Title: Immediate Access for the Terminally Ill Act
Policy area: Social Welfare

Summary:
Immediate Access for the Terminally Ill Act
This bill makes various changes to Social Security benefits, including to expedite disability benefit payments to individuals with certain terminal diseases or medical conditions.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3707 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 3707

    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 unemployment insurance, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 28, 2022

    Mr. Lee introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 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 insurance benefits 
without a waiting period, to prohibit concurrent receipt of disability 
 insurance benefits and unemployment insurance, and for other purposes.

    Be it enacted by the Senate and House of Representatives 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''.

SEC. 2. OPTION FOR DISABLED INDIVIDUALS WITH INCURABLE TERMINAL 
              ILLNESSES LISTED ON THE COMPASSIONATE ALLOWANCE LIST TO 
              RECEIVE 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 application 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 subsection:
    ``(k) Option for Disabled Individuals With Terminal Illnesses To 
Receive Disability Insurance Benefits Without a Waiting Period.--
            ``(1) In general.--An individual who is entitled 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 becomes entitled 
        to such benefit.
            ``(2) Publication of list.--Not later than 6 months after 
        the date of enactment of this subsection, and every 5 years 
        thereafter, the Commissioner 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 Administration;
                    ``(B) for which the average life expectancy for all 
                individuals diagnosed with such condition 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 receive a disability 
        insurance benefit beginning with the first month during all of 
        which the individual is under a disability and in which the 
        individual becomes 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 individual 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 subsection 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 amended--
            (1) by striking ``section 202(q) and'' and inserting 
        ``subsection (k)(3), section 202(q), and''; and
            (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 disability insurance benefits 
filed on or after the date that is 6 months after the date of the 
enactment of this Act.

SEC. 3. CONGRESSIONAL APPROVAL REQUIRED FOR ADDITIONS TO COMPASSIONATE 
              ALLOWANCE CONDITIONS LIST.

    Beginning on the date of enactment of this Act, no disease or 
medical condition may be added to the Compassionate Allowance list that 
is compiled and maintained by the Social Security Administration unless 
there is enacted into law a bill or joint resolution approving such 
addition.

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 section 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 reduced to zero.
    ``(b)(1) Notwithstanding any other provision of law, the head of 
any Federal agency shall provide such information within its possession 
as the Commissioner may require for purposes of making a timely 
determination under this section for reduction of benefits payable 
under this 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 compensation, in order to obtain such information as the 
Commissioner may require to carry out the provisions of this section.
    ``(3) Any determination by the Commissioner pursuant to this 
section shall be subject to the requirements described in section 
205(b)(1), including provision of reasonable notice and opportunity for 
a hearing.
    ``(c) For purposes of this section, the term `unemployment 
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:
                            ``(ii) For purposes of clause (i), if the 
                        Commissioner of Social Security determines 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.''.
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