Disability Benefit Fairness Act of 2005 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to eliminate: (1) the five-month waiting period for an individual (including a disabled widow or widower) to be eligible for benefits based on disability; and (2) any intervening reconsideration from the review process governing decisions on benefit entitlement.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 308 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 308
To amend title II of the Social Security Act to eliminate the 5-month
waiting period for entitlement to disability benefits and to eliminate
reconsideration as an intervening step between initial benefit
entitlement decisions and subsequent hearings on the record on such
decisions.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 25, 2005
Mr. McIntyre 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 eliminate the 5-month
waiting period for entitlement to disability benefits and to eliminate
reconsideration as an intervening step between initial benefit
entitlement decisions and subsequent hearings on the record on such
decisions.
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 ``Disability Benefit Fairness Act of
2005''.
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
inserting the following: ``for each month beginning with the
first month during all of which such individual is under a
disability and in which such individual becomes so entitled to
such insurance benefits''.
(2) Waiting period eliminated from determination 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 second 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
sentence''.
(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 Status''.
(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 following:
``(2) In applying paragraph (1)(B), when the number of
quarters''.
(b) Widow's Insurance Benefits Based on Disability.--
(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 reason 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), and (8)
as paragraphs (5), (6), and (7), 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 becomes 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 (5); and
(B) by redesignating paragraphs (6), (7), and (8)
as paragraphs (5), (6), and (7), respectively.
(d) Elimination of Waiting Period for Commencement of Periods of
Disability.--Section 216(i)(2)(A) of such Act (42 U.S.C. 416(i)(2)(A))
is amended by striking ``, but only'' and all that follows and
inserting a period.
(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 section 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 after the third month following the
month in which this Act is enacted. The amendments made by subsections
(b) and (c) shall apply only with respect to benefits based on
disability under subsection (e) or (f) of section 202 of the Social
Security Act (42 U.S.C. 402) for months after the third month following
the month in which this Act is enacted. The amendment made by
subsection (d) shall apply only with respect to applications for
disability determinations filed under title II of the Social Security
Act on or after the 90th day following the date of the enactment of
this Act.
SEC. 3. ELIMINATION OF RECONSIDERATION IN THE REVIEW PROCESS GOVERNING
DECISIONS ON BENEFIT ENTITLEMENT.
(a) In General.--Section 205(b)(1) of the Social Security Act (42
U.S.C. 405(b)(1)) is amended by adding at the end the following new
sentence: ``Opportunity for a hearing under this title in accordance
with this subsection with respect to any initial decision or
determination under this title shall be available without any
requirement for intervening reconsideration.''.
(b) Conforming Amendments.--Section 205(b) of such Act is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraph (3) as paragraph (2).
(c) Effective Date.--The amendments made by this section shall
apply with respect to initial decisions and determinations (subject to
opportunity for a hearing to the extent provided under section 205(b)
of the Social Security Act) issued after 1 year after the date of the
enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
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