What This Bill Does
This bill removes the waiting period that people with disabilities must wait before receiving Social Security disability insurance benefits. It also allows certain individuals without health insurance to become eligible for Medicare earlier while waiting for disability benefits. The bill phases in these changes gradually between 2023 and 2028.
Who It Affects
People with disabilities applying for Social Security disability insurance benefits. Individuals under age 65 without health insurance coverage who are entitled to disability benefits. The Social Security Administration will implement these changes.
Key Provisions
• The waiting period for disability insurance benefits is eliminated, meaning people can receive benefits immediately upon approval rather than waiting (Sec. 2(a)).
• From 2023 to 2027, the waiting period is gradually reduced each year before being completely removed on January 1, 2028 (Sec. 2(b)).
• Certain individuals without minimum essential coverage (health insurance) can become eligible for Medicare starting from the first month they are entitled to disability benefits instead of waiting 24 months (Sec. 3(a)).
• Medicare coverage for eligible individuals without minimum essential coverage becomes available retroactively to the first day of their first month of entitlement to disability benefits (Sec. 3(a)).
What Changes
The current requirement that people wait a specific period before receiving disability benefits no longer applies. People approved for disability benefits will begin receiving them immediately starting January 1, 2028. People without health insurance who are entitled to disability benefits can now enroll in Medicare much sooner, without the standard 24-month waiting period.
Important Definitions
Minimum essential coverage means health insurance as defined in the Internal Revenue Code (referenced in Sec. 3(a)).
Effective Date
The full elimination of the waiting period takes effect January 1, 2028, and applies to applications filed on or after January 1, 2027 (Sec. 2(c)).
I
118TH CONGRESS
1ST SESSION
H. R. 883
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 HOUSE OF REPRESENTATIVES
FEBRUARY 9, 2023
Mr. DOGGETT
(for himself, Mr. FITZPATRICK, Ms. VAN DUYNE, Ms.
BARRAGA´N, Mr. BEYER, Mr. BISHOP of Georgia, Mr. BLUMENAUER, Ms.
BONAMICI, Mr. BOWMAN, Mr. BOYLE of Pennsylvania, Ms. BROWNLEY,
Mr. CARBAJAL, Mr. CARSON, Mr. CARTWRIGHT, Mr. CASE, Ms. CASTOR
of Florida, Mr. CASTRO of Texas, Ms. CHU, Mr. CICILLINE, Ms. CLARKE
of New York, Mr. CLEAVER, Mr. COHEN, Mr. COURTNEY, Mr. CROW,
Mr. DAVIS of Illinois, Ms. DEGETTE, Ms. DELAURO, Mr. DESAULNIER,
Mrs. DINGELL, Ms. ESCOBAR, Mr. ESPAILLAT, Mr. EVANS, Ms. LEGER
FERNANDEZ, Mrs. FLETCHER, Mr. GARAMENDI, Mr. GARCI´A of Illinois,
Ms. GARCIA of Texas, Mr. VICENTE GONZALEZ of Texas, Mr. GREEN of
Texas, Mr. GRIJALVA, Mrs. HAYES, Mr. HIGGINS of New York, Ms.
JACKSON LEE, Ms. JAYAPAL, Mr. JOHNSON of Georgia, Mr. KEATING,
Mr. KHANNA, Mr. KILMER, Mr. KRISHNAMOORTHI, Mr. LARSON of Con-
necticut, Ms. LEE of California, Mr. LIEU, Ms. MANNING, Mrs. MCBATH,
Ms. MCCOLLUM, Ms. MENG, Ms. MOORE of Wisconsin, Mr. NADLER,
Mrs. NAPOLITANO, Mr. NEGUSE, Ms. NORTON, Mr. PANETTA, Ms. PIN-
GREE, Mr. POCAN, Ms. PORTER, Ms. PRESSLEY, Mr. QUIGLEY, Mr.
RASKIN, Ms. SA´NCHEZ, Ms. SCANLON, Ms. SCHAKOWSKY, Mr. SCHIFF,
Mr. DAVID SCOTT of Georgia, Ms. SEWELL, Mr. SHERMAN, Mr. TAKANO,
Mr. THOMPSON of Mississippi, Ms. TITUS, Mr. TONKO, Mr. TORRES of
New York, Mrs. TRAHAN, Mr. TRONE, Mr. VEASEY, Ms. VELA´ZQUEZ,
Ms. WATERS, Mrs. WATSON COLEMAN, Ms. WILD, and Ms. WILLIAMS
of Georgia) introduced the following bill; which was referred to the Com-
mittee on Ways and Means, and in addition to the Committee on Energy
and Commerce, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned
VerDate Sep 11 2014
06:15 Mar 08, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H883.IH
H883
pbinns on DSKJLVW7X2PROD with $$_JOB
2
•HR 883 IH
A BILL
To amend titles II and XVIII of the Social Security Act
to eliminate the disability insurance benefits waiting pe-
riod for individuals with disabilities, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Stop the Wait Act of
4
2023’’.
