What This Bill Does
This bill removes the waiting period for people with disabilities to receive Social Security disability insurance benefits. It also allows some people who are waiting for disability benefits to get Medicare coverage sooner. The bill phases in these changes gradually between 2023 and 2028.
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Who It Affects
- Individuals with disabilities applying for Social Security disability insurance benefits
- People under age 65 who are entitled to disability benefits but lack minimum essential health coverage (a type of qualifying health insurance)
- Social Security Administration
- Medicare program administrators
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Key Provisions
- The requirement to wait before receiving disability insurance benefits is completely removed starting January 1, 2028 (Sec. 2(c))
- For applications filed between 2023 and 2027, the waiting period is gradually reduced. In 2023-2025, the waiting period drops from five months to three months. In 2026, it drops to two months. In 2027, it drops to one month (Sec. 2(b))
- Certain individuals under 65 without minimum essential health coverage can receive Medicare benefits starting from the first month they become eligible for disability benefits, instead of waiting 24 months (Sec. 3(a))
- People who became entitled to disability benefits before this law passed get a special seven-month window to enroll in Medicare coverage (Sec. 3(b))
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What Changes
If this bill becomes law, people with disabilities will start receiving disability insurance payments sooner. Currently there is a waiting period before benefits start. This waiting period gets shorter over several years and then disappears completely in 2028. Some people will also qualify for Medicare earlier when they apply for disability benefits.
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Important Definitions
- **Disability insurance benefits**: monthly payments from Social Security given to people who have a disability and meet work history requirements
- **Minimum essential health coverage**: qualifying health insurance meeting certain standards
- **Eligible individual**: someone under 65 who is entitled to disability benefits and lacks minimum essential health coverage
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Effective Date
The main changes take effect January 1, 2028, and apply to applications filed on or after that date. The gradual reduction of waiting periods applies to applications filed between the date this law passes and December 31, 2027.
II
118TH CONGRESS
1ST SESSION
S. 320
To amend titles II and XVIII of the Social Security Act to eliminate the
disability insurance benefits waiting period for individuals with disabil-
ities, and for other purposes.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 9, 2023
Mr. CASEY (for himself, Mrs. MURRAY, Mr. SANDERS, Mr. BROWN, Ms. STA-
BENOW, Ms. WARREN, Mr. REED, Mr. MARKEY, Mrs. SHAHEEN, Ms.
HIRONO, Ms. DUCKWORTH, and Mr. PADILLA) introduced the following
bill; which was read twice and referred to the Committee on Finance
A BILL
To amend titles II and XVIII of the Social Security Act
to eliminate the disability insurance benefits waiting pe-
riod for individuals with disabilities, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Stop the Wait Act of
4
2023’’.
5
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•S 320 IS
SEC. 2. ELIMINATION OF DISABILITY WAITING PERIOD FOR
1
SOCIAL SECURITY DISABILITY INSURANCE
2
BENEFITS.
3
(a) ELIMINATION OF WAITING PERIOD FOR DIS-
4
ABILITY INSURANCE BENEFITS.—Section 223 of the So-
5
cial Security Act (42 U.S.C. 423) is amended—
6
(1) in subsection (a)—
7
(A) in paragraph (1), in the matter fol-
8
lowing subparagraph (E)—
9
(i) by striking ‘‘disability insurance
10
benefit (i) for each month’’ and all that
11
follows through ‘‘, or (iii)’’ and inserting
12
‘‘disability insurance benefit’’; and
13
(ii) by striking ‘‘, but only if’’ and all
14
that follows through ‘‘under such dis-
15
ability’’; and
16
(B) in paragraph (2), by striking ‘‘as
17
though he had attained age 62 in—’’ and all
18
that follows through ‘‘such disability insurance
19
benefits,’’ and inserting ‘‘as though the indi-
20
vidual had attained age 62 in the first month
21
for which the individual becomes entitled to
22
such disability insurance benefits,’’; and
23
(2) in subsection (c)—
24
(A) in the subsection heading, by striking
25
‘‘DEFINITIONS
OF
INSURED
STATUS
AND
26
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•S 320 IS
WAITING PERIOD’’ and inserting ‘‘DEFINITION
1
OF INSURED STATUS’’;
2
(B) by striking ‘‘For purposes of this sec-
3
tion’’ and all that follows through ‘‘in any
4
month if—’’ and inserting ‘‘For purposes of
5
this section, an individual shall be insured for
6
disability insurance benefits in any month if—
7
’’;
8
(C) by striking paragraph (2);
9
(D) by redesignating subparagraphs (A)
10
and (B) as paragraphs (1) and (2), respectively
11
(and adjusting the margins accordingly);
12
(E) in paragraph (2) (as so redesig-
13
nated)—
14
(i) by redesignating clauses (i), (ii),
15
and (iii) as subparagraphs (A), (B), and
16
(C), respectively; and
17
(ii) in subparagraph (C) (as so redes-
18
ignated), by striking ‘‘clause (i)’’ and in-
19
serting ‘‘subparagraph (A)’’; and
20
(F) in the matter following subparagraph
21
(C) (as so redesignated), by striking ‘‘subpara-
22
graph (B) of this paragraph’’ each place it ap-
23
pears and inserting ‘‘this paragraph’’.
