I 
110TH CONGRESS 
1ST SESSION H. R. 2713 
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, and to provide for a study by the Commis-
sioner regarding possible improvements in disability claims processing. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 14, 2007 
Mr. PICKERING (for himself, Mr. POMEROY, 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, and to provide for 
a study by the Commissioner regarding possible improve-
ments in disability claims processing. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Joseph H. Seall Act 
of 2007’’. 
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 
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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 
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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 
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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.’’. 
(e) EFFECTIVE DATES.—The amendments made by 
subsection (a) shall apply only with respect to benefits 
under section 223 of the Social Security Act, or under sec-
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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) shall apply 
only with respect to benefits based on disability under sub-
section (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) shall 
apply only with respect to applications for disability deter-
minations filed under title II of the Social Security Act 
after 90 days after the date of the enactment of this Act. 
SEC. 3. STUDY REGARDING DISABILITY CLAIMS PROC-
ESSING. 
(a) IN GENERAL.—As soon as practicable after the 
date of the enactment of this Act, the Commissioner of 
Social Security shall undertake a study regarding the 
processing of claims for disability insurance benefits under 
section 223 of the Social Security Act, other benefits 
based on disability under section 202 of such Act, periods 
of disability under section 216(i) of such Act, and supple-
mental security income benefits based on disability under 
title XVI of such Act. 
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(b) MATTERS TO BE STUDIED.—In carrying out the 
study required under subsection (a), the Commissioner 
shall— 
(1) analyze the methods and procedures cur-
rently employed in making determinations regarding 
claims described in subsection (a), including methods 
and procedures employed by State agencies and the 
Social Security Administration under section 221 of 
such Act, and 
(2) compare such methods and procedures to 
the methods and procedures currently employed by 
other Federal and State agencies and disability ben-
efit providers in the private sector regarding claims 
for disability benefits under programs administered 
by such agencies and providers. 
(c) REPORT.—Not later than 120 days after the date 
of the enactment of this Act, the Commissioner shall re-
port to the Committee on Ways and Means of the House 
of Representatives and the Committee on Finance of the 
Senate the Commissioner’s recommendations regarding 
possible improvements in the methods and procedures re-
ferred to in subsection (b)(1) (including methods and pro-
cedures that would expedite the disability determination 
process as a means of remedying the current backlog in 
the processing of claims described in subsection (a)) based 
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on the comparisons made pursuant to subsection (b)(2), 
together with such recommendations for legislative 
changes as the Commissioner may consider necessary or 
appropriate to facilitate such improvements. 
Æ 
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