I 
109TH CONGRESS 
1ST SESSION H. R. 2799 
To amend title II of the Social Security Act to authorize waivers by the 
Commissioner of Social Security of the 5-month waiting period for enti-
tlement to benefits based on disability in cases in which the Commissioner 
determines that such waiting period would cause undue hardship to 
terminally ill beneficiaries. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 8, 2005 
Mr. BRADLEY of New Hampshire (for himself and Mr. CANTOR) 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 authorize 
waivers by the Commissioner of Social Security of the 
5-month waiting period for entitlement to benefits based 
on disability in cases in which the Commissioner deter-
mines that such waiting period would cause undue hard-
ship to terminally ill beneficiaries. 
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 ‘‘Rachel Granger Act 
of 2005’’.
SEC. 2. WAIVER OF 5–MONTH WAITING PERIOD FOR BENE-
FITS BASED ON DISABILITY IN CASES OF TER-
MINALLY ILL BENEFICIARIES. 
(a) DISABILITY
INSURANCE
BENEFITS.—Section 
223(a) of the Social Security Act (42 U.S.C. 423(a)) is 
amended by adding at the end the following new para-
graph: 
‘‘(3) The Commissioner of Social Security may waive 
the application of the individual’s waiting period under 
clause (i) in the first sentence of paragraph (1) if the 
Commissioner determines that such individual would oth-
erwise be entitled to disability insurance benefits under 
this section, that such individual is terminally ill, and that 
the application of the waiting period would work an undue 
hardship on such individual (as determined on the basis 
of criteria established by the Commissioner). In the case 
of any such waiver granted by the Commissioner with re-
spect to an individual, notwithstanding clauses (i) and (ii) 
in the first sentence of paragraph (1), the individual shall 
be entitled to disability insurance benefits for each month, 
beginning with the first month during all of which such 
individual is under a disability and in which such indi-
vidual would become so entitled to such insurance benefits 
under such sentence but for such waiting period, and end-
ing as provided in paragraph (1). For purposes of this 
paragraph, an individual is considered to be ‘terminally
ill’ if the individual has a medical prognosis that the indi-
vidual’s life expectancy is 6 months or less.’’. 
(b) WIDOW’S INSURANCE BENEFITS BASED ON DIS-
ABILITY.—Section 202(e)(5) of such Act (42 U.S.C. 
402(e)(5)) is amended by adding at the end the following 
new subparagraph: 
‘‘(C) The Commissioner of Social Security may waive 
the application of the individual’s waiting period under 
paragraph (1)(F)(i) if the Commissioner determines that 
she would otherwise be entitled to widow’s insurance bene-
fits under this section, that she is terminally ill, and that 
such application of the waiting period would work an 
undue hardship on her (as determined on the basis of cri-
teria established by the Commissioner). In the case of any 
such waiver granted by the Commissioner with respect to 
an individual, notwithstanding clauses (i) and (ii) of para-
graph (1)(F), she shall be entitled to widow’s insurance 
benefits for each month, beginning with the first month 
during all of which she is under a disability and in which 
she would become so entitled to such insurance benefits 
under paragraph (1) but for such waiting period, and end-
ing as provided in paragraph (1). For purposes of this 
subparagraph, an individual is considered to be ‘terminally 
ill’ if the individual has a medical prognosis that the indi-
vidual’s life expectancy is 6 months or less.’’.
(c) WIDOWER’S INSURANCE BENEFITS BASED ON 
DISABILITY.—Section 202(f)(6) of such Act (42 U.S.C. 
402(f)(6)) is amended by adding at the end the following 
new subparagraph: 
‘‘(C) The Commissioner of Social Security may waive 
the application of the individual’s waiting period under 
paragraph (1)(F)(i) if the Commissioner determines that 
he would otherwise be entitled to widower’s insurance ben-
efits under this section, that he is terminally ill, and that 
such application would work an undue hardship on him 
(as determined on the basis of criteria established by the 
Commissioner). In the case of any such waiver granted 
by the Commissioner with respect to an individual, not-
withstanding clauses (i) and (ii) of paragraph (1)(F), he 
shall be entitled to widower’s insurance benefits for each 
month, beginning with the first month during all of which 
he is under a disability and in which he would become 
so entitled to such insurance benefits under paragraph (1) 
but for such waiting period, and ending as provided in 
paragraph (1). For purposes of this subparagraph, an in-
dividual is considered to be ‘terminally ill’ if the individual 
has a medical prognosis that the individual’s life expect-
ancy is 6 months or less.’’.
(d) COMMENCEMENT OF PERIOD OF DISABILITY.— 
Section 216(i)(2)(A) of such Act (42 U.S.C. 416(i)(2)(A)) 
is amended— 
(1) by inserting ‘‘(i)’’ after ‘‘(2)(A)’’; 
(2) by inserting ‘‘(I)’’ after ‘‘but only if’’; 
(3) by inserting ‘‘(II)’’ after ‘‘duration or’’; and 
(4) by adding at the end the following new 
clause: 
‘‘(ii) The Commissioner of Social Security may waive 
the application of the five-month requirement under clause 
(i)(I) if the Commissioner determines that such individual 
would otherwise be entitled to a period of disability under 
this paragraph, that such individual is terminally ill, and 
that the application of such five-month requirement would 
work an undue hardship on such individual (as determined 
on the basis of criteria established by the Commissioner). 
For purposes of this clause, an individual is considered 
to be ‘terminally ill’ if the individual has a medical prog-
nosis that the individual’s life expectancy is 6 months or 
less.’’. 
SEC. 3. EFFECTIVE DATES. 
The amendments made by subsection (a) of section 
2 of this Act shall apply only with respect to benefits 
under section 223 of the Social Security Act, or under sec-
tion 202 of such Act on the basis of the wages and self-
employment income of an individual entitled to benefits 
under such section 223, for months beginning after 90 
days after the date of the enactment of this Act. The 
amendments made by subsections (b) and (c) of section 
2 of this Act shall apply only with respect to benefits based 
on disability under subsection (e) or (f) of section 202 of 
the Social Security Act for months after 90 days after the 
date of the enactment of this Act. The amendments made 
by subsection (d) of section 2 of this Act shall apply only 
with respect to applications for disability determinations 
filed under title II of the Social Security Act after 90 days 
after the date of the enactment of this Act. 
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