5
SEC. 2. ELIMINATION OF DISABILITY WAITING PERIOD FOR
6
SOCIAL SECURITY DISABILITY INSURANCE
7
BENEFITS.
8
(a) ELIMINATION OF WAITING PERIOD FOR DIS-
9
ABILITY INSURANCE BENEFITS.—Section 223 of the So-
10
cial Security Act (42 U.S.C. 423) is amended—
11
(1) in subsection (a)—
12
(A) in paragraph (1), in the matter fol-
13
lowing subparagraph (E)—
14
(i) by striking ‘‘disability insurance
15
benefit (i) for each month’’ and all that
16
follows through ‘‘, or (iii)’’ and inserting
17
‘‘disability insurance benefit’’; and
18
(ii) by striking ‘‘, but only if’’ and all
19
that follows through ‘‘under such dis-
20
ability’’; and
21
VerDate Sep 11 2014
06:15 Mar 08, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H883.IH
H883
pbinns on DSKJLVW7X2PROD with $$_JOB
3
•HR 883 IH
(B) in paragraph (2), by striking ‘‘as
1
though he had attained age 62 in—’’ and all
2
that follows through ‘‘such disability insurance
3
benefits,’’ and inserting ‘‘as though the indi-
4
vidual had attained age 62 in the first month
5
for which the individual becomes entitled to
6
such disability insurance benefits,’’; and
7
(2) in subsection (c)—
8
(A) in the subsection heading, by striking
9
‘‘Definitions of Insured Status and Waiting Pe-
10
riod’’ and inserting ‘‘Definition of Insured Sta-
11
tus’’;
12
(B) by striking ‘‘For purposes of this sec-
13
tion’’ and all that follows through ‘‘in any
14
month if—’’ and inserting ‘‘For purposes of
15
this section, an individual shall be insured for
16
disability insurance benefits in any month if—
17
’’;
18
(C) by striking paragraph (2);
19
(D) by redesignating subparagraphs (A)
20
and (B) as paragraphs (1) and (2), respectively
21
(and adjusting the margins accordingly);
22
(E) in paragraph (2) (as so redesig-
23
nated)—
24
VerDate Sep 11 2014
06:15 Mar 08, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H883.IH
H883
pbinns on DSKJLVW7X2PROD with $$_JOB
4
•HR 883 IH
(i) by redesignating clauses (i), (ii),
1
and (iii) as subparagraphs (A), (B), and
2
(C), respectively; and
3
(ii) in subparagraph (C) (as so redes-
4
ignated), by striking ‘‘clause (i)’’ and in-
5
serting ‘‘subparagraph (A)’’; and
6
(F) in the matter following subparagraph
7
(C) (as so redesignated), by striking ‘‘subpara-
8
graph (B) of this paragraph’’ each place it ap-
9
pears and inserting ‘‘this paragraph’’.
10
(b) PHASE-DOWN OF WAITING PERIOD FOR DIS-
11
ABILITY INSURANCE BENEFITS.—For purposes of appli-
12
cations for disability insurance benefits filed on or after
13
the date of enactment of this Act and before January 1,
14
2028, section 223(c)(2) of the Social Security Act (42
15
U.S.C. 423(c)(2)) shall be applied by making the following
16
substitutions:
17
(1) For applications filed in calendar years
18
2023, 2024, or 2025, substitute ‘‘three’’ for ‘‘five’’
19
and ‘‘fifteenth’’ for ‘‘seventeenth’’ each place it ap-
20
pears.
21
(2) For applications filed in calendar year
22
2026, substitute ‘‘two’’ for ‘‘five’’ and ‘‘fourteenth’’
23
for ‘‘seventeenth’’ each place it appears.
24
VerDate Sep 11 2014
06:15 Mar 08, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H883.IH
H883
pbinns on DSKJLVW7X2PROD with $$_JOB
5
•HR 883 IH
(3) For applications filed in calendar year
1
2027, substitute ‘‘one’’ for ‘‘five’’ and ‘‘thirteenth’’
2
for ‘‘seventeenth’’ each place it appears.
3
(c) EFFECTIVE DATE.—The amendments made by
4
subsection (a) shall take effect on January 1, 2028, and
5
apply with respect to applications for disability insurance
6
benefits filed on or after January 1, 2027.
7
(d) CONFORMING AMENDMENTS.—Effective January
8
1, 2028:
9
(1) Section 223(a)(1)(A) of the Social Security
10
Act (42 U.S.C. 423(a)(1)(A)) is amended by striking
11
‘‘(c)(1)’’ and inserting ‘‘(c)’’.
