SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Encourage Initiative 
and Promote Self-Esteem Act of 2008’’. 
SEC. 2. AMENDMENTS TO TITLE II OF THE SOCIAL SECU-
RITY ACT. 
(a) IN GENERAL.—Section 222 of the Social Security 
Act (42 U.S.C. 422) is amended by adding at the end the 
following new subsection: 
‘‘Special Rules for Benefits Based on Waxing and 
Waning Medical Condition 
‘‘(f)(1) In the case of any qualifying disabled indi-
vidual— 
‘‘(A) the termination month for purposes of sec-
tion 223(a)(1) or subsection (d)(1)(G), (e)(1), or 
(f)(1) of section 202 shall be, in lieu of the termi-
nation month otherwise described therein, the third 
month following the end of the individual’s special 
entitlement period, 
‘‘(B) the extent to which benefits of the indi-
vidual under section 223 or subsection (d), (e), or 
(f) of section 202 are payable for any month during 
the individual’s special entitlement period shall be 
determined without regard to whether the individual 
engages in substantial gainful activity, 
‘‘(C) the amount of the individual’s monthly in-
surance benefit payable for any month during the 
VerDate Aug 31 2005 
00:29 Jul 11, 2008
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6457.IH
H6457
erowe on PRODPC61 with BILLS
special entitlement period shall not exceed the max-
imum benefit payment for the month determined 
under paragraph (4), and 
‘‘(D) the Commissioner shall not undertake a 
review of such individual’s disability during any 
month following a month in which such individual 
performs services from which such individual earns 
the greater of $350 or the dollar amount derived for 
the month for purposes of this subparagraph under 
paragraph (6). 
‘‘(2) For purposes of paragraph (1), the term ‘quali-
fying disabled individual’ means an individual— 
‘‘(A) who is entitled to disability insurance ben-
efits under section 223, child’s insurance benefits 
under section 202(d) based on the individual’s dis-
ability, or widow’s or widower’s insurance benefits 
under subsection (e) or (f) of section 202 based on 
the individual’s disability, and 
‘‘(B) whose disability is based (in whole or in 
part) on a waxing and waning medical condition. 
‘‘(3) For purposes of paragraph (1), the special enti-
tlement period of an individual under this subsection— 
‘‘(A) begins with the month in which the indi-
vidual becomes entitled to benefits described in para-
graph (2)(A), and 
VerDate Aug 31 2005 
00:29 Jul 11, 2008
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6457.IH
H6457
erowe on PRODPC61 with BILLS
‘‘(B) ends with any month during which the 
Commissioner determines that the impairment on 
the basis of which such benefits are provided has 
ceased, does not exist, or is not disabling. 
‘‘(4) The amount of a qualifying disabled individual’s 
benefit described in paragraph (2) which is payable for 
any month under this title commencing with or after such 
individual’s 7th month of entitlement shall not exceed the 
amount of such benefit otherwise payable under this title, 
reduced (to not less than zero), by 2⁄3 of the individual’s 
excess trial earnings amount for such month. 
‘‘(5) For purposes of this paragraph— 
‘‘(A) The term ‘waxing and waning medical 
condition’ means, in connection with an individual, 
any medical condition which, prior to the first month 
of entitlement of the individual, has been certified to 
the Commissioner by a qualified physician as a con-
dition which, in the case of such individual, may rea-
sonably be expected to involve, in the absence of re-
covery, periods for which the individual will be able 
to engage in substantial gainful activity interspersed 
among periods for which the individual will not, by 
reason of a lack of adequate and reasonably avail-
able assistive technology, be able to engage in sub-
stantial gainful activity. 
VerDate Aug 31 2005 
00:29 Jul 11, 2008
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6457.IH
H6457
erowe on PRODPC61 with BILLS
‘‘(B) The term ‘excess trial earnings’ of an indi-
vidual for any month means the excess (if any) of— 
‘‘(i) the average amount earned by such in-
dividual from services performed each month 
during the most recent test period commencing 
with or after the first month of the such indi-
vidual’s special entitlement period, over 
‘‘(ii) the trial earnings threshold for such 
month. 
