Expedited Disability Insurance Payments for Terminally Ill Individuals Act of 2022
This bill temporarily allows an individual diagnosed with a terminal illness with a life expectancy of six months or less to receive Social Security disability benefits during the waiting period for such benefits (which typically lasts five months). It also establishes a phased-in payment schedule for the benefits.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4133 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 4133
To provide for phased-in payment of Social Security Disability
Insurance payments during the waiting period for individuals with a
terminal illness.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 4, 2022
Mr. Barrasso (for himself, Mr. Brown, Ms. Collins, Mr. Coons, Ms.
Hassan, Mr. Leahy, Ms. Lummis, Mr. Merkley, Ms. Murkowski, and Mr.
Reed) introduced the following bill; which was read twice and referred
to the Committee on Finance
_______________________________________________________________________
A BILL
To provide for phased-in payment of Social Security Disability
Insurance payments during the waiting period for individuals with a
terminal illness.
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 ``Expedited Disability Insurance
Payments for Terminally Ill Individuals Act of 2022''.
SEC. 2. PHASED-IN PAYMENT OF SSDI BENEFITS DURING THE WAITING PERIOD
FOR THE TERMINALLY ILL.
(a) In General.--Section 223 of the Social Security Act (42 U.S.C.
423) is amended--
(1) in subsection (a)--
(A) in paragraph (1), in the matter following
subparagraph (E), by striking ``or (iii)'' and
inserting ``(iii) subject to paragraph (2)(B), for each
month beginning with the first month during all of
which the individual is determined under subparagraph
(D) of subsection (d)(2) to be under a disability and
in which he becomes so entitled to such insurance
benefits, or (iv)'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by striking ``section 202(q) and'' and
inserting ``paragraph (3) of this section,
section 202(q), and'';
(ii) in subparagraph (A), by striking
``or'' at the end;
(iii) by redesignating subparagraph (B) as
subparagraph (C);
(iv) in subparagraph (C), as so
redesignated, by striking ``clause (ii) of
paragraph (1)'' and inserting ``clause (ii) or
(iv) in the matter following subparagraph (E)
of paragraph (1)''; and
(v) by inserting after subparagraph (A) the
following new subparagraph:
``(B) in any case in which clause (iii) in the matter
following subparagraph (E) of paragraph (1) of this subsection
is applicable, the first month for which the individual becomes
entitled to such disability insurance benefits, or''; and
(C) by adding at the end the following new
paragraph:
``(3)(A) For purposes of paragraph (2), in any case in which clause
(iii) in the matter following subparagraph (E) of paragraph (1) of this
subsection is applicable to an individual, the amount of the
individual's monthly disability insurance benefit for the earliest
period of 2 consecutive calendar months throughout which the individual
has been entitled to such insurance benefits shall be equal to the
product of the benefit amount determined for the individual under
paragraph (2) (before application of this paragraph) and--
``(i) for the first calendar month, 50 percent; and
``(ii) for the second calendar month, 75 percent.
``(B) If an individual who has been determined under subparagraph
(D) of subsection (d)(2) to be under a disability has been entitled to
a disability insurance benefit on such basis for 12 consecutive
calendar months, the individual's disability insurance benefit for any
month during the subsequent period of 12 consecutive calendar months
shall be equal to--
``(i) the benefit amount determined for the individual
under paragraph (2) (before application of this paragraph);
minus
``(ii) the quotient obtained by dividing the total amount
of disability insurance benefits provided to the individual
during the earliest period of five consecutive calendar months
for which the individual was entitled to such benefits on such
basis by 12.
``(C) If an individual who has been determined under subparagraph
(D) of subsection (d)(2) to be under a disability has been entitled to
a disability insurance benefit on such basis for 24 consecutive
calendar months, the individual's disability insurance benefit for any
subsequent month shall be equal to 95 percent of the benefit amount
determined for the individual under paragraph (2) (before application
of this paragraph).''; and
(2) in subsection (d)(2), by adding at the end the
following:
``(D) For purposes of clause (iii) in the matter following
subparagraph (E) of paragraph (1) of subsection (a), an
individual shall be determined to be under a disability upon
submission of a diagnosis of a terminal illness (as defined in
section 1861(dd)(3)(A)) that has been certified by not less
than 2 physicians (as defined in section 1861(r)(1)) who are
not related (as defined in section 267(c)(4) of the Internal
Revenue Code of 1986) and are not in the same physician group
practice.''.
(b) Reports to Congress.--
(1) Report by social security administration.--Not later
than 12 months after the date of the enactment of this Act, and
each year thereafter, the Commissioner of the Social Security
Administration, in coordination with the Inspector General of
the Social Security Administration, shall submit to the
relevant committees of Congress a report that evaluates the
provision of disability insurance benefits to terminally ill
individuals, including--
(A) the total number of individuals who--
(i) file applications for disability
insurance benefits (as determined under section
223(a)(3) of the Social Security Act) based on
a diagnosis of a terminal illness;
(ii) receive such benefits;
(iii) die within 6 months of first
receiving such benefits;
(iv) die within 12 months of first
receiving such benefits;
(v) receive such benefits during the period
described in section 223(a)(3)(B) of the Social
Security Act; and
(vi) receive such benefits during the
period described in section 223(a)(3)(C) of the
Social Security Act;
(B) the total amount expended, including related
administrative expenses, for the provision of
disability insurance benefits under section 223(a)(3)
of the Social Security Act to individuals diagnosed
with a terminal illness; and
(C) recommendations for such legislation and
administrative actions as are determined appropriate
for preventing fraud, waste, and abuse related to such
benefits.
(2) Report by government accountability office.--Not later
than 4 years after the date of the enactment of this Act, the
Comptroller General of the United States shall submit a report
to the relevant committees of Congress that evaluates the
provision of disability insurance benefits to terminally ill
individuals and provides recommendations for such legislation
and administrative actions as are determined appropriate to
improve the provision of such benefits to such individuals.
(c) Effective Date; Sunset.--
(1) In general.--Subject to paragraph (2), the amendments
made by this section shall apply to benefits payable for months
beginning after December 31, 2022.
(2) Sunset.--The amendments made by subsection (a) shall
cease to have effect on January 1, 2028, and upon such date,
section 223 of the Social Security Act shall read as such
section read on the day before the date of the enactment of
this Act.
<all>
Introduced in Senate
Read twice and referred to the Committee on Finance.
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