12
(2) Section 7(d)(3) of the Railroad Retirement
13
Act of 1974 (45 U.S.C. 231f(d)(3)) is amended by
14
striking ‘‘223(c)(1)’’ and inserting ‘‘223(c)’’.
15
SEC. 3. MEDICARE ELIGIBILITY FOR CERTAIN INDIVIDUALS
16
DURING WAITING PERIOD FOR SOCIAL SECU-
17
RITY DISABILITY INSURANCE BENEFITS.
18
(a) ELIMINATION OF WAITING PERIOD FOR CERTAIN
19
INDIVIDUALS
WITHOUT
MINIMUM
ESSENTIAL
COV-
20
ERAGE.—
21
(1) IN GENERAL.—Section 226 the Social Secu-
22
rity Act (42 U.S.C. 426) is amended by adding at
23
the end the following new subsection:
24
VerDate Sep 11 2014
06:15 Mar 08, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H883.IH
H883
pbinns on DSKJLVW7X2PROD with $$_JOB
6
•HR 883 IH
‘‘(j)(1) For purposes of applying this section in the
1
case of an eligible individual described in paragraph (2),
2
the following special rules shall apply:
3
‘‘(A) Subsection (b)(2) shall be applied as if
4
there were no requirement for any entitlement to
5
benefits, or status, for a period of 24 months prior
6
to receiving such benefits or status.
7
‘‘(B) The entitlement under such subsection
8
shall be available retroactively to the first day of the
9
first month (rather than twenty-fifth month) of enti-
10
tlement or status.
11
‘‘(C) Subsection (f) shall not be applied.
12
‘‘(2) For purposes of applying this section, an ‘eligi-
13
ble individual’ is an individual, with respect to a month—
14
‘‘(A) who has not yet attained the age of 65;
15
‘‘(B) who is entitled to benefits described in
16
subparagraph (A) of subsection (b)(2); and
17
‘‘(C)
with
respect
to
whom
section
18
5000A(e)(1)(A) of the Internal Revenue Code of
19
1986 would apply if the reference to ‘8 percent’ in
20
such section were a reference to ‘8.5 percent’.’’.
21
(2) CONFORMING AMENDMENTS.—Section 1811
22
of the Social Security Act (42 U.S.C. 1395c) is
23
amended—
24
VerDate Sep 11 2014
06:15 Mar 08, 2023
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H883.IH
H883
pbinns on DSKJLVW7X2PROD with $$_JOB
7
•HR 883 IH
(A) at the end of paragraph (2), by strik-
1
ing ‘‘and’’;
2
(B) by striking the period at the end and
3
inserting ‘‘, and’’; and
4
(C) by adding at the end the following new
5
paragraph:
6
‘‘(4) eligible individuals (as described in section
7
226(j)(2)).’’.
8
(b) SPECIAL ENROLLMENT PERIOD AND COVERAGE
9
APPLICATION FOR CERTAIN INDIVIDUALS WITHOUT MIN-
10
IMUM ESSENTIAL COVERAGE.—Section 1837 of the Social
11
Security Act (42 U.S.C. 1395p) is amended by adding at
12
the end the following new subsection:
13
‘‘(o)(1) In applying this section in the case of an eligi-
14
ble individual who is entitled to benefits under part A pur-
15
suant to the operation of section 226(j), the following spe-
16
cial rules shall apply:
17
‘‘(A) The initial enrollment period under sub-
18
section (d) shall begin on the first day of the first
19
month in which the individual satisfies the require-
20
ment of section 1836(a)(1).
21
‘‘(B) In applying subsection (g)(1), the initial
22
enrollment period shall begin on the first day of the
23
first month of entitlement to disability insurance
24
benefits referred to in such subsection.
25
VerDate Sep 11 2014
06:15 Mar 08, 2023
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H883.IH
H883
pbinns on DSKJLVW7X2PROD with $$_JOB
8
•HR 883 IH
‘‘(2) In applying this section in the case of an indi-
1
vidual who became entitled to benefits under part A, but
2
had not been entitled to such benefits for a period of 24
3
calendar months as of the date of enactment of the Stop
4
the Wait Act of 2023, and is entitled to such benefits pur-
5
suant to the application of section 226(j), the initial enroll-
6
ment period under subsection (d) for such individual shall
7
begin on the first day of the first month following the date
8
of enactment of the Stop the Wait Act of 2023 and shall
9
end seven months later.’’.
10
Æ
VerDate Sep 11 2014
06:15 Mar 08, 2023
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6301
E:\BILLS\H883.IH
H883
pbinns on DSKJLVW7X2PROD with $$_JOB