraphs (5) through (7). 


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

2 this section shall apply with respect to applications for dis3 ability insurance benefits, widow’s insurance benefits, and 

4 widower’s insurance benefits filed on or after the date of 

5 the enactment of this Act. 

6 SEC. 3. PHASE-OUT OF WAITING PERIOD FOR MEDICARE 

7 DISABILITY BENEFITS. 

8 (a) IN GENERAL.—Section 226(b) of the Social Secu9 rity Act (42 U.S.C. 426(b)) is amended— 

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

11 for 24 calendar months been entitled to,’’ and insert12 ing ‘‘, and for not less than the waiting period (as 

13 defined in subsection (j)) has been entitled to,’’; 

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

15 been for not less than 24 months,’’ and inserting ‘‘, 

16 and has been for not less than the waiting period (as 

17 defined in subsection (j)),’’; 

18 (3) in paragraph (2)(C)(ii), by striking ‘‘, in19 cluding the requirement that he has been entitled to 

20 the specified benefits for 24 months,’’ and inserting 

21 ‘‘, including the requirement that the individual has 

22 been entitled to the specified benefits for the waiting 

23 period (as defined in subsection (j)),’’; and 

24 (4) in the flush matter following paragraph 

25 (2)(C)(ii)(II)— 


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1 (A) in the first sentence, by striking ‘‘for 

2 each month beginning with the later of (I) July 

3 1973 or (II) the twenty-fifth month of his enti4 tlement or status as a qualified railroad retire5 ment beneficiary described in paragraph (2), 

6 and’’ and inserting ‘‘for each month beginning 

7 with the first month after the month in which 

8 the individual first satisfies paragraph (2), 

9 and’’; 

10 (B) in the second sentence, by striking 

11 ‘‘the ‘twenty-fifth month of his entitlement’ re12 fers to the first month after the twenty-fourth 

13 month of entitlement to specified benefits re14 ferred to in paragraph (2)(C) and’’; and 

15 (C) in the third sentence, by striking ‘‘, 

16 but not in excess of 78 such months’’. 

17 (b) SCHEDULE FOR PHASE-OUT OF WAITING PE18 RIOD.—Section 226 of the Social Security Act (42 U.S.C. 

19 426) is amended by adding at the end the following new 

20 subsection: 

21 ‘‘(j) For purposes of subsection (b) (and for purposes 

22 of section 1837(g)(1) of this Act and section 7(d)(2)(ii) 

23 of the Railroad Retirement Act of 1974), the term ‘waiting 

24 period’ means, with respect to an individual who first be25 comes entitled to benefits described in subparagraph (A) 


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1 of subsection (b)(2), first achieves the status described in 

2 subparagraph (B) of such subsection, or first becomes en3 titled to specified benefits referred to in subparagraph (C) 

4 of such subsection in a month in— 

5 ‘‘(1) calendar year 2020, 18 months; 

6 ‘‘(2) calendar year 2021, 16 months; 

7 ‘‘(3) calendar year 2022, 14 months; 

8 ‘‘(4) calendar year 2023, 12 months; 

9 ‘‘(5) calendar year 2024, 10 months; 

10 ‘‘(6) calendar year 2025, 8 months; 

11 ‘‘(7) calendar year 2026, 6 months; 

12 ‘‘(8) calendar year 2027, 4 months; 

13 ‘‘(9) calendar year 2028, 2 months; and 

14 ‘‘(10) calendar year 2029 and each subsequent 

15 year, 0 months.’’. 

16 (c) CONFORMING AMENDMENTS.— 

17 (1) MONTHS THAT COUNT TOWARDS WAITING

18 PERIOD.— 

19 (A) IN GENERAL.—Section 226(f) of the 

20 Social Security Act (42 U.S.C. 426(f)) is 

21 amended by striking ‘‘24 months’’ and inserting 

22 ‘‘waiting period’’. 

23 (B) SUNSET.—Effective January 1, 2029, 

24 subsection (f) of section 226 of the Social Secu25 rity Act (42 U.S.C. 426) is repealed. 


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1 (2) ELIMINATION OF 1-MONTH WAITING PERIOD

2 FOR INDIVIDUALS WITH ALS.—Section 226(h)(1) of 

3 the Social Security Act (42 U.S.C. 426(h)(1)) is 

4 amended by inserting ‘‘(or, beginning January 1, 

5 2029, 0 months)’’ after ‘‘1 month’’. 

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

7 of such Act (42 U.S.C. 1395c(2)) is amended by 

8 striking ‘‘entitled for not less than 24 months’’ and 

9 inserting ‘‘entitled for not less than the waiting pe10 riod (as defined in section 226(j))’’. 

11 (4) MEDICARE COVERAGE.—Section 1837(g)(1) 

12 of such Act (42 U.S.C. 1395p(g)(1)) is amended by 

13 striking ‘‘of the later of (A) April 1973 or (B) the 

14 third month before the 25th month of such entitle15 ment’’ and inserting ‘‘of the third month before the 

16 first month following the waiting period (as defined 

17 in section 226(j)) applicable under section 226(b)’’. 

18 (5) RAILROAD RETIREMENT SYSTEM.—Section 

19 7(d)(2)(ii) of the Railroad Retirement Act of 1974 

20 (45 U.S.C. 231f(d)(2)(ii)) is amended— 

21 (A) by striking ‘‘, for not less than 24 

22 months’’ and inserting ‘‘, for the waiting period 

23 (as defined in section 226(j) of the Social Secu24 rity Act); and 


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1 (B) by striking ‘‘could have been entitled 

2 for 24 calendar months, and’’ and inserting 

3 ‘‘could have been entitled for the waiting period 

4 (as defined in section 226(j) of the Social Secu5 rity Act), and’’. 

6 (d) EFFECTIVE DATE.—Except as provided in sub7 section (c)(1)(B), the amendments made by this section 

8 shall apply to insurance benefits under title XVIII of the 

9 Social Security Act with respect to items and services fur10 nished in months beginning at least 90 days after the date 

11 of the enactment of this Act (but in no case earlier than 

12 January 1, 2020). 

13 SEC. 4. NATIONAL ACADEMY OF MEDICINE STUDY AND RE14 PORT ON DELAY AND PREVENTION OF DIS15 ABILITY CONDITIONS. 

16 (a) STUDY.—The Secretary of Health and Human 

17 Services (in this section referred to as the ‘‘Secretary’’) 

18 shall request that the National Academy of Medicine con19 duct a study on the range of disability conditions that can 

20 be delayed or prevented if individuals receive access to 

21 health care services and coverage before the condition 

22 reaches disability levels. 

23 (b) REPORT.—Not later than the date that is 2 years 

24 after the date of enactment of this Act, the Secretary shall 

25 submit to Congress a report containing the results of the 


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1 National Academy of Medicine study authorized under 

2 this section. 

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to carry out this section 

5 $750,000 for the period of fiscal years 2020 and 2021. 

Æ 


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