I 

111TH CONGRESS 

1ST SESSION H. R. 33 

To amend title II of the Social Security Act to eliminate the 5-month waiting 

period for entitlement to disability benefits and to eliminate reconsideration as an intervening step between initial benefit entitlement decisions 

and subsequent hearings on the record on such decisions. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 6, 2009 

Mr. MCINTYRE 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 eliminate 

the 5-month waiting period for entitlement to disability 

benefits and to eliminate reconsideration as an intervening step between initial benefit entitlement decisions 

and subsequent hearings on the record on such decisions. 

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 ‘‘Disability Benefit 

5 Fairness Act of 2009’’. 


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1 SEC. 2. ELIMINATION OF 5-MONTH WAITING PERIOD FOR 

2 BENEFITS BASED ON DISABILITY. 

3 (a) DISABILITY INSURANCE BENEFITS.— 

4 (1) IN GENERAL.—The first sentence of section 

5 223(a)(1) of the Social Security Act (42 U.S.C. 

6 423(a)(1)) is amended by striking ‘‘(i) for each 

7 month’’ and all that follows through ‘‘the first 

8 month in which he is under such disability’’ and in9 serting the following: ‘‘for each month beginning 

10 with the first month during all of which such indi11 vidual is under a disability and in which such indi12 vidual becomes so entitled to such insurance bene13 fits’’. 

14 (2) WAITING PERIOD ELIMINATED FROM DE15 TERMINATION OF BENEFIT AMOUNT.— 

16 (A) IN GENERAL.—The first sentence of 

17 section 223(a)(2) of such Act (42 U.S.C. 

18 423(a)(2)) is amended by striking ‘‘in—’’ and 

19 all that follows through ‘‘and as though’’ and 

20 inserting the following: ‘‘in the first month for 

21 which such individual becomes entitled to such 

22 disability insurance benefits, and as though’’. 

23 (B) CONFORMING AMENDMENT.—The sec24 ond sentence of section 223(a)(2) of such Act 

25 (42 U.S.C. 423(a)(2)) is amended by striking 

26 ‘‘subparagraph (A) or (B) of such sentence, as 


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1 the case may be’’ and inserting ‘‘such sen2 tence’’. 

3 (3) ELIMINATION OF DEFINED TERM.— 

4 (A) IN GENERAL.—Section 223(c)(2) of 

5 such Act is repealed. 

6 (B) CONFORMING AMENDMENTS.— 

7 (i) The heading of section 223(c) of 

8 such Act (42 U.S.C. 423(c)) is amended to 

9 read as follows: ‘‘Definition of Insured Sta10 tus’’. 

11 (ii) Section 223(c)(1) of such Act (42 

12 U.S.C. 423(c)(1)) is amended by striking 

13 ‘‘For purposes of subparagraph (B) of this 

14 paragraph, when the number of quarters’’ 

15 in the last sentence and inserting the fol16 lowing: 

17 ‘‘(2) In applying paragraph (1)(B), when the 

18 number of quarters’’. 

19 (b) WIDOW’S INSURANCE BENEFITS BASED ON DIS20 ABILITY.— 

21 (1) IN GENERAL.—Section 202(e)(1)(F) of such 

22 Act (42 U.S.C. 402(e)(1)(F)) is amended to read as 

23 follows: 

24 ‘‘(F) if she satisfies subparagraph (B) by rea25 son of clause (ii) thereof, the first month during all 


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1 of which she is under a disability and in which she 

2 becomes so entitled to such insurance benefits,’’. 

3 (2) ELIMINATION OF DEFINED TERM.—Section 

4 202(e) of such Act (42 U.S.C. 402(e)) is amended— 

5 (A) by striking paragraph (5); and 

6 (B) by redesignating paragraphs (6), (7), 

7 and (8) as paragraphs (5), (6), and (7), respec8 tively. 

9 (c) WIDOWER’S INSURANCE BENEFITS BASED ON

10 DISABILITY.— 

11 (1) IN GENERAL.—Section 202(f)(1)(F) of such 

12 Act (42 U.S.C. 402(f)(1)(F)) is amended to read as 

13 follows: 

14 ‘‘(F) if he satisfies subparagraph (B) by reason 

15 of clause (ii) thereof, the first month during all of 

16 which he is under a disability and in which he be17 comes so entitled to such insurance benefits,’’. 

18 (2) ELIMINATION OF DEFINED TERM.—Section 

19 202(f) of such Act (42 U.S.C. 402(f)) is amended— 

20 (A) by striking paragraph (5); and 

21 (B) by redesignating paragraphs (6), (7), 

22 and (8) as paragraphs (5), (6), and (7), respec23 tively. 

24 (d) ELIMINATION OF WAITING PERIOD FOR COM25 MENCEMENT OF PERIODS OF DISABILITY.—Section 


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1 216(i)(2)(A) of such Act (42 U.S.C. 416(i)(2)(A)) is 

2 amended by striking ‘‘, but only’’ and all that follows and 

3 inserting a period. 

4 (e) EFFECTIVE DATES.—The amendments made by 

5 subsection (a) shall apply only with respect to benefits 

6 under section 223 of the Social Security Act, or under sec7 tion 202 of such Act on the basis of the wages and self8 employment income of an individual entitled to benefits 

9 under such section 223, for months after the third month 

10 following the month in which this Act is enacted. The 

11 amendments made by subsections (b) and (c) shall apply 

12 only with respect to benefits based on disability under sub13 section (e) or (f) of section 202 of the Social Security Act 

14 (42 U.S.C. 402) for months after the third month fol15 lowing the month in which this Act is enacted. The amend16 ment made by subsection (d) shall apply only with respect 

17 to applications for disability determinations filed under 

18 title II of the Social Security Act on or after the 90th 

19 day following the date of the enactment of this Act. 

20 SEC. 3. ELIMINATION OF RECONSIDERATION IN THE RE21 VIEW PROCESS GOVERNING DECISIONS ON 

22 BENEFIT ENTITLEMENT. 

23 (a) IN GENERAL.—Section 205(b)(1) of the Social 

24 Security Act (42 U.S.C. 405(b)(1)) is amended by adding 

25 at the end the following new sentence: ‘‘Opportunity for 


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1 a hearing under this title in accordance with this sub2 section with respect to any initial decision or determina3 tion under this title shall be available without any require4 ment for intervening reconsideration.’’. 

5 (b) CONFORMING AMENDMENTS.—Section 205(b) of 

6 such Act is amended— 

7 (1) by striking paragraph (2); and 

8 (2) by redesignating paragraph (3) as para9 graph (2). 

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

11 this section shall apply with respect to initial decisions and 

12 determinations (subject to opportunity for a hearing to the 

13 extent provided under section 205(b) of the Social Secu14 rity Act) issued after 1 year after the date of the enact15 ment of this Act. 

Æ 


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