24
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•S 320 IS
(b) PHASE-DOWN OF WAITING PERIOD FOR DIS-
1
ABILITY INSURANCE BENEFITS.—For purposes of appli-
2
cations for disability insurance benefits filed on or after
3
the date of enactment of this Act and before January 1,
4
2028, section 223(c)(2) of the Social Security Act (42
5
U.S.C. 423(c)(2)) shall be applied by making the following
6
substitutions:
7
(1) For applications filed in calendar year
8
2023, 2024, or 2025, substitute ‘‘three’’ for ‘‘five’’
9
and ‘‘fifteenth’’ for ‘‘seventeenth’’ each place it ap-
10
pears.
11
(2) For applications filed in calendar year
12
2026, substitute ‘‘two’’ for ‘‘five’’ and ‘‘fourteenth’’
13
for ‘‘seventeenth’’ each place it appears.
14
(3) For applications filed in calendar year
15
2027, substitute ‘‘one’’ for ‘‘five’’ and ‘‘thirteenth’’
16
for ‘‘seventeenth’’ each place it appears.
17
(c) EFFECTIVE DATE.—The amendments made by
18
subsection (a) shall take effect on January 1, 2028, and
19
apply with respect to applications for disability insurance
20
benefits filed on or after January 1, 2028.
21
(d) CONFORMING AMENDMENTS.—Effective January
22
1, 2028:
23
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•S 320 IS
(1) Section 223(a)(1)(A) of the Social Security
1
Act (42 U.S.C. 423(a)(1)(A)) is amended by striking
2
‘‘(c)(1)’’ and inserting ‘‘(c)’’.
3
(2) Section 7(d)(3) of the Railroad Retirement
4
Act of 1974 (45 U.S.C. 231f(d)(3)) is amended by
5
striking ‘‘223(c)(1)’’ and inserting ‘‘223(c)’’.
6
SEC. 3. MEDICARE ELIGIBILITY FOR CERTAIN INDIVIDUALS
7
DURING WAITING PERIOD FOR SOCIAL SECU-
8
RITY DISABILITY INSURANCE BENEFITS.
9
(a) ELIMINATION OF WAITING PERIOD FOR CERTAIN
10
INDIVIDUALS
WITHOUT
MINIMUM
ESSENTIAL
COV-
11
ERAGE.—
12
(1) IN GENERAL.—Section 226 the Social Secu-
13
rity Act (42 U.S.C. 426) is amended by adding at
14
the end the following new subsection:
15
‘‘(j)(1) For purposes of applying this section in the
16
case of an eligible individual described in paragraph (2),
17
the following special rules shall apply:
18
‘‘(A) Subsection (b)(2) shall be applied as if
19
there were no requirement for any entitlement to
20
benefits, or status, for a period of 24 months prior
21
to receiving such benefits or status.
22
‘‘(B) The entitlement under such subsection
23
shall be available retroactively to the first day of the
24
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•S 320 IS
first month (rather than twenty-fifth month) of enti-
1
tlement or status.
2
‘‘(C) Subsection (f) shall not be applied.
3
‘‘(2) For purposes of applying this section, an ‘eligi-
4
ble individual’ is an individual, with respect to a month—
5
‘‘(A) who has not yet attained the age of 65;
6
‘‘(B) who is entitled to benefits described in
7
subparagraph (A) of subsection (b)(2); and
8
‘‘(C)
with
respect
to
whom
section
9
5000A(e)(1)(A) of the Internal Revenue Code of
10
1986 would apply if the reference to ‘8 percent’ in
11
such section were a reference to ‘8.5 percent’.’’.
12
(2) CONFORMING AMENDMENTS.—Section 1811
13
of the Social Security Act (42 U.S.C. 1395c) is
14
amended—
15
(A) by striking ‘‘and’’ at the end of para-
16
graph (2); and
17
(B) by inserting the following before the
18
period at the end: ‘‘, and (4) eligible individuals
19
(as described in section 226(j)(2))’’.
20
(b) SPECIAL ENROLLMENT PERIOD AND COVERAGE
21
APPLICATION FOR CERTAIN INDIVIDUALS WITHOUT MIN-
22
IMUM ESSENTIAL COVERAGE.—Section 1837 of the Social
23
Security Act (42 U.S.C. 1395p) is amended by adding at
24
the end the following new subsection:
25
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•S 320 IS
‘‘(p)(1) In applying this section in the case of an eligi-
1
ble individual who is entitled to benefits under part A pur-
2
suant to the operation of section 226(j), the following spe-
3
cial rules shall apply:
4
‘‘(A) The initial enrollment period under sub-
5
section (d) shall begin on the first day of the first
6
month in which the individual satisfies the require-
7
ment of section 1836(a)(1).
8
‘‘(B) In applying subsection (g)(1), the initial
9
enrollment period shall begin on the first day of the
10
first month of entitlement to disability insurance
11
benefits referred to in such subsection.
12
‘‘(2) In applying this section in the case of an indi-
13
vidual who became entitled to benefits under part A, but
14
had not been entitled to such benefits for a period of 24
15
calendar months as of the date of enactment of the Stop
16
the Wait Act of 2023, and is entitled to such benefits pur-
17
suant to the application of section 226(j), the initial enroll-
18
ment period under subsection (d) for such individual shall
19
begin on the first day of the first month following such
20
date of enactment and shall end seven months later.’’.
21
Æ
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