I 
111TH CONGRESS 
1ST SESSION H. R. 2881 
To amend titles II and XVIII of the Social Security Act to waive certain 
waiting periods for Social Security disability and Medicare benefits in 
the case of a terminally ill, disabled individual. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 15, 2009 
Mr. ROGERS of Alabama (for himself, Mr. BACHUS, Mr. ADERHOLT, Mr. 
BONNER, Mr. GRIFFITH, Mr. BRIGHT, Mr. DAVIS of Alabama, Mr. GER-
LACH, Mrs. CHRISTENSEN, Mr. CARNEY, Mr. SMITH of New Jersey, and 
Mr. LANGEVIN) introduced the following bill; which was referred to the 
Committee on Ways and Means, and in addition to the Committee on En-
ergy and 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 titles II and XVIII of the Social Security Act 
to waive certain waiting periods for Social Security dis-
ability and Medicare benefits in the case of a terminally 
ill, disabled individual. 
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 ‘‘Kenny Callahan Act’’. 
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SEC. 2. WAIVER OF SOCIAL SECURITY DISABILITY WAITING 
PERIOD 
FOR 
BENEFITS 
BASED 
ON 
DIS-
ABILITY IN CASES OF TERMINALLY ILL BENE-
FICIARIES. 
(a) DISABILITY
INSURANCE
BENEFITS.—Section 
223(a) of the Social Security Act (42 U.S.C. 423(a)) is 
amended— 
(1) in paragraph (1), by inserting in the matter 
following subparagraph (E) ‘‘the individual meets 
the requirements of paragraph (3) or’’ after ‘‘but 
only if’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(3)(A) For purposes of paragraph (1), an individual 
meets the requirements of this paragraph if— 
‘‘(i) the impairment underlying a finding that 
the individual is under a disability results in his 
death prior to the end of the applicable period (as 
defined in subparagraph (B)), or 
‘‘(ii) in any case not described in clause (i)— 
‘‘(I) in the case in which the finding that 
the individual is under a disability is made be-
fore the end of the applicable period, the Com-
missioner determines that, at the time such 
finding is made, the impairment underlying 
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such finding is expected to result in the individ-
ual’s death prior to the end of such period, or 
‘‘(II) in the case in which such finding is 
made after the end of the applicable period, the 
Commissioner determines that, at any time dur-
ing such period, such impairment was expected 
to result in the individual’s death prior to the 
end of such period. 
‘‘(B) For purposes of subparagraph (A), the term 
‘applicable period’ means, in connection with any impair-
ment by reason of which an individual is under a dis-
ability, the period of six consecutive calendar months com-
mencing with the first calendar month commencing while 
such individual is under such disability.’’. 
(b) WIDOW’S INSURANCE BENEFITS BASED ON DIS-
ABILITY.—Section 202(e) of such Act (42 U.S.C. 402(e)) 
is amended— 
(1) in paragraph (1)(F)(ii), by inserting ‘‘she 
meets the requirements of paragraph (5)(C) or’’ 
after ‘‘but only if’’; and 
(2) in paragraph (5), by adding at the end the 
following new subparagraph: 
‘‘(C)(i) For purposes of paragraph (1)(F)(ii), an indi-
vidual meets the requirements of this subparagraph if— 
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‘‘(I) the impairment underlying a finding that 
she is under a disability results in her death prior 
to the end of the applicable period (as defined in 
clause (ii)), or 
‘‘(II) in any case not described in subclause 
(I)— 
‘‘(aa) in the case in which the finding that 
she is under a disability is made before the end 
of the applicable period, the Commissioner de-
termines that, at the time such finding is made, 
the impairment underlying such finding is ex-
pected to result in her death prior to the end 
of such period, or 
‘‘(bb) in the case in which such finding is 
made after the end of the applicable period, the 
Commissioner determines that, at any time dur-
ing such period, such impairment was expected 
to result in her death prior to the end of such 
period. 
‘‘(ii) For purposes of clause (i), the term ‘applicable 
period’ means, in connection with any impairment by rea-
son of which an individual is under a disability, the period 
of six consecutive calendar months commencing with the 
first calendar month commencing while such individual is 
under such disability.’’. 
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(c) WIDOWER’S INSURANCE BENEFITS BASED ON 
DISABILITY.—Section 202(f) of such Act (42 U.S.C. 
