I 

108TH CONGRESS 

1ST SESSION H. R. 976

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 

FEBRUARY 27, 2003

Mr. COSTELLO (for himself, Mr. TOWNS, Mr. BROWN of Ohio, Mr. HOLDEN, 

Mr. PAUL, Ms. KAPTUR, Mr. ACEVEDO-VILA ́, Mr. GUTIERREZ, Ms. NORTON, Ms. DELAURO, Mr. JOHN, Mr. RUSH, Mr. CARSON of Oklahoma, 

Mr. FROST, Mr. CLAY, Mr. MCNULTY, Mr. ACKERMAN, Ms. WATSON, 

Ms. BORDALLO, Mr. GRIJALVA, Mr. EVANS, Mr. GREEN of Wisconsin, 

Mr. LIPINSKI, Mr. GREEN of Texas, Ms. SCHAKOWSKY, Mr. KILDEE, Mr. 

FORD, Mrs. NAPOLITANO, and Ms. WOOLSEY) 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 2003’’. 
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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—

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

8 (2) by inserting ‘‘or (II) if he has a terminal ill9 ness (as defined in paragraph (3)) and his applica10 tion for such benefits is filed during his waiting pe11 riod (as so defined) which would otherwise be appli12 cable under clause (i),’’ after ‘‘the first month in 

13 which he is under such disability,’’. 

14 (b) DEFINITION OF TERMINAL ILLNESS.—Section 

15 223(a) of such Act is amended further by adding at the 

16 end the following new paragraph: 

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

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

19 determinable physical impairment which is expected to re20 sult in the death of such individual within the next 6 

21 months.’’. 

22 (c) CONFORMING AMENDMENTS RELATING TO RET23 ROACTIVE BENEFITS.—Section 223(b) of such Act (42 

24 U.S.C. 423(b)) is amended—

25 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; 
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1 (2) by striking ‘‘An individual’’ and inserting 

2 the following: 

3 ‘‘(2)(A) An individual’’; and 

4 (3) by adding at the end the following new sub5 paragraph: 

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

7 under this section is filed during a waiting period (as de8 fined in subsection (c)(2)) which is inapplicable solely by 

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

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

11 in such waiting period.’’. 

12 SEC. 3. EFFECTIVE DATE. 

13 The amendments made by this Act shall apply with 

14 respect to benefits based on applications filed on or after 

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

16 on applications filed during a waiting period (as defined 

17 in section 223(c)(2) of the Social Security Act) in connec18 tion with such benefits ending after such date.

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