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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7104 Introduced in House (IH)]
<DOC>
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 unemployment 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 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 enactment
of this Act.
SEC. 3. CONGRESSIONAL APPROVAL REQUIRED FOR ADDITIONS 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 enactment of this subsection, no disease or medical
condition may be added to the list of Compassionate Allowance
Conditions published 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.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
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