I
107TH CONGRESS
1ST SESSION
H. R. 3265
To amend title II of the Social Security Act to eliminate the 5-month waiting
period which is presently required in order for an individual to be
eligible for benefits based on disability or for the disability freeze.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 8, 2001
Mr. PLATTS 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 which is presently required
in order for an individual to be eligible for benefits
based on disability or for the disability freeze.
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 ‘‘Social Security Dis-
ability Waiting Period Repeal Act of 2001’’.
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such Act is repealed.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),
(8), and (9) as paragraphs (5), (6), (7), and
(8), 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)) 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 (6); and
(B) by redesignating paragraphs (7), (8),
and (9) as paragraphs (6), (7), and (8), 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.
SEC. 3. EFFECTIVE DATES.
The amendments made by subsection (a) of section
2 of this Act 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) of section
2 of this Act shall apply only with respect to benefits based
on disability under subsection (e) or (f) of section 202 of
the Social Security Act (42 U.S.C. 402) for months after
the third month following the month in which this Act is
enacted. The amendment made by subsection (d) of sec-
tion 2 of this Act shall apply only with respect to applica-
tions 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.
Æ