Disability Benefit Fairness Act of 2013

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. Short title This Act may be cited as the Disability Benefit Fairness Act of 2013 2. Elimination of 5-MONTH waiting period for benefits based on disability (a) Disability Insurance Benefits (1) In general The first sentence of section 223(a)(1) of the Social Security Act (i) for each month the first month in which he is under such disability for each month beginning with the first month during all of which such individual is under a disability and in which such individual becomes so entitled to such insurance benefits (2) Waiting period eliminated from determination of benefit amount (A) In general The first sentence of section 223(a)(2) of such Act (42 U.S.C. 423(a)(2)) is amended by striking in— and as though in the first month for which such individual becomes entitled to such disability insurance benefits, and as though (B) Conforming amendment The second sentence of section 223(a)(2) of such Act ( 42 U.S.C. 423(a)(2) subparagraph (A) or (B) of such sentence, as the case may be such sentence (3) Elimination of defined term (A) In general Section 223(c)(2) of such Act is repealed. (B) Conforming amendments (i) The heading of section 223(c) of such Act ( 42 U.S.C. 423(c) Definition of Insured Status (ii) Section 223(c)(1) of such Act ( 42 U.S.C. 423(c)(1) For purposes of subparagraph (B) of this paragraph, when the number of quarters (2) In applying paragraph (1)(B), when the number of quarters . (b) Widow’s Insurance Benefits Based on Disability (1) In general Section 202(e)(1)(F) of such Act ( 42 U.S.C. 402(e)(1)(F) (F) if she satisfies subparagraph (B) by reason of clause (ii) thereof, the first month during all of which she is under a disability and in which she becomes so entitled to such insurance benefits, . (2) Elimination of defined term Section 202(e) of such Act ( 42 U.S.C. 402(e) (A) by striking paragraph (5); and (B) by redesignating paragraphs (6), (7), and (8) as paragraphs (5), (6), and (7), respectively. (c) Widower’s Insurance Benefits Based on Disability (1) In general Section 202(f)(1)(F) of such Act ( 42 U.S.C. 402(f)(1)(F) (F) if he satisfies subparagraph (B) by reason of clause (ii) thereof, the first month during all of which he is under a disability and in which he becomes so entitled to such insurance benefits, . (2) Elimination of defined term Section 202(f) of such Act ( 42 U.S.C. 402(f) (A) by striking paragraph (5); and (B) by redesignating paragraphs (6), (7), and (8) as paragraphs (5), (6), and (7), respectively. (d) Elimination of Waiting Period for Commencement of Periods of Disability Section 216(i)(2)(A) of such Act ( 42 U.S.C. 416(i)(2)(A) , but only (e) Effective Dates The amendments made by subsection (a) shall apply only with respect to benefits under section 223 of the Social Security Act Social Security Act 42 U.S.C. 402 Social Security Act 3. Elimination of reconsideration in the review process governing decisions on benefit entitlement (a) In General Section 205(b)(1) of the Social Security Act 42 U.S.C. 405(b)(1) Opportunity for a hearing under this title in accordance with this subsection with respect to any initial decision or determination under this title shall be available without any requirement for intervening reconsideration. (b) Conforming Amendments Section 205(b) of such Act is amended— (1) by striking paragraph (2); and (2) by redesignating paragraph (3) as paragraph (2). (c) Effective Date The amendments made by this section shall apply with respect to initial decisions and determinations (subject to opportunity for a hearing to the extent provided under section 205(b) of the Social Security Act

Summary: Disability Benefit Fairness Act of 2013 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to eliminate: (1) the five-month waiting period for an individual (including a disabled widow or widower) to be eligible for benefits based on disability, and (2) any intervening reconsideration from the review process governing decisions on benefit entitlement.