I 

108TH CONGRESS 

2D SESSION H. R. 5034

To amend title II of the Social Security Act to require waiver of the 5-

month waiting period for entitlement to benefits based on disability 

in the case of a terminally ill beneficiary. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 8, 2004

Mr. THOMPSON of California 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 require 

waiver of the 5-month waiting period for entitlement 

to benefits based on disability in the case of a terminally 

ill beneficiary.

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 ‘‘Randy Barrett Act’’. 
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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)(A) In the case of any individual who is termi9 nally ill and is not entitled to disability insurance benefits 

10 under this section for any month solely by reason of the 

11 waiting period under clause (i) in the first sentence of 

12 paragraph (1), the Commissioner of Social Security shall 

13 waive the application of the waiting period, and, notwith14 standing clauses (i) and (ii) of the first sentence of para15 graph (1), such individual shall be entitled to disability 

16 insurance benefits for each month, beginning with the first 

17 month during all of which such individual is under a dis18 ability and in which such individual would become so enti19 tled to such insurance benefits under such sentence but 

20 for such waiting period, and ending as provided in para21 graph (1). 

22 ‘‘(B) For purposes of subparagraph (A), an indi23 vidual is considered to be ‘terminally ill’ if the individual 

24 has a medical prognosis, certified by a physician, that the 

25 individual’s life expectancy is 12 months or less.’’. 
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1 (b) WIDOW’S INSURANCE BENEFITS BASED ON DIS2 ABILITY.—Section 202(e)(5) of such Act (42 U.S.C. 

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

4 new subparagraph: 

5 ‘‘(C)(i) In the case of any individual who is terminally 

6 ill and is not entitled to widow’s insurance benefits under 

7 this section for any month solely by reason of the waiting 

8 period under paragraph (1)(F)(i), the Commissioner of 

9 Social Security shall waive the application of the waiting 

10 period, and, notwithstanding clauses (i) and (ii) of para11 graph (1)(F), such individual shall be entitled to widow’s 

12 insurance benefits for each month, beginning with the first 

13 month during all of which she is under a disability and 

14 in which she would become so entitled to such insurance 

15 benefits under paragraph (1) but for such waiting period, 

16 and ending as provided in paragraph (1). 

17 ‘‘(ii) For purposes of this subparagraph, an indi18 vidual is considered to be ‘terminally ill’ if the individual 

19 has a medical prognosis, certified by a physician, that the 

20 individual’s life expectancy is 12 months or less.’’. 

21 (c) WIDOWER’S INSURANCE BENEFITS BASED ON

22 DISABILITY.—Section 202(f)(6) of such Act (42 U.S.C. 

23 402(f)(6)) is amended by adding at the end the following 

24 new subparagraph: 
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1 ‘‘(C)(i) In the case of any individual who is terminally 

2 ill and is not entitled to widower’s insurance benefits 

3 under this section for any month solely by reason of the 

4 waiting period under paragraph (1)(F)(i), the Commis5 sioner of Social Security shall waive the application of the 

6 waiting period, and, notwithstanding clauses (i) and (ii) 

7 of paragraph (1)(F), such individual shall be entitled to 

8 widower’s insurance benefits for each month, beginning 

9 with the first month during all of which he is under a 

10 disability and in which he would become so entitled to such 

11 insurance benefits under paragraph (1) but for such wait12 ing period, and ending as provided in paragraph (1). 

13 ‘‘(ii) For purposes of this subparagraph, an indi14 vidual is considered to be ‘terminally ill’ if the individual 

15 has a medical prognosis, certified by a physician, that the 

16 individual’s life expectancy is 12 months or less.’’. 

17 (d) COMMENCEMENT OF PERIOD OF DISABILITY.—

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

19 is amended—

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

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

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

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

24 clause: 
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1 ‘‘(ii) In any case in which an individual is terminally 

2 ill and a month is not included within a period of disability 

3 of such individual solely by reason of the 5-month duration 

4 requirement under clause (i)(I), the Commissioner of So5 cial Security shall waive the application of such require6 ment, and, notwithstanding clause (i)(I), such month shall 

7 be included in a period of disability. For purposes of this 

8 subparagraph, an individual is considered to be ‘terminally 

9 ill’ if the individual has a medical prognosis, certified by 

10 a physician, that the individual’s life expectancy is 12 

11 months or less.’’. 

12 SEC. 3. EFFECTIVE DATES. 

13 The amendments made by subsection (a) of section 

14 2 of this Act shall apply only with respect to benefits 

15 under section 223 of the Social Security Act, or under sec16 tion 202 of such Act on the basis of the wages and self17 employment income of an individual entitled to benefits 

18 under such section 223, for months beginning after the 

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

20 by subsections (b) and (c) of section 2 of this Act shall 

21 apply only with respect to benefits based on disability 

22 under subsection (e) or (f) of section 202 of the Social 

23 Security Act for months after the date of the enactment 

24 of this Act. The amendments made by subsection (d) of 

25 section 2 of this Act shall apply only with respect to appli-
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1 cations for disability determinations filed under title II of 

2 the Social Security Act after the date of the enactment 

3 of this Act.

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