‘‘(C) The term ‘test period’ in connection with 
any month means the period of the first 3 calendar 
months of the period of 6 calendar months imme-
diately preceding such month. 
‘‘(D) The term ‘trial earnings threshold’ for a 
month means the greater of $670 or the product de-
rived for the month for purposes of this subpara-
graph under paragraph (6). 
‘‘(6) The product derived under this paragraph for 
any month for purposes of subparagraph (D) of paragraph 
(1) or subparagraph (D) of paragraph (5) is the product 
derived by multiplying the dollar amount specified in such 
subparagraph by the ratio of— 
‘‘(A) the national average wage index (as de-
fined in section 209(k)(1)) for the first of the 2 pre-
ceding calendar years, to 
VerDate Aug 31 2005 
00:29 Jul 11, 2008
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6457.IH
H6457
erowe on PRODPC61 with BILLS
‘‘(B) the national average wage index (as so de-
fined) for calendar year 2006. 
Any such product which is not a multiple of $10 shall be 
rounded to the next higher multiple of $10 where such 
product is a multiple of $5 but not of $10 and to the near-
est multiple of $10 in any other case. The Secretary shall 
determine and publish the trial earnings threshold for 
each month in November of the preceding calendar year.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) TERMINATION MONTH.— 
(A) Section 223(a)(1) of such Act (42 
U.S.C. 423(a)(1)) is amended by inserting, 
after the first full sentence beginning in the 
matter following subparagraph (E), the fol-
lowing new sentence: ‘‘The termination month 
of a qualifying disabled individual (as defined in 
section 222(f)(2)) shall be determined under 
section 222(f)(1)(A).’’. 
(B) Section 202(d)(1)(G)(i) of such Act 
(42 U.S.C. 402(d)(1)(G)(i)) is amended by 
striking ‘‘activity)’’ and inserting ‘‘activity, and, 
in the case of a qualifying disabled individual 
(as defined in section 222(f)(2)), the termi-
nation month shall be the month determined 
under section 222(f)(1)(A))’’. 
VerDate Aug 31 2005 
00:29 Jul 11, 2008
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6457.IH
H6457
erowe on PRODPC61 with BILLS
(C) Section 202(e)(1) of such Act (42 
U.S.C. 402(e)(1)) is amended by inserting, 
after the first full sentence beginning in the 
matter following subparagraph (F)(ii), the fol-
lowing new sentence: ‘‘The termination month 
of a qualifying disabled individual (as defined in 
section 222(f)(2)) shall be determined under 
section 222(f)(1)(A).’’. 
(D) Section 202(f)(1) of such Act (42 
U.S.C. 402(f)(1)) is amended by inserting, after 
the first full sentence beginning in the matter 
following subparagraph (F)(ii), the following 
new sentence: ‘‘The termination month of a 
qualifying disabled individual (as defined in sec-
tion 222(f)(2)) shall be determined under sec-
tion 222(f)(1)(A).’’. 
(2) CONFORMING
AMENDMENT
TO
CURRENT 
RULES REGARDING SUBSTANTIAL GAINFUL ACTIVITY 
BY OTHER INDIVIDUALS DURING EXTENDED PERI-
ODS OF ELIGIBILITY.—Section 223(e)(1) of such Act 
(42 U.S.C. 423(e)(1)) is amended by striking ‘‘No 
benefit’’ and inserting ‘‘In the case of an individual 
other than a qualifying disabled individual (as de-
fined in section 222(f)(2)), no benefit’’, and by strik-
VerDate Aug 31 2005 
00:29 Jul 11, 2008
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6457.IH
H6457
erowe on PRODPC61 with BILLS
ing ‘‘to an individual’’ and inserting ‘‘to such indi-
vidual’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to individuals who are 
entitled to disability insurance benefits under section 223 
of the Social Security Act, child’s insurance benefits under 
section 202(d) of such Act (based on the individual’s dis-
ability), or wife’s or husband’s insurance benefits under 
subsection (b) or (c) of section 202 of such Act (based 
on the individual’s disability) on or after the date of the 
enactment of this Act and whose trial work period in con-
nection with such entitlement has not terminated as of 
such date. 
