I 
119TH CONGRESS 
2D SESSION 
H. R. 7104 
To amend title II of the Social Security Act to allow disabled individuals 
with incurable terminal illnesses listed on the Compassionate Allowance 
list to receive disability insurance benefits without a waiting period, 
to prohibit concurrent receipt of disability insurance benefits and unem-
ployment insurance, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 15, 2026 
Mrs. HARSHBARGER 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 allow disabled 
individuals with incurable terminal illnesses listed on the 
Compassionate Allowance list to receive disability insur-
ance benefits without a waiting period, to prohibit con-
current receipt of disability insurance benefits and unem-
ployment insurance, and for other purposes. 
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 ‘‘Immediate Access for 
the Terminally Ill Act’’. 
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SEC. 2. OPTION FOR DISABLED INDIVIDUALS WITH INCUR-
ABLE TERMINAL ILLNESSES LISTED ON THE 
COMPASSIONATE ALLOWANCE LIST TO RE-
CEIVE 
DISABILITY 
INSURANCE 
BENEFITS 
WITHOUT A WAITING PERIOD. 
(a) IN GENERAL.—Section 223 of the Social Security 
Act (42 U.S.C. 423) is amended— 
(1) in subsection (a)(1), in the matter following 
subparagraph (E)— 
(A) by inserting ‘‘and who files an applica-
tion for disability insurance benefits during the 
period that begins on December 22, 2020, and 
ends on the date that is 1 year after the date 
of enactment of the Immediate Access for the 
Terminally Ill Act’’ after ‘‘amyotrophic lateral 
sclerosis’’; and 
(B) by striking ‘‘, or (iii)’’ and inserting ‘‘, 
(iii) in the case of an individual who makes an 
election under subsection (k), for each month 
beginning with the first month during all of 
which the individual is under a disability and in 
which the individual becomes entitled to such 
insurance benefits, or (iv)’’; and 
(2) by adding at the end the following new sub-
section: 
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‘‘(k) OPTION
FOR DISABLED INDIVIDUALS WITH 
TERMINAL ILLNESSES TO RECEIVE DISABILITY INSUR-
ANCE BENEFITS WITHOUT A WAITING PERIOD.— 
‘‘(1) IN GENERAL.—An individual who is enti-
tled to a disability insurance benefit and has been 
diagnosed with a medical condition or disease that 
is included in the most recent list published by the 
Commissioner of Social Security under paragraph 
(2) may elect to receive such benefit beginning with 
the first month during all of which the individual is 
under a disability and in which the individual be-
comes entitled to such benefit. 
‘‘(2) PUBLICATION OF LIST.—Not later than 6 
months after the date of enactment of this sub-
section, and every 5 years thereafter, the Commis-
sioner of Social Security shall, through a formal 
rulemaking process in accordance with sections 556 
and 557 of title 5, United States Code, publish a list 
of medical conditions and diseases— 
‘‘(A) which are included in the most recent 
list of Compassionate Allowance Conditions 
published by the Social Security Administra-
tion; 
‘‘(B) for which the average life expectancy 
for all individuals diagnosed with such condition 
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or disease does not exceed 5 years from the 
date of diagnosis; and 
‘‘(C) for which there is no known cure. 
‘‘(3) REDUCTION IN BENEFIT AMOUNT.—If an 
individual described in paragraph (1) elects to re-
ceive a disability insurance benefit beginning with 
the first month during all of which the individual is 
under a disability and in which the individual be-
comes entitled to such benefit, the amount of such 
benefit for any month shall be equal to 93 percent 
of the amount otherwise determined for the indi-
vidual under subsection (a)(2) (after the application 
of sections 202(q) and 215(b)(2)(A)(ii)). 
‘‘(4) TIMING AND EFFECT OF ELECTION.—An 
individual may only make an election under this sub-
section at the time the individual files an application 
for a disability insurance benefit under subsection 
(b), and any election under this subsection shall be 
irrevocable.’’. 
