I 

111TH CONGRESS 

1ST SESSION H. R. 2881 

To amend titles II and XVIII of the Social Security Act to waive certain 

waiting periods for Social Security disability and Medicare benefits in 

the case of a terminally ill, disabled individual. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 15, 2009 

Mr. ROGERS of Alabama (for himself, Mr. BACHUS, Mr. ADERHOLT, Mr. 

BONNER, Mr. GRIFFITH, Mr. BRIGHT, Mr. DAVIS of Alabama, Mr. GERLACH, Mrs. CHRISTENSEN, Mr. CARNEY, Mr. SMITH of New Jersey, and 

Mr. LANGEVIN) introduced the following bill; which was referred to the 

Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To amend titles II and XVIII of the Social Security Act 

to waive certain waiting periods for Social Security disability and Medicare benefits in the case of a terminally 

ill, disabled individual. 

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 ‘‘Kenny Callahan Act’’. 


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1 SEC. 2. WAIVER OF SOCIAL SECURITY DISABILITY WAITING 

2 PERIOD FOR BENEFITS BASED ON DIS3 ABILITY IN CASES OF TERMINALLY ILL BENE4 FICIARIES. 

5 (a) DISABILITY INSURANCE BENEFITS.—Section 

6 223(a) of the Social Security Act (42 U.S.C. 423(a)) is 

7 amended— 

8 (1) in paragraph (1), by inserting in the matter 

9 following subparagraph (E) ‘‘the individual meets 

10 the requirements of paragraph (3) or’’ after ‘‘but 

11 only if’’; and 

12 (2) by adding at the end the following new 

13 paragraph: 

14 ‘‘(3)(A) For purposes of paragraph (1), an individual 

15 meets the requirements of this paragraph if— 

16 ‘‘(i) the impairment underlying a finding that 

17 the individual is under a disability results in his 

18 death prior to the end of the applicable period (as 

19 defined in subparagraph (B)), or 

20 ‘‘(ii) in any case not described in clause (i)— 

21 ‘‘(I) in the case in which the finding that 

22 the individual is under a disability is made be23 fore the end of the applicable period, the Com24 missioner determines that, at the time such 

25 finding is made, the impairment underlying 


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1 such finding is expected to result in the individ2 ual’s death prior to the end of such period, or 

3 ‘‘(II) in the case in which such finding is 

4 made after the end of the applicable period, the 

5 Commissioner determines that, at any time dur6 ing such period, such impairment was expected 

7 to result in the individual’s death prior to the 

8 end of such period. 

9 ‘‘(B) For purposes of subparagraph (A), the term 

10 ‘applicable period’ means, in connection with any impair11 ment by reason of which an individual is under a dis12 ability, the period of six consecutive calendar months com13 mencing with the first calendar month commencing while 

14 such individual is under such disability.’’. 

15 (b) WIDOW’S INSURANCE BENEFITS BASED ON DIS16 ABILITY.—Section 202(e) of such Act (42 U.S.C. 402(e)) 

17 is amended— 

18 (1) in paragraph (1)(F)(ii), by inserting ‘‘she 

19 meets the requirements of paragraph (5)(C) or’’ 

20 after ‘‘but only if’’; and 

21 (2) in paragraph (5), by adding at the end the 

22 following new subparagraph: 

23 ‘‘(C)(i) For purposes of paragraph (1)(F)(ii), an indi24 vidual meets the requirements of this subparagraph if— 


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1 ‘‘(I) the impairment underlying a finding that 

2 she is under a disability results in her death prior 

3 to the end of the applicable period (as defined in 

4 clause (ii)), or 

5 ‘‘(II) in any case not described in subclause 

6 (I)— 

7 ‘‘(aa) in the case in which the finding that 

8 she is under a disability is made before the end 

9 of the applicable period, the Commissioner de10 termines that, at the time such finding is made, 

11 the impairment underlying such finding is ex12 pected to result in her death prior to the end 

13 of such period, or 

14 ‘‘(bb) in the case in which such finding is 

15 made after the end of the applicable period, the 

16 Commissioner determines that, at any time dur17 ing such period, such impairment was expected 

18 to result in her death prior to the end of such 

19 period. 

20 ‘‘(ii) For purposes of clause (i), the term ‘applicable 

21 period’ means, in connection with any impairment by rea22 son of which an individual is under a disability, the period 

23 of six consecutive calendar months commencing with the 

24 first calendar month commencing while such individual is 

25 under such disability.’’. 


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1 (c) WIDOWER’S INSURANCE BENEFITS BASED ON

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

3 402(f)) is amended— 

4 (1) in paragraph (1)(F)(ii), by inserting ‘‘he 

5 meets the requirements of paragraph (5)(C) or’’ 

6 after ‘‘but only if’’; and 

7 (2) in paragraph (5), by adding at the end the 

8 following new subparagraph: 

9 ‘‘(C)(i) For purposes of paragraph (1)(F)(ii), an indi10 vidual meets the requirements of this subparagraph if— 

11 ‘‘(I) the impairment underlying a finding that 

12 he is under a disability results in his death prior to 

13 the end of the applicable period (as defined in clause 

14 (ii)), or 

15 ‘‘(II) in any case not described in subclause 

16 (I)— 

17 ‘‘(aa) in the case in which the finding that 

18 he is under a disability is made before the end 

19 of the applicable period, the Commissioner de20 termines that, at the time such finding is made, 

21 the impairment underlying such finding is ex22 pected to result in his death prior to the end of 

23 such period, or 

24 ‘‘(bb) in the case in which such finding is 

25 made after the end of the applicable period, the 


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1 Commissioner determines that, at any time dur2 ing such period, such impairment was expected 

3 to result in his death prior to the end of such 

4 period. 

