I 
111TH CONGRESS 
1ST SESSION H. R. 2263 
To amend title II of the Social Security Act to eliminate the waiting periods 
for people with disabilities for entitlement to disability benefits and 
Medicare, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 5, 2009 
Ms. SUTTON 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 waiting periods for people with disabilities for entitle-
ment to disability benefits and Medicare, and for other 
purposes. 
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 Equity Act’’. 
SEC. 2. ELIMINATION OF 5-MONTH WAITING PERIOD FOR 
BENEFITS BASED ON DISABILITY. 
(a) DISABILITY INSURANCE BENEFITS.— 
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(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’’. 
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(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such Act is repealed.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,’’. 
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amended by striking ‘‘, but only’’ and all that follows and 
inserting a period. 
(e) EFFECTIVE DATES.—The amendments made by 
subsection (a) shall apply with respect to benefits under 
section 223 of the Social Security Act, or under section 
202 of such Act on the basis of the wages and self-employ-
ment income of an individual entitled to benefits under 
such section 223, for months following the month in which 
this Act is enacted. The amendments made by subsections 
(b) and (c) shall apply 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 following 
the month in which this Act is enacted. The amendment 
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 date of the 
enactment of this Act. 
SEC. 3. ELIMINATION OF WAITING PERIOD FOR MEDICARE 
DISABILITY BENEFITS. 
(a) IN GENERAL.—Section 226(b) of the Social Secu-
rity Act (42 U.S.C. 426(b)) is amended— 
(1) in paragraph (2)(A), by striking ‘‘, and has 
for 24 calendar months been entitled to,’’; 
(2) in paragraph (2)(B), by striking ‘‘, and has 
been for not less than 24 months,’’; 
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(3) in paragraph (2)(C)(ii), by striking ‘‘, in-
cluding the requirement that he has been entitled to 
the specified benefits for 24 months,’’; and 
(4) in the flush matter following paragraph 
(2)(C)(ii)(II)— 
(A) in the matter before the first complete 
sentence, by striking ‘‘for each month beginning 
with the later of (I) July 1973 or (II) the twen-
ty-fifth month of his’’ and inserting ‘‘for each 
month beginning with the first month of the in-
dividual’s’’; 
(B) in the first complete sentence, by strik-
ing ‘‘the ‘twenty-fifth month of his entitlement’ 
refers to the first month after the twenty-fourth 
month of entitlement to specified benefits re-
ferred to in paragraph (2)(C) and’’ and insert-
ing ‘‘the ‘first month of the individual’s entitle-
ment’ refers to the first month of entitlement to 
specified benefits referred to in paragraph 
(2)(C) and’’; and 
(C) in the second complete sentence, by 
striking ‘‘, but not in excess of 78 such 
months’’. 
(b) CONFORMING AMENDMENTS.— 
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(1) Subsections (f) and (h) of section 226 of 
the Social Security Act (42 U.S.C. 426) are re-
pealed. 
(2) Section 1811(2) of such Act (42 U.S.C. 
1395c(2)) is amended by striking ‘‘who have been 
entitled for not less than 24 months’’ and inserting 
‘‘who are entitled’’. 
(3) Section 1837(g)(1) of such Act (42 U.S.C. 
1395p(g)(1)) is amended by striking ‘‘of the later of 
(A) April 1973 or (B) the third month before the 
25th month of such entitlement’’ and inserting ‘‘of 
the first month of such entitlement’’. 
(4) Section 7(d)(2)(ii) of the Railroad Retire-
ment Act of 1974 (45 U.S.C. 231f(d)(2)(ii)) is 
amended— 
(A) by striking ‘‘, for not less than 24 
months’’; and 
(B) by striking ‘‘could have been entitled 
for 24 calendar months, and could currently be 
entitled,’’ and inserting ‘‘could currently be en-
titled’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to insurance benefits under title 
XVIII of the Social Security Act with respect to items and 
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services furnished in months beginning after the date of 
the enactment of this Act. 
Æ 
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