2000 
[DOCID: f:h344ih.txt]






107th CONGRESS
  1st Session
                                H. R. 344

 To amend titles II and XVIII of the Social Security Act to eliminate 
the 5-month waiting period which is presently required in order for an 
 individual to be eligible for benefits based on disability or for the 
  disability freeze and to eliminate the 24-month waiting period for 
     disabled individuals to become eligible for medicare benefits.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 31, 2001

  Mr. Frank introduced the following bill; which was referred to the 
   Committee on Ways and Means, and in addition to the Committees on 
   Energy and Commerce, and Transportation and Infrastructure, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend titles II and XVIII of the Social Security Act to eliminate 
the 5-month waiting period which is presently required in order for an 
 individual to be eligible for benefits based on disability or for the 
  disability freeze and to eliminate the 24-month waiting period for 
     disabled individuals to become eligible for medicare benefits.

    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 ``Social Security Disability Waiting 
Period Elimination Act of 2001''.

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), (8), and 
                (9) as paragraphs (5), (6), (7), and (8), 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 (6); and
                    (B) by redesignating paragraphs (7), (8), and (9) 
                as paragraphs (6), (7), and (8), respectively.

SEC. 3. ELIMINATION OF WAITING PERIOD FOR COMMENCEMENT OF PERIODS OF 
              DISABILITY.

    Section 216(i)(2)(A) of the Social Security Act (42 U.S.C. 
416(i)(2)(A)) is amended by striking ``, but only'' and all that 
follows and inserting a period.

SEC. 4. ELIMINATION OF WAITING PERIOD FOR MEDICARE DISABILITY BENEFITS.

    (a) In General.--Section 226(b) of the Social Security Act (42 
U.S.C. 426(b)) is amended--
            (1) in paragraph (2)(A), by striking ``, and has for 24 
        calendar months been entitled to,'';
            (2) in paragraph (2)(B), by striking ``, and has been for 
        not less than 24 months,'';
            (3) in paragraph (2)(C)(ii), by striking ``, including the 
        requirement that he has been entitled to the specified benefits 
        for 24 months,'';
            (4) in the first sentence, by striking ``for each month 
        beginning with the later of (I) July 1973 or (II) the twenty-
        fifth month of his entitlement or status as a qualified 
        railroad retirement beneficiary described in paragraph (2), 
        and'' and inserting ``for each month for which the individual 
        satisfies paragraph (2), beginning with the first month in 
        which the individual satisfies such paragraph, and'';
            (5) in the second sentence, by striking ``the `twenty-fifth 
        month of his entitlement' '' and all that follows through 
        ``paragraph (2)(C) and''; and
            (6) in the third sentence, by striking ``, but not in 
        excess of 24 such months''.
    (b) Conforming Amendment.--
            (1) Section 226.--Section 226 of the Social Security Act 
        (42 U.S.C. 426) is amended by striking subsection (f).
            (2) Medicare description.--Section 1811(2) of such Act (42 
        U.S.C. 1395c(2)) is amended by striking ``have been entitled 
        for not less than 24 months'' and inserting ``are entitled''.
            (3) Medicare coverage.--Section 1837(g)(1) of such Act (42 
        U.S.C. 1395p(g)(1)) is amended by striking ``25th month'' and 
        inserting ``first month''.
            (4) Railroad retirement system.--Section 7(d)(2)(ii) of the 
        Railroad Retirement Act of 1974 (45 U.S.C. 231f(d)(2)(ii)) is 
        amended--
                    (A) by striking ``has been entitled to an annuity'' 
                and inserting ``is entitled to an annuity'';
                    (B) by striking ``, for not less than 24 months''; 
                and
                    (C) by striking ``could have been entitled for 24 
                calendar months, and''.

SEC. 5. EFFEC
5d1
TIVE DATES.

    (a) Section 2.--The amendments made by subsection (a) of section 2 
of this Act 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) of section 2 of this Act 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) of section 2 of this Act 
shall apply only with respect to benefits for months after the third 
month following the month in which this Act is enacted.
    (b) Section 3.--The amendment made by section 3 of this Act 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.
    (c) Section 4.--The amendments made by section 4 shall apply to 
insurance benefits under title XVIII of the Social Security Act with 
respect to items and services furnished in months beginning at least 90 
days after the date of the enactment of this Act.
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