I 
114TH CONGRESS 
2D SESSION 
H. R. 5347 
To provide for phased-in payment of Social Security Disability Insurance 
payments during the waiting period for individuals with a terminal illness. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 26, 2016 
Mr. RODNEY DAVIS of Illinois (for himself and Mr. KIND) introduced the 
following bill; which was referred to the Committee on Ways and Means 
A BILL 
To provide for phased-in payment of Social Security Dis-
ability Insurance payments during the waiting period 
for individuals with a terminal illness. 
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 Fairness Act of 2016’’. 
SEC. 2. PHASED-IN PAYMENT OF SSDI BENEFITS DURING 
THE WAITING PERIOD FOR THE TERMINALLY 
ILL. 
(a) IN GENERAL.—Section 223 of the Social Security 
Act (42 U.S.C. 423) is amended— 
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(1) in subsection (a)— 
(A) in paragraph (1), in the matter fol-
lowing subparagraph (E), by striking ‘‘or (ii)’’ 
and inserting ‘‘(ii) subject to paragraph (2)(B), 
for each month beginning with the first month 
during all of which the individual is determined 
under subparagraph (D) of subsection (d)(2) to 
be under a disability and in which he becomes 
so entitled to such insurance benefits, or (iii)’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A), by striking 
‘‘or’’ at the end; 
(ii) by redesignating subparagraph 
(B) as subparagraph (C); 
(iii) in subparagraph (C), as so redes-
ignated, by striking ‘‘(ii)’’ and inserting 
‘‘(iii)’’; and 
(iv) by inserting after subparagraph 
(A) the following new subparagraph: 
‘‘(B) in any case in which clause (ii) of para-
graph (1) of this subsection is applicable, the first 
month for which the individual becomes entitled to 
such disability insurance benefits, subject to the 
phase-in percentage period described in paragraph 
(3)(A), or’’; and 
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(C) by adding at the end the following new 
paragraph: 
‘‘(3)(A) For purposes of paragraph (2)(B), in any 
case in which clause (ii) of paragraph (1) of this sub-
section is applicable, an individual’s disability insurance 
benefit for the earliest period of consecutive calendar 
months throughout which the individual has been entitled 
to such insurance benefits shall be equal to the product 
of the benefit amount determined under paragraph (2)(B) 
(as determined before application of this paragraph) 
and— 
‘‘(i) for the first calendar month, 50 percent; 
‘‘(ii) for the second calendar month, 75 percent; 
and 
‘‘(iii) for each subsequent calendar month 
through the twelfth calendar month, 100 percent. 
‘‘(B) If an individual who has been determined under 
subparagraph (D) of subsection (d)(2) to be under a dis-
ability has been entitled to a disability insurance benefit 
on such basis for 12 consecutive calendar months, the in-
dividual’s disability insurance benefit for any month dur-
ing the subsequent period of 12 consecutive calendar 
months shall be equal to— 
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‘‘(i) the benefit amount determined under para-
graph (2)(B) (as determined before application of 
subparagraph (A)); minus 
‘‘(ii) the quotient obtained by dividing the total 
amount of disability insurance benefits provided to 
the individual during the earliest period of five con-
secutive calendar months for which the individual 
was entitled to such benefits on such basis by 12. 
‘‘(C) If an individual who has been determined under 
subparagraph (D) of subsection (d)(2) to be under a dis-
ability has been entitled to a disability insurance benefit 
on such basis for 24 consecutive calendar months, the in-
dividual’s disability insurance benefit for any subsequent 
month shall be equal to 95 percent of the benefit amount 
determined under paragraph (2)(B) (as determined before 
application of subparagraphs (A) and (B)).’’; and 
(2) in subsection (d)(2), by adding at the end 
the following: 
‘‘(D) For purposes of clause (ii) of paragraph 
(1) of subsection (a), an individual shall be deter-
mined to be under a disability upon submission of a 
diagnosis of a terminal illness (as defined in section 
1861(dd)(3)(A)) that has been certified by not less 
than 2 physicians (as defined in section 1861(r)(1)) 
who are not related (as defined in section 267(c)(4) 
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of the Internal Revenue Code) and are not in the 
same physician group practice.’’. 
(b) REPORTS TO CONGRESS.— 
(1) REPORT BY SOCIAL SECURITY ADMINISTRA-
TION.—Not later than 12 months after the date of 
the enactment of this Act, and each year thereafter, 
the Commissioner of Social Security, in coordination 
with the Inspector General of the Social Security 
Administration, shall submit to the relevant commit-
tees of Congress a report that evaluates the provi-
sion of disability insurance benefits to terminally ill 
individuals, including— 
(A) the total number of individuals who— 
(i) filed applications for disability in-
surance benefits (as determined under sec-
tion 223(a)(3) of the Social Security Act) 
based on a diagnosis of a terminal illness; 
(ii) receive such benefits; 
(iii) die within 6 months of first re-
ceiving such benefits; 
(iv) die within 12 months of first re-
ceiving such benefits; 
(v) receive such benefits during the 
period described in section 223(a)(3)(B) of 
the Social Security Act; and 
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(vi) receive such benefits during the 
period described in section 223(a)(3)(C) of 
the Social Security Act; 
(B) the total amount expended, including 
related administrative expenses, for the provi-
sion of disability insurance benefits under sec-
tion 223(a)(3) of the Social Security Act to in-
dividuals diagnosed with a terminal illness; and 
(C) recommendations for such legislation 
and administrative actions as are determined 
appropriate for preventing fraud, waste, and 
abuse related to such benefits. 
(2) REPORT BY GOVERNMENT ACCOUNTABILITY 
OFFICE.—Not later than 4 years after the date of 
the enactment of this Act, the Comptroller General 
of the United States shall submit a report to the rel-
evant committees of Congress that evaluates the pro-
vision of disability insurance benefits to terminally ill 
individuals and provides recommendations for such 
legislation and administrative actions as are deter-
mined appropriate to improve the provision of such 
benefits to such individuals. 
(c) EFFECTIVE DATE; SUNSET.— 
(1) IN GENERAL.—Subject to paragraph (2), 
the amendments made by this section shall apply to 
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