I
107TH CONGRESS
1ST SESSION
H. R. 344
To amend titles II and XVIII of the Social Security Act to eliminate the
5-month waiting period which is presently required in order for an
individual to be eligible for benefits based on disability or for the dis-
ability freeze and to eliminate the 24-month waiting period for disabled
individuals to become eligible for medicare benefits.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 31, 2001
Mr. FRANK introduced the following bill; which was referred to the Committee
on Ways and Means, and in addition to the Committees on Energy and
Commerce, and Transportation and Infrastructure, 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 con-
cerned
A BILL
To amend titles II and XVIII of the Social Security Act
to eliminate the 5-month waiting period which is pres-
ently required in order for an individual to be eligible
for benefits based on disability or for the disability freeze
and to eliminate the 24-month waiting period for dis-
abled individuals to become eligible for medicare benefits.
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 Waiting Period Elimination Act of 2001’’.
SEC. 2. ELIMINATION OF 5-MONTH WAITING PERIOD FOR
BENEFITS BASED ON DISABILITY.
(a) DISABILITY INSURANCE BENEFITS.—
(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’’.
(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,’’.
(2) ELIMINATION OF DEFINED TERM.—Section
202(e) of such Act (42 U.S.C. 402(e)) is amended—
(A) by striking paragraph (5); and
(B) by redesignating paragraphs (6), (7),
(8), and (9) as paragraphs (5), (6), (7), and
(8), respectively.
(c) WIDOWER’S INSURANCE BENEFITS BASED ON
DISABILITY.—
(1) IN GENERAL.—Section 202(f)(1)(F) of such
Act (42 U.S.C. 402(f)(1)(F)) is amended to read as
follows:
‘‘(F) if he satisfies subparagraph (B) by reason
of clause (ii) thereof, the first month during all of
which he is under a disability and in which he be-
comes so entitled to such insurance benefits,’’.
(2) ELIMINATION OF DEFINED TERM.—Section
202(f) of such Act (42 U.S.C. 402(f)) is amended—
(A) by striking paragraph (6); and
(B) by redesignating paragraphs (7), (8),
and (9) as paragraphs (6), (7), and (8), respec-
tively.
SEC. 3. ELIMINATION OF WAITING PERIOD FOR COM-
MENCEMENT OF PERIODS OF DISABILITY.
Section 216(i)(2)(A) of the Social Security Act (42
U.S.C. 416(i)(2)(A)) is amended by striking ‘‘, but only’’
and all that follows and inserting a period.
SEC. 4. 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,’’;
(3) in paragraph (2)(C)(ii), by striking ‘‘, in-
cluding the requirement that he has been entitled to
the specified benefits for 24 months,’’;
(4) in the first sentence, by striking ‘‘for each
month beginning with the later of (I) July 1973 or
(II) the twenty-fifth month of his entitlement or sta-
tus as a qualified railroad retirement beneficiary de-
scribed in paragraph (2), and’’ and inserting ‘‘for
each month for which the individual satisfies para-
graph (2), beginning with the first month in which
the individual satisfies such paragraph, and’’;
(5) in the second sentence, by striking ‘‘the
‘twenty-fifth month of his entitlement’ ’’ and all that
follows through ‘‘paragraph (2)(C) and’’; and
(6) in the third sentence, by striking ‘‘, but not
in excess of 24 such months’’.
(b) CONFORMING AMENDMENT.—
(1) SECTION 226.—Section 226 of the Social
Security Act (42 U.S.C. 426) is amended by striking
subsection (f).
(2) MEDICARE DESCRIPTION.—Section 1811(2)
of such Act (42 U.S.C. 1395c(2)) is amended by
striking ‘‘have been entitled for not less than 24
months’’ and inserting ‘‘are entitled’’.
(3) MEDICARE COVERAGE.—Section 1837(g)(1)
of such Act (42 U.S.C. 1395p(g)(1)) is amended by
striking ‘‘25th month’’ and inserting ‘‘first month’’.
(4) RAILROAD RETIREMENT SYSTEM.—Section
7(d)(2)(ii) of the Railroad Retirement Act of 1974
(45 U.S.C. 231f(d)(2)(ii)) is amended—
(A) by striking ‘‘has been entitled to an
annuity’’ and inserting ‘‘is entitled to an annu-
ity’’;