Joseph H. Seall Act of 2007 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to authorize waivers by the Commissioner of Social Security of the five-month waiting period for entitlement to benefits based on disability in cases in which such waiting period would cause undue hardship to terminally ill benefiaries.
Requires the Commissioner to study and report to specified congressional committees on possible improvements in disability claims processing.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2713 Introduced in House (IH)]
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
entitlement 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 Commissioner 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 determines that such waiting period would cause undue
hardship to terminally ill beneficiaries, and to provide for a study by
the Commissioner regarding possible improvements in disability claims
processing.
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 ``Joseph H. Seall Act of 2007''.
SEC. 2. WAIVER OF 5-MONTH WAITING PERIOD FOR BENEFITS BASED ON
DISABILITY IN CASES OF TERMINALLY 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 paragraph:
``(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 otherwise 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 respect 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 individual would become so entitled to
such insurance benefits under such sentence but for such waiting
period, and ending 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 individual's life
expectancy is 6 months or less.''.
(b) Widow's Insurance Benefits Based on Disability.--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 benefits 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 criteria 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 paragraph (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 ending 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
individual'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 benefits 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, notwithstanding 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
individual is considered to be `terminally ill' if the individual has a
medical prognosis that the individual's life expectancy 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 prognosis 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 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 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 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) 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.
SEC. 3. STUDY REGARDING DISABILITY CLAIMS PROCESSING.
(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 supplemental security
income benefits based on disability under title XVI of such Act.
(b) Matters To Be Studied.--In carrying out the study required
under subsection (a), the Commissioner shall--
(1) analyze the methods and procedures currently 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 benefit 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 report 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 referred to in
subsection (b)(1) (including methods and procedures 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 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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
Referred to the Subcommittee on Social Security.
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