I
104TH CONGRESS
1ST SESSION
H. R. 1665
To amend the Social Security Act to provide for findings of presumptive
disability under title II of such Act in the same manner and to the
same extent as is currently applicable under title XVI of such Act.
IN THE HOUSE OF REPRESENTATIVES
MAY 17, 1995
Mr. STARK introduced the following bill; which was referred to the Committee
on Ways and Means, and in addition to the Committee on 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 the Social Security Act to provide for findings
of presumptive disability under title II of such Act in
the same manner and to the same extent as is currently
applicable under title XVI of such Act.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 
1. 
FINDINGS 
OF 
PRESUMPTIVE 
DISABILITY
UNDER TITLE II OF THE SOCIAL SECURITY
ACT.
(a) IN GENERAL.—Section 221 of the Social Security
Act (42 U.S.C. 421) is amended by adding at the end the
following new subsection:
‘‘PRESUMPTIVE DISABILITY
‘‘(m)(1) The Secretary shall provide by regulation for
findings of whether an individual applying for benefits
under section 223 or benefits based on such individual’s
disability under section 202 is presumptively disabled.
Such findings shall be made in the same manner and
under the same disability standards as apply in finding
whether an individual applying for benefits under title
XVI is presumptively disabled under such title.
‘‘(2) If an individual applying for benefits under sec-
tion 223 or benefits based on such individual’s disability
under section 202 is found to be presumptively disabled
under the regulations prescribed pursuant to paragraph
(1) and is determined to meet the requirements for entitle-
ment to such benefits other than the requirement that the
individual be under a disability, the Secretary shall pay
such benefits to such individual for each month during the
period—
‘‘(A) beginning with the later of—
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‘‘(i) the month in which the finding of pre-
sumptive disability is made, or
‘‘(ii) the first month after the expiration of
the applicable waiting period (as defined in sec-
tion 223(c)(2), 202(e)(5)(A), or 202(f)(6)(A),
as applicable, as if the reference therein to ‘dis-
ability’ were a reference to ‘presumptive disabil-
ity’), and
‘‘(B) ending with the earlier of—
‘‘(i) the last month before the date of a de-
termination of whether the individual is dis-
abled, or
‘‘(ii) the last month of the 6-month period
beginning with the month described in subpara-
graph (A).
‘‘(3) An individual to whom a disability insurance
benefit is payable under paragraph (2) for any month shall
be treated as entitled to such benefit for such month for
purposes of determining entitlement of other persons to
benefits for such month under section 202 based on such
individual’s entitlement to such benefit.
‘‘(4) Any benefits paid to an individual under this
subsection for months prior to the determination of wheth-
er such individual is disabled, and benefits paid to another
person on the basis of the treatment of such individual
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as entitled to disability insurance benefits under para-
graph (3), shall in no event be considered overpayments
for purposes of section 204 solely because such individual
is determined not to be disabled.
‘‘(5)(A) Subject to subparagraph (B), a benefit shall
not be payable to any individual under this subsection or
section 1631(a)(4)(B) if such individual has been paid
benefits based on the presumptive disability or presump-
tive blindness of such individual for 6 months (irrespective
of whether the prior payments were made pursuant to this
subsection, section 1631(a)(4)(B), or any combination
thereof).
‘‘(B) For purposes of subparagraph (A), any benefits
paid under this subsection or section 1631(a)(4)(B) in
connection with a prior disability or blindness of such indi-
vidual shall be disregarded.’’.
(b) DETERMINATIONS OF MEDICAID ELIGIBILITY.—
Section 1634 of such Act (42 U.S.C. 1383c) is amended
by adding at the end the following new subsection:
‘‘(e)(1) Any individual who receives a benefit under
title II in any month on the basis of presumptive disability
pursuant to section 221(m) shall be deemed for purposes
of title XIX to be a recipient of a benefit under this title
in such month in any case in which he or she would be
eligible for such benefit under this title in such month if
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the amount of such benefit under title II received in such
month were disregarded.
‘‘(2) For purposes of paragraph (1), the term ‘benefit
under this title’ means a supplemental security income
benefit under this title, a State supplemental payment of
the type referred to in section 1616(a), and a payment
of the type described in section 212(a) of Public Law 93–
66.’’.
SEC. 2. EFFECTIVE DATE.
The amendments made by this Act shall apply with
respect to applications for benefits under title II of the
Social Security Act filed after the 180-day period following
the date of the enactment of this Act and may, at the
discretion of the Secretary of Health and Human Services,
apply to applications filed during such period.
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