(b) CONFORMING AMENDMENTS.—Section 223(a)(2) 
of the Social Security Act (42 U.S.C. 423(a)(2)) is amend-
ed— 
(1) by striking ‘‘section 202(q) and’’ and insert-
ing ‘‘subsection (k)(3), section 202(q), and’’; and 
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(2) in subparagraph (B), by striking ‘‘clause 
(ii) of paragraph (1)’’ and inserting ‘‘clause (ii), 
(iii), or (iv) of the matter following subparagraph 
(E) of paragraph (1)’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to applications for dis-
ability insurance benefits filed on or after the date that 
is 6 months after the date of enactment of this Act. 
SEC. 3. CONGRESSIONAL APPROVAL REQUIRED FOR ADDI-
TIONS 
TO 
COMPASSIONATE 
ALLOWANCE 
CONDITIONS LIST. 
Section 223(k) of the Social Security Act (42 U.S.C. 
423(k)) (as added by section 2 of this Act), is amended 
by adding at the end the following: 
‘‘(5) CONGRESSIONAL
APPROVAL
REQUIRED 
FOR
ADDITIONS
TO
COMPASSIONATE
ALLOWANCE 
CONDITIONS LIST.—Beginning on the date of enact-
ment of this subsection, no disease or medical condi-
tion may be added to the list of Compassionate Al-
lowance Conditions published by the Social Security 
Administration unless there is enacted into law a bill 
or joint resolution approving such addition.’’. 
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SEC. 4. PROHIBITION ON PAYMENT OF SOCIAL SECURITY 
DISABILITY BENEFITS BASED ON RECEIPT OF 
UNEMPLOYMENT COMPENSATION. 
(a) IN GENERAL.—Title II of the Social Security Act 
(42 U.S.C. 401 et seq.) is amended by inserting after sec-
tion 224 the following new section: 
‘‘PROHIBITION ON PAYMENT OF BENEFITS BASED ON 
RECEIPT OF UNEMPLOYMENT COMPENSATION 
‘‘SEC. 224A. (a) If for any month prior to the month 
in which an individual attains retirement age (as defined 
in section 216(l)(1))— 
‘‘(1) such individual is entitled to benefits 
under section 223, and 
‘‘(2) such individual is entitled for such month 
to unemployment compensation, 
the total of the individual’s benefits under section 223 for 
such month and of any benefits under subsections (b) 
through (h) of section 202 for such month based on the 
individual’s wages and self-employment income shall be re-
duced to zero. 
‘‘(b)(1) Notwithstanding any other provision of law, 
the head of any Federal agency shall provide such infor-
mation within its possession as the Commissioner may re-
quire for purposes of making a timely determination under 
this section for reduction of benefits payable under this 
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title, or verifying other information necessary in carrying 
out the provisions of this section. 
‘‘(2) The Commissioner is authorized to enter into 
agreements with States, political subdivisions, and other 
organizations that administer unemployment compensa-
tion, in order to obtain such information as the Commis-
sioner may require to carry out the provisions of this sec-
tion. 
‘‘(3) Any determination by the Commissioner pursu-
ant to this section shall be subject to the requirements 
described in section 205(b)(1), including provision of rea-
sonable notice and opportunity for a hearing. 
‘‘(c) For purposes of this section, the term ‘unem-
ployment compensation’ has the meaning given that term 
in section 85(b) of the Internal Revenue Code of 1986.’’. 
SEC. 5. INCREASING THE OVERPAYMENT COLLECTION 
THRESHOLD FOR OLD-AGE, SURVIVORS, AND 
DISABILITY INSURANCE BENEFITS. 
(a) IN GENERAL.—Section 204(a)(1)(A) of the Social 
Security Act (42 U.S.C. 404(a)(1)(A)) is amended— 
(1) by striking ‘‘With respect to’’ and ‘inserting 
‘‘(i) Subject to clause (ii), with respect to’’; and 
(2) by adding at the end the following new 
clause: 
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‘‘(ii) For purposes of clause (i), if the 
Commissioner of Social Security deter-
mines that decreasing a payment under 
this title to an individual by 100 percent 
would defeat the purpose of this title, the 
Commissioner may decrease such payment 
by a smaller amount, provided that such 
smaller amount is not less than 10 percent 
of the amount of such payment.’’. 
Æ 
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