5 ‘‘(ii) For purposes of clause (i), the term ‘applicable 

6 period’ means, in connection with any impairment by rea7 son of which an individual is under a disability, the period 

8 of six consecutive calendar months commencing with the 

9 first calendar month commencing while such individual is 

10 under such disability.’’. 

11 (d) COMMENCEMENT OF PERIOD OF DISABILITY.— 

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

13 amended— 

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

15 (2) by inserting ‘‘(I) the individual meets the 

16 requirements of clause (ii), or (II)’’ after ‘‘but only 

17 if’’; and 

18 (3) by adding at the end the following new 

19 clauses: 

20 ‘‘(ii) For purposes of clause (i)(I), an individual 

21 meets the requirements of this clause if— 

22 ‘‘(I) the impairment underlying a finding that 

23 such individual is under a disability (as defined in 

24 paragraph (1)) results in such individual’s death 


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1 prior to the end of the applicable period (as defined 

2 in clause (iii)), or 

3 ‘‘(II) in any case not described in subclause 

4 (I)— 

5 ‘‘(aa) in the case in which the finding that 

6 the individual is under a disability is made be7 fore the end of the applicable period, the Com8 missioner determines that, at the time such 

9 finding is made, the impairment underlying 

10 such finding is expected to result in the individ11 ual’s death prior to the end of such period, or 

12 ‘‘(bb) in the case in which such finding is 

13 made after the end of the applicable period, the 

14 Commissioner determines that, at any time dur15 ing such period, such impairment was expected 

16 to result in the individual’s death prior to the 

17 end of such period. 

18 ‘‘(iii) For purposes of clause (ii), the term ‘applicable 

19 period’ means, in connection with any impairment by rea20 son of which an individual is under a disability, the period 

21 of six consecutive calendar months commencing with the 

22 first calendar month commencing while such individual is 

23 under such disability.’’. 


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1 SEC. 3. WAIVER OF MEDICARE DISABILITY WAITING PE2 RIOD FOR BENEFITS BASED ON DISABILITY 

3 IN CASES OF TERMINALLY ILL BENE4 FICIARIES. 

5 (a) IN GENERAL.—Section 226 of the Social Security 

6 Act (42 U.S.C. 426) is amended— 

7 (1) by redesignating subsection (j) as sub8 section (k); and 

9 (2) by inserting after subsection (i) the fol10 lowing new subsection: 

11 ‘‘(j)(1) With respect to an individual who meets the 

12 requirements of paragraph (2) and who would be entitled 

13 to benefits under subsection (b) but for the 24-month 

14 waiting period under subsection (b)(2), the following spe15 cial rules apply: 

16 ‘‘(A) Subsection (b) shall be applied as if there 

17 were no requirement for any entitlement to benefits, 

18 or status, for a period longer than one month. 

19 ‘‘(B) The entitlement under such subsection 

20 shall begin with the first month (rather than twenty21 fifth month) of entitlement or status. 

22 ‘‘(C) Subsection (f) shall not be applied. 

23 ‘‘(2)(A) Subject to subparagraph (C), an individual 

24 meets the requirements of this paragraph if— 

25 ‘‘(i) the impairment underlying a finding under 

26 this title that the individual is under a disability reVerDate Nov 24 2008 04:03 Jun 16, 2009 Jkt 079200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2881.IH H2881

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1 sults in the individual’s death before the end of the 

2 applicable period (as defined in subparagraph (B)); 

3 or 

4 ‘‘(ii) in the case where such finding is made— 

5 ‘‘(I) before the end of the applicable pe6 riod, the Commissioner determines that, at the 

7 time such finding is made, such impairment is 

8 expected to result in the individual’s death be9 fore the end of such period; or 

10 ‘‘(II) after the end of such period, the 

11 Commissioner determines that, at any time dur12 ing such period, such impairment was expected 

13 to result in the individual’s death before the 

14 end of such period. 

15 ‘‘(B) For purposes of subparagraph (A), the term 

16 ‘applicable period’ means, in connection with any impair17 ment by reason of which an individual is under a dis18 ability, the period of 12 consecutive calendar months com19 mencing with the first calendar month commencing while 

20 such individual is under such disability. 

21 ‘‘(C) An individual described in subparagraph (A) 

22 shall not continue to be treated as meeting the require23 ments of this paragraph after the end of the 12-month 

24 period described in subparagraph (B) unless, before the 

25 end of such period, the individual requests an extension 


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1 of such treatment and the Commissioner determines that 

2 the impairment involved is expected to result in the indi3 vidual’s death before the end of the 12-consecutive-month 

4 period immediately following the applicable period.’’. 

5 (b) CONFORMING AMENDMENT.—Section 1837 of 

6 such Act (42 U.S.C. 1395p) is amended by adding at the 

7 end the following new subsection: 

8 ‘‘(l) In applying this section in the case of an indi9 vidual who is entitled to benefits under part A pursuant 

10 to the operation of section 226(j), the following special 

11 rules apply: 

12 ‘‘(1) The initial enrollment period under sub13 section (d) shall begin on the first day of the first 

14 month in which the individual satisfies the require15 ment of section 1836(1). 

16 ‘‘(2) In applying subsection (g)(1), the initial 

17 enrollment period shall begin on the first day of the 

18 first month of entitlement to disability insurance 

19 benefits referred to in such subsection.’’. 

20 SEC. 4. EFFECTIVE DATE. 

21 The amendments made by this Act shall apply with 

22 respect to applications filed on or after January 1, 2010. 

Æ 


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