I 
109TH CONGRESS 
1ST SESSION 
H. R. 308 
To amend title II of the Social Security Act to eliminate the 5-month waiting 
period for entitlement to disability benefits and to eliminate reconsider-
ation as an intervening step between initial benefit entitlement decisions 
and subsequent hearings on the record on such decisions. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 25, 2005 
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 inter-
vening step between initial benefit entitlement decisions 
and subsequent hearings on the record on such decisions. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Disability Benefit 
Fairness Act of 2005’’.
SEC. 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 (42 U.S.C. 
423(a)(1)) is amended by striking ‘‘(i) for each 
month’’ and all that follows through ‘‘the first 
month in which he is under such disability’’ and in-
serting the following: ‘‘for each month beginning 
with the first month during all of which such indi-
vidual is under a disability and in which such indi-
vidual becomes so entitled to such insurance bene-
fits’’. 
(2) WAITING PERIOD ELIMINATED FROM DE-
TERMINATION 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 
all that follows through ‘‘and as though’’ and 
inserting the following: ‘‘in the first month for 
which such individual becomes entitled to such 
disability insurance benefits, and as though’’. 
(B) CONFORMING AMENDMENT.—The sec-
ond sentence of section 223(a)(2) of such Act 
(42 U.S.C. 423(a)(2)) is amended by striking 
‘‘subparagraph (A) or (B) of such sentence, as
the case may be’’ and inserting ‘‘such sen-
tence’’. 
(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such Act is repealed.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)) is amended to 
read as follows: ‘‘Definition of Insured Sta-
tus’’. 
(ii) Section 223(c)(1) of such Act (42 
U.S.C. 423(c)(1)) is amended by striking 
‘‘For purposes of subparagraph (B) of this 
paragraph, when the number of quarters’’ 
in the last sentence and inserting the fol-
lowing: 
‘‘(2) In applying paragraph (1)(B), when the 
number of quarters’’. 
(b) WIDOW’S INSURANCE BENEFITS BASED ON DIS-
ABILITY.— 
(1) IN GENERAL.—Section 202(e)(1)(F) of such 
Act (42 U.S.C. 402(e)(1)(F)) is amended to read as 
follows: 
‘‘(F) if she satisfies subparagraph (B) by rea-
son 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)) is amended— 
(A) by striking paragraph (5); and 
(B) by redesignating paragraphs (6), (7), 
and (8) as paragraphs (5), (6), and (7), respec-
tively. 
(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)) is amended to read as 
follows: 
‘‘(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 be-
comes so entitled to such insurance benefits,’’. 
(2) ELIMINATION OF DEFINED TERM.—Section 
202(f) of such Act (42 U.S.C. 402(f)) is amended— 
(A) by striking paragraph (5); and 
(B) by redesignating paragraphs (6), (7), 
and (8) as paragraphs (5), (6), and (7), respec-
tively. 
(d) ELIMINATION OF WAITING PERIOD FOR COM-
MENCEMENT
OF
PERIODS
OF
DISABILITY.—Section
216(i)(2)(A) of such Act (42 U.S.C. 416(i)(2)(A)) is 
amended by striking ‘‘, but only’’ and all that follows and 
inserting a period. 
(e) EFFECTIVE DATES.—The amendments made by 
subsection (a) shall apply only with respect to benefits 
under section 223 of the Social Security Act, or under sec-
tion 202 of such Act on the basis of the wages and self- 
employment income of an individual entitled to benefits 
under such section 223, for months after the third month 
following the month in which this Act is enacted. The 
amendments made by subsections (b) and (c) shall apply 
only with respect to benefits based on disability under sub-
section (e) or (f) of section 202 of the Social Security Act 
(42 U.S.C. 402) for months after the third month fol-
lowing the month in which this Act is enacted. The amend-
ment made by subsection (d) shall apply only with respect 
to applications for disability determinations filed under 
title II of the Social Security Act on or after the 90th 
day following the date of the enactment of this Act. 
SEC. 3. ELIMINATION OF RECONSIDERATION IN THE RE-
VIEW 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)) is amended by adding 
at the end the following new sentence: ‘‘Opportunity for
a hearing under this title in accordance with this sub-
section with respect to any initial decision or determina-
tion under this title shall be available without any require-
ment 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 para-
graph (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 Secu-
rity Act) issued after 1 year after the date of the enact-
ment of this Act. 
Æ