‘‘(i) the average amount earned by such in-
dividual from services performed each month 
during the most recent test period commencing 
with or after the first month of the such indi-
vidual’s special entitlement period, over 
‘‘(ii) the trial earnings threshold for such 
month. 
‘‘(C) The term ‘test period’ in connection with 
any month means the period of the first 3 calendar 
months of the period of 6 calendar months imme-
diately preceding such month. 
‘‘(D) The term ‘trial earnings threshold’ for a 
month means the greater of $580 or the product de-
rived for the month for purposes of this subpara-
graph under paragraph (6). 
‘‘(6) The product derived under this paragraph for 
any month for purposes of subparagraph (D) of paragraph 
(1) or subparagraph (D) of paragraph (5) is the product 
derived by multiplying the dollar amount specified in such 
subparagraph by the ratio of— 
‘‘(A) the national average wage index (as de-
fined in section 209(k)(1)) for the first of the 2 pre-
ceding calendar years, to 
‘‘(B) the national average wage index (as so de-
fined) for calendar year 2003.
Any such product which is not a multiple of $10 shall be 
rounded to the next higher multiple of $10 where such 
product is a multiple of $5 but not of $10 and to the near-
est multiple of $10 in any other case. The Secretary shall 
determine and publish the trial earnings threshold for 
each month in November of the preceding calendar year.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) TERMINATION MONTH.— 
(A) Section 223(a)(1) of such Act (42 
U.S.C. 423(a)(1)) is amended by inserting, 
after the first full sentence beginning in the 
matter following subparagraph (E), the fol-
lowing new sentence: ‘‘The termination month 
of a qualifying disabled individual (as defined in 
section 222(f)(2)) shall be determined under 
section 222(f)(1)(A).’’. 
(B) Section 202(d)(1)(G)(i) of such Act 
(42 U.S.C. 402(d)(1)(G)(i)) is amended by 
striking ‘‘activity)’’ and inserting ‘‘activity, and, 
in the case of a qualifying disabled individual 
(as defined in section 222(f)(2)), the termi-
nation month shall be the month determined 
under section 222(f)(1)(A))’’. 
(C) Section 202(e)(1) of such Act (42 
U.S.C. 402(e)(1)) is amended by inserting,
after the first full sentence beginning in the 
matter following subparagraph (F)(ii), the fol-
lowing new sentence: ‘‘The termination month 
of a qualifying disabled individual (as defined in 
section 222(f)(2)) shall be determined under 
section 222(f)(1)(A).’’. 
(D) Section 202(f)(1) of such Act (42 
U.S.C. 402(f)(1)) is amended by inserting, after 
the first full sentence beginning in the matter 
following subparagraph (F)(ii), the following 
new sentence: ‘‘The termination month of a 
qualifying disabled individual (as defined in sec-
tion 222(f)(2)) shall be determined under sec-
tion 222(f)(1)(A).’’. 
(2) CONFORMING
AMENDMENT
TO
CURRENT 
RULES REGARDING SUBSTANTIAL GAINFUL ACTIVITY 
BY OTHER INDIVIDUALS DURING EXTENDED PERI-
ODS OF ELIGIBILITY.—Section 223(e)(1) of such Act 
(42 U.S.C. 423(e)(1)) is amended by striking ‘‘No 
benefit’’ and inserting ‘‘In the case of an individual 
other than a qualifying disabled individual (as de-
fined in section 222(f)(2)), no benefit’’, and by strik-
ing ‘‘to an individual’’ and inserting ‘‘to such indi-
vidual’’.
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to individuals who are 
entitled to disability insurance benefits under section 223 
of the Social Security Act, child’s insurance benefits under 
section 202(d) of such Act (based on the individual’s dis-
ability), or wife’s or husband’s insurance benefits under 
subsection (b) or (c) of section 202 of such Act (based 
on the individual’s disability) on or after the date of the 
enactment of this Act and whose trial work period in con-
nection with such entitlement has not terminated as of 
such date. 
SEC. 3. AMENDMENT TO TITLE XVI OF THE SOCIAL SECU-
RITY ACT. 
(a) IN GENERAL.—Section 1611 of the Social Secu-
rity Act (42 U.S.C. 1382) is amended by adding at the 
end the following new subsection: 
‘‘Special Rules for Disability Benefit Based on Waxing 
and Waning Medical Condition 
‘‘(j)(1) In the case of any qualifying disabled indi-
vidual— 
‘‘(A) the extent to which a benefit under this 
title by reason of disability is payable with respect 
to the individual during the special entitlement pe-
riod of the individual shall be determined without re-