I
107TH CONGRESS
1ST SESSION
H. R. 3133
To amend title II of the Social Security Act to authorize waivers by the
Commissioner of Social Security of the 5-month waiting period for enti-
tlement to benefits based on disability in cases in which the Commissioner
determines that such waiting period would cause undue hardship to
terminally ill beneficiaries.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 16, 2001
Mr. CANTOR 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 authorize
waivers by the Commissioner of Social Security of the
5-month waiting period for entitlement to benefits based
on disability in cases in which the Commissioner deter-
mines that such waiting period would cause undue hard-
ship to terminally ill beneficiaries.
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 ‘‘George Wray Memorial
Act of 2001’’.
SEC. 2. WAIVER OF 5-MONTH WAITING PERIOD FOR BENE-
FITS BASED ON DISABILITY IN CASES OF TER-
MINALLY ILL BENEFICIARIES.
(a) DISABILITY
INSURANCE
BENEFITS.—Section
223(a) of the Social Security Act (42 U.S.C. 423(a)) is
amended by adding at the end the following new para-
graph:
‘‘(3) The Commissioner of Social Security may waive
the application of the individual’s waiting period under
clause (i) in the first sentence of paragraph (1) if the
Commissioner determines that such individual would oth-
erwise be entitled to disability insurance benefits under
this section, that such individual is terminally ill, and that
the application of the waiting period would work an undue
hardship on such individual (as determined on the basis
of criteria established by the Commissioner). In the case
of any such waiver granted by the Commissioner with re-
spect to an individual, notwithstanding clauses (i) and (ii)
in the first sentence of paragraph (1), the individual shall
be entitled to disability insurance benefits for each month,
beginning with the first month during all of which such
individual is under a disability and in which such indi-
vidual would become so entitled to such insurance benefits
under such sentence but for such waiting period, and end-
ing as provided in paragraph (1). For purposes of this
paragraph, an individual is considered to be ‘terminally
ill’ if the individual has a medical prognosis that the indi-
vidual’s life expectancy is 6 months or less.’’.
(b) WIDOW’S INSURANCE BENEFITS BASED ON DIS-
ABILITY.—Section 202(e)(5) of such Act (42 U.S.C.
402(e)(5)) is amended by adding at the end the following
new subparagraph:
‘‘(C) The Commissioner of Social Security may waive
the application of the individual’s waiting period under
paragraph (1)(F)(i) if the Commissioner determines that
she would otherwise be entitled to widow’s insurance bene-
fits under this section, that she is terminally ill, and that
such application of the waiting period would work an
undue hardship on her (as determined on the basis of cri-
teria established by the Commissioner). In the case of any
such waiver granted by the Commissioner with respect to
an individual, notwithstanding clauses (i) and (ii) of para-
graph (1)(F), she shall be entitled to widow’s insurance
benefits for each month, beginning with the first month
during all of which she is under a disability and in which
she would become so entitled to such insurance benefits
under paragraph (1) but for such waiting period, and end-
ing as provided in paragraph (1). For purposes of this
subparagraph, an individual is considered to be ‘terminally
ill’ if the individual has a medical prognosis that the indi-
vidual’s life expectancy is 6 months or less.’’.
(c) WIDOWER’S INSURANCE BENEFITS BASED ON
DISABILITY.—Section 202(f)(6) of such Act (42 U.S.C.
402(f)(6)) is amended by adding at the end the following
new subparagraph:
‘‘(C) The Commissioner of Social Security may waive
the application of the individual’s waiting period under
paragraph (1)(F)(i) if the Commissioner determines that
he would otherwise be entitled to widower’s insurance ben-
efits under this section, that he is terminally ill, and that
such application would work an undue hardship on him
(as determined on the basis of criteria established by the
Commissioner). In the case of any such waiver granted
by the Commissioner with respect to an individual, not-
withstanding clauses (i) and (ii) of paragraph (1)(F), he
shall be entitled to widower’s insurance benefits for each
month, beginning with the first month during all of which
he is under a disability and in which he would become
so entitled to such insurance benefits under paragraph (1)
but for such waiting period, and ending as provided in
paragraph (1). For purposes of this subparagraph, an in-
dividual is considered to be ‘terminally ill’ if the individual
has a medical prognosis that the individual’s life expect-
ancy is 6 months or less.’’.
(d) COMMENCEMENT OF PERIOD OF DISABILITY.—
Section 216(i)(2)(A) of such Act (42 U.S.C. 416(i)(2)(A))
is amended—
(1) by inserting ‘‘(i)’’ after ‘‘(2)(A)’’;
(2) by inserting ‘‘(I)’’ after ‘‘but only if’’;
(3) by inserting ‘‘(II)’’ after ‘‘duration or’’; and
(4) by adding at the end the following new
clause:
‘‘(ii) The Commissioner of Social Security may waive
the application of the five-month requirement under clause
(i)(I) if the Commissioner determines that such individual
would otherwise be entitled to a period of disability under
this paragraph, that such individual is terminally ill, and
that the application of such five-month requirement would
work an undue hardship on such individual (as determined
on the basis of criteria established by the Commissioner).
For purposes of this clause, an individual is considered
to be ‘terminally ill’ if the individual has a medical prog-
nosis that the individual’s life expectancy is 6 months or
less.’’.
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 beginning after 90
days after the date of the enactment of this Act. 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 for months after 90 days after the
date of the enactment of this Act. The amendments made
by subsection (d) of section 2 of this Act shall apply only
with respect to applications for disability determinations
filed under title II of the Social Security Act after 90 days
after the date of the enactment of this Act.
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