SEC. 3. AMENDMENT TO TITLE XVI OF THE SOCIAL SECU-
RITY ACT. 
(a) IN GENERAL.—Section 1611 of the Social Secu-
rity Act (42 U.S.C. 1382) is amended by adding at the 
end the following new subsection: 
‘‘Special Rules for Disability Benefit Based on Waxing 
and Waning Medical Condition 
‘‘(j)(1) In the case of any qualifying disabled indi-
vidual— 
‘‘(A) the extent to which a benefit under this 
title by reason of disability is payable with respect 
to the individual during the special entitlement pe-
VerDate Aug 31 2005 
00:29 Jul 11, 2008
Jkt 069200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6457.IH
H6457
erowe on PRODPC61 with BILLS
riod of the individual shall be determined without re-
gard to whether the individual is able to engage in 
substantial gainful activity; 
‘‘(B) the amount of the benefit payable for any 
month during the special entitlement period shall 
not exceed the maximum benefit payable with re-
spect to the individual for the month, as determined 
under paragraph (4); and 
‘‘(C) the Commissioner shall not undertake a 
review of the individual’s disability during any 
month following a month in which such individual 
performs services from which the individual earns 
the greater of $350 or the dollar amount derived for 
the month for purposes of section 222(f)(1)(D) 
under section 222(f)(6). 
‘‘(2) For purposes of paragraph (1), the term ‘quali-
fying disabled individual’ means an individual who is an 
eligible individual for purposes of this title by reason of 
disability, and whose disability is based (in whole or in 
part) on a waxing and waning medical condition. 
‘‘(3) For purposes of paragraph (1), the special enti-
tlement period of an individual— 
‘‘(A) begins with the month in which the indi-
vidual becomes entitled to benefits under this title by 
reason of disability; and 
VerDate Aug 31 2005 
00:29 Jul 11, 2008
Jkt 069200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H6457.IH
H6457
erowe on PRODPC61 with BILLS
‘‘(B) ends with any month during which the 
Commissioner determines that the impairment on 
the basis of which such benefits are provided has 
ceased, does not exist, or is not disabling. 
‘‘(4) The amount of the benefit of a qualifying dis-
abled individual which is payable for any month under this 
title commencing with or after the 7th month for which 
the individual is eligible for benefits under this title by 
reason of such disability shall not exceed the amount of 
the benefit otherwise payable under this title, reduced (to 
not less than zero) by 2⁄3 of the individual’s excess trial 
earnings amount for the month. 
‘‘(5) For purposes of this subsection: 
‘‘(A) The term ‘waxing and waning medical 
condition’ means, in connection with an individual, 
any medical condition which, prior to the first month 
of eligibility of the individual for benefits under this 
title by reason of disability, has been certified to the 
Commissioner by a qualified physician as a condition 
which, in the case of such individual, may reasonably 
be expected to involve, in the absence of recovery, 
periods for which the individual will be able to en-
gage in substantial gainful activity interspersed 
among periods for which the individual will not, by 
reason of a lack of adequate and reasonably avail-
VerDate Aug 31 2005 
00:29 Jul 11, 2008
Jkt 069200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H6457.IH
H6457
erowe on PRODPC61 with BILLS
able assistive technology, be able to engage in sub-
stantial gainful activity. 
‘‘(B) The term ‘excess trial earnings’ of an indi-
vidual for any month has the meaning given the 
term in section 222(f)(5)(B). 
‘‘(C) The term ‘test period’ in connection with 
any month has the meaning given the term in sec-
tion 222(f)(5)(C). 
‘‘(D) The term ‘trial earnings threshold’ for a 
month has the meaning given the term in section 
222(f)(5)(D).’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to benefits payable for months 
beginning after the date of the enactment of this Act. 
Æ 
VerDate Aug 31 2005 
00:29 Jul 11, 2008
Jkt 069200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6301
E:\BILLS\H6457.IH
H6457
erowe on PRODPC61 with BILLS