402(f)) is amended— 
(1) in paragraph (1)(F)(ii), by inserting ‘‘he 
meets the requirements of paragraph (5)(C) or’’ 
after ‘‘but only if’’; and 
(2) in paragraph (5), by adding at the end the 
following new subparagraph: 
‘‘(C)(i) For purposes of paragraph (1)(F)(ii), an indi-
vidual meets the requirements of this subparagraph if— 
‘‘(I) the impairment underlying a finding that 
he is under a disability results in his death prior to 
the end of the applicable period (as defined in clause 
(ii)), or 
‘‘(II) in any case not described in subclause 
(I)— 
‘‘(aa) in the case in which the finding that 
he is under a disability is made before the end 
of the applicable period, the Commissioner de-
termines that, at the time such finding is made, 
the impairment underlying such finding is ex-
pected to result in his death prior to the end of 
such period, or 
‘‘(bb) in the case in which such finding is 
made after the end of the applicable period, the 
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SEC. 3. WAIVER OF MEDICARE DISABILITY WAITING PE-
RIOD FOR BENEFITS BASED ON DISABILITY 
IN 
CASES 
OF 
TERMINALLY 
ILL 
BENE-
FICIARIES. 
(a) IN GENERAL.—Section 226 of the Social Security 
Act (42 U.S.C. 426) is amended— 
(1) by redesignating subsection (j) as sub-
section (k); and 
(2) by inserting after subsection (i) the fol-
lowing new subsection: 
‘‘(j)(1) With respect to an individual who meets the 
requirements of paragraph (2) and who would be entitled 
to benefits under subsection (b) but for the 24-month 
waiting period under subsection (b)(2), the following spe-
cial rules apply: 
‘‘(A) Subsection (b) shall be applied as if there 
were no requirement for any entitlement to benefits, 
or status, for a period longer than one month. 
‘‘(B) The entitlement under such subsection 
shall begin with the first month (rather than twenty- 
fifth month) of entitlement or status. 
‘‘(C) Subsection (f) shall not be applied. 
‘‘(2)(A) Subject to subparagraph (C), an individual 
meets the requirements of this paragraph if— 
‘‘(i) the impairment underlying a finding under 
this title that the individual is under a disability re-
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sults in the individual’s death before the end of the 
applicable period (as defined in subparagraph (B)); 
or 
‘‘(ii) in the case where such finding is made— 
‘‘(I) before the end of the applicable pe-
riod, the Commissioner determines that, at the 
time such finding is made, such impairment is 
expected to result in the individual’s death be-
fore the end of such period; or 
‘‘(II) after the end of such period, the 
Commissioner determines that, at any time dur-
ing such period, such impairment was expected 
to result in the individual’s death before the 
end of such period. 
‘‘(B) For purposes of subparagraph (A), the term 
‘applicable period’ means, in connection with any impair-
ment by reason of which an individual is under a dis-
ability, the period of 12 consecutive calendar months com-
mencing with the first calendar month commencing while 
such individual is under such disability. 
‘‘(C) An individual described in subparagraph (A) 
shall not continue to be treated as meeting the require-
ments of this paragraph after the end of the 12-month 
period described in subparagraph (B) unless, before the 
end of such period, the individual requests an extension 
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of such treatment and the Commissioner determines that 
the impairment involved is expected to result in the indi-
vidual’s death before the end of the 12-consecutive-month 
period immediately following the applicable period.’’. 
(b) CONFORMING AMENDMENT.—Section 1837 of 
such Act (42 U.S.C. 1395p) is amended by adding at the 
end the following new subsection: 
‘‘(l) In applying this section in the case of an indi-
vidual who is entitled to benefits under part A pursuant 
to the operation of section 226(j), the following special 
rules apply: 
‘‘(1) The initial enrollment period under sub-
section (d) shall begin on the first day of the first 
month in which the individual satisfies the require-
ment of section 1836(1). 
‘‘(2) In applying subsection (g)(1), the initial 
enrollment period shall begin on the first day of the 
first month of entitlement to disability insurance 
benefits referred to in such subsection.’’. 
SEC. 4. EFFECTIVE DATE. 
The amendments made by this Act shall apply with 
respect to applications filed on or after January 1, 2010. 
Æ 
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