II 

117TH CONGRESS 

2D SESSION S. 4133 

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 

MAY 4, 2022 

Mr. BARRASSO (for himself, Mr. BROWN, Ms. COLLINS, Mr. COONS, Ms. HASSAN, Mr. LEAHY, Ms. LUMMIS, Mr. MERKLEY, Ms. MURKOWSKI, and Mr. 

REED) 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 2022’’. 


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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 (iii)’’ 

9 and inserting ‘‘(iii) 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 (iv)’’; 

15 (B) in paragraph (2)— 

16 (i) in the matter preceding subpara17 graph (A), by striking ‘‘section 202(q) 

18 and’’ and inserting ‘‘paragraph (3) of this 

19 section, section 202(q), and’’; 

20 (ii) in subparagraph (A), by striking 

21 ‘‘or’’ at the end; 

22 (iii) by redesignating subparagraph 

23 (B) as subparagraph (C); 

24 (iv) in subparagraph (C), as so redes25 ignated, by striking ‘‘clause (ii) of para26 graph (1)’’ and inserting ‘‘clause (ii) or 


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1 (iv) in the matter following subparagraph 

2 (E) of paragraph (1)’’; and 

3 (v) by inserting after subparagraph 

4 (A) the following new subparagraph: 

5 ‘‘(B) in any case in which clause (iii) in the 

6 matter following subparagraph (E) of paragraph (1) 

7 of this subsection is applicable, the first month for 

8 which the individual becomes entitled to such dis9 ability insurance benefits, or’’; and 

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

11 paragraph: 

12 ‘‘(3)(A) For purposes of paragraph (2), in any case 

13 in which clause (iii) in the matter following subparagraph 

14 (E) of paragraph (1) of this subsection is applicable to 

15 an individual, the amount of the individual’s monthly dis16 ability insurance benefit for the earliest period of 2 con17 secutive calendar months throughout which the individual 

18 has been entitled to such insurance benefits shall be equal 

19 to the product of the benefit amount determined for the 

20 individual under paragraph (2) (before application of this 

21 paragraph) and— 

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

23 and 

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


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

2 subparagraph (D) of subsection (d)(2) to be under a dis3 ability has been entitled to a disability insurance benefit 

4 on such basis for 12 consecutive calendar months, the in5 dividual’s disability insurance benefit for any month dur6 ing the subsequent period of 12 consecutive calendar 

7 months shall be equal to— 

8 ‘‘(i) the benefit amount determined for the indi9 vidual under paragraph (2) (before application of 

10 this paragraph); minus 

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

12 amount of disability insurance benefits provided to 

13 the individual during the earliest period of five con14 secutive calendar months for which the individual 

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

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

17 subparagraph (D) of subsection (d)(2) to be under a dis18 ability has been entitled to a disability insurance benefit 

19 on such basis for 24 consecutive calendar months, the in20 dividual’s disability insurance benefit for any subsequent 

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

22 determined for the individual under paragraph (2) (before 

23 application of this paragraph).’’; and 

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

25 the following: 


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1 ‘‘(D) For purposes of clause (iii) in the matter 

2 following subparagraph (E) of paragraph (1) of sub3 section (a), an individual shall be determined to be 

4 under a disability upon submission of a diagnosis of 

5 a terminal illness (as defined in section 

6 1861(dd)(3)(A)) that has been certified by not less 

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

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

9 of the Internal Revenue Code of 1986) and are not 

10 in the same physician group practice.’’. 

11 (b) REPORTS TO CONGRESS.— 

12 (1) REPORT BY SOCIAL SECURITY ADMINISTRA13 TION.—Not later than 12 months after the date of 

14 the enactment of this Act, and each year thereafter, 

15 the Commissioner of the Social Security Administra16 tion, in coordination with the Inspector General of 

17 the Social Security Administration, shall submit to 

18 the relevant committees of Congress a report that 

19 evaluates the provision of disability insurance bene20 fits to terminally ill individuals, including— 

21 (A) the total number of individuals who— 

22 (i) file applications for disability in23 surance benefits (as determined under sec24 tion 223(a)(3) of the Social Security Act) 

25 based on a diagnosis of a terminal illness; 


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1 (ii) receive such benefits; 

2 (iii) die within 6 months of first re3 ceiving such benefits; 

4 (iv) die within 12 months of first re5 ceiving such benefits; 

6 (v) receive such benefits during the 

7 period described in section 223(a)(3)(B) of 

8 the Social Security Act; and 

9 (vi) receive such benefits during the 

10 period described in section 223(a)(3)(C) of 

11 the Social Security Act; 

12 (B) the total amount expended, including 

13 related administrative expenses, for the provi14 sion of disability insurance benefits under sec15 tion 223(a)(3) of the Social Security Act to in16 dividuals diagnosed with a terminal illness; and 

17 (C) recommendations for such legislation 

18 and administrative actions as are determined 

19 appropriate for preventing fraud, waste, and 

20 abuse related to such benefits. 

21 (2) REPORT BY GOVERNMENT ACCOUNTABILITY

22 OFFICE.—Not later than 4 years after the date of 

23 the enactment of this Act, the Comptroller General 

24 of the United States shall submit a report to the rel25 evant committees of Congress that evaluates the proVerDate Sep 11 2014 01:59 May 05, 2022 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4133.IS S4133

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1 vision of disability insurance benefits to terminally ill 

2 individuals and provides recommendations for such 

3 legislation and administrative actions as are deter4 mined appropriate to improve the provision of such 

5 benefits to such individuals. 

6 (c) EFFECTIVE DATE; SUNSET.— 

7 (1) IN GENERAL.—Subject to paragraph (2), 

8 the amendments made by this section shall apply to 

9 benefits payable for months beginning after Decem10 ber 31, 2022. 

11 (2) SUNSET.—The amendments made by sub12 section (a) shall cease to have effect on January 1, 

13 2028, and upon such date, section 223 of the Social 

14 Security Act shall read as such section read on the 

15 day before the date of the enactment of this Act. 

Æ 


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