Social Security Disability Fairness Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 142 To provide for phased-in payment of Social Security Disability Insurance payments during the waiting period for individuals with a terminal illness. IN THE HOUSE OF REPRESENTATIVES JANUARY 3, 2019 Mr. RODNEY DAVIS of Illinois introduced the following bill; which was referred to the Committee on Ways and Means A BILL To provide for phased-in payment of Social Security Dis- ability Insurance payments during the waiting period for individuals with a terminal illness. 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 ‘‘Social Security Dis- 4 ability Fairness Act of 2019’’. 5 SEC. 2. PHASED-IN PAYMENT OF SSDI BENEFITS DURING 6 THE WAITING PERIOD FOR THE TERMINALLY 7 ILL. 8 (a) IN GENERAL.—Section 223 of the Social Security 9 Act (42 U.S.C. 423) is amended— 10 VerDate Sep 11 2014 23:44 Jan 14, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H142.IH H142 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 142 IH (1) in subsection (a)— 1 (A) in paragraph (1), in the matter fol- 2 lowing subparagraph (E), by striking ‘‘or (ii)’’ 3 and inserting ‘‘(ii) subject to paragraph (2)(B), 4 for each month beginning with the first month 5 during all of which the individual is determined 6 under subparagraph (D) of subsection (d)(2) to 7 be under a disability and in which he becomes 8 so entitled to such insurance benefits, or (iii)’’; 9 (B) in paragraph (2)— 10 (i) in subparagraph (A), by striking 11 ‘‘or’’ at the end; 12 (ii) by redesignating subparagraph 13 (B) as subparagraph (C); 14 (iii) in subparagraph (C), as so redes- 15 ignated, by striking ‘‘(ii)’’ and inserting 16 ‘‘(iii)’’; and 17 (iv) by inserting after subparagraph 18 (A) the following new subparagraph: 19 ‘‘(B) in any case in which clause (ii) of para- 20 graph (1) of this subsection is applicable, the first 21 month for which the individual becomes entitled to 22 such disability insurance benefits, subject to the 23 phase-in percentage period described in paragraph 24 (3)(A), or’’; and 25 VerDate Sep 11 2014 23:44 Jan 14, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H142.IH H142 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 142 IH (C) by adding at the end the following new 1 paragraph: 2 ‘‘(3)(A) For purposes of paragraph (2)(B), in any 3 case in which clause (ii) of paragraph (1) of this sub- 4 section is applicable, an individual’s disability insurance 5 benefit for the earliest period of consecutive calendar 6 months throughout which the individual has been entitled 7 to such insurance benefits shall be equal to the product 8 of the benefit amount determined under paragraph (2)(B) 9 (as determined before application of this paragraph) 10 and— 11 ‘‘(i) for the first calendar month, 50 percent; 12 ‘‘(ii) for the second calendar month, 75 percent; 13 and 14 ‘‘(iii) for each subsequent calendar month 15 through the twelfth calendar month, 100 percent. 16 ‘‘(B) If an individual who has been determined under 17 subparagraph (D) of subsection (d)(2) to be under a dis- 18 ability has been entitled to a disability insurance benefit 19 on such basis for 12 consecutive calendar months, the in- 20 dividual’s disability insurance benefit for any month dur- 21 ing the subsequent period of 12 consecutive calendar 22 months shall be equal to— 23 VerDate Sep 11 2014 23:44 Jan 14, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H142.IH H142 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 142 IH ‘‘(i) the benefit amount determined under para- 1 graph (2)(B) (as determined before application of 2 subparagraph (A)); minus 3 ‘‘(ii) the quotient obtained by dividing the total 4 amount of disability insurance benefits provided to 5 the individual during the earliest period of five con- 6 secutive calendar months for which the individual 7 was entitled to such benefits on such basis by 12. 8 ‘‘(C) If an individual who has been determined under 9 subparagraph (D) of subsection (d)(2) to be under a dis- 10 ability has been entitled to a disability insurance benefit 11 on such basis for 24 consecutive calendar months, the in- 12 dividual’s disability insurance benefit for any subsequent 13 month shall be equal to 95 percent of the benefit amount 14 determined under paragraph (2)(B) (as determined before 15 application of subparagraphs (A) and (B)).’’; and 16 (2) in subsection (d)(2), by adding at the end 17 the following: 18 ‘‘(D) For purposes of clause (ii) of paragraph 19 (1) of subsection (a), an individual shall be deter- 20 mined to be under a disability upon submission of a 21 diagnosis of a terminal illness (as defined in section 22 1861(dd)(3)(A)) that has been certified by not less 23 than 2 physicians (as defined in section 1861(r)(1)) 24 who are not related (as defined in section 267(c)(4) 25 VerDate Sep 11 2014 23:44 Jan 14, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H142.IH H142 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 142 IH of the Internal Revenue Code) and are not in the 1 same physician group practice.’’. 2 (b) REPORTS TO CONGRESS.— 3 (1) REPORT BY SOCIAL SECURITY ADMINISTRA- 4 TION.—Not later than 12 months after the date of 5 the enactment of this Act, and each year thereafter, 6 the Commissioner of Social Security, in coordination 7 with the Inspector General of the Social Security 8 Administration, shall submit to the relevant commit- 9 tees of Congress a report that evaluates the provi- 10 sion of disability insurance benefits to terminally ill 11 individuals, including— 12 (A) the total number of individuals who— 13 (i) filed applications for disability in- 14 surance benefits (as determined under sec- 15 tion 223(a)(3) of the Social Security Act) 16 based on a diagnosis of a terminal illness; 17 (ii) receive such benefits; 18 (iii) die within 6 months of first re- 19 ceiving such benefits; 20 (iv) die within 12 months of first re- 21 ceiving such benefits; 22 (v) receive such benefits during the 23 period described in section 223(a)(3)(B) of 24 the Social Security Act; and 25 VerDate Sep 11 2014 23:44 Jan 14, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H142.IH H142 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 142 IH (vi) receive such benefits during the 1 period described in section 223(a)(3)(C) of 2 the Social Security Act; 3 (B) the total amount expended, including 4 related administrative expenses, for the provi- 5 sion of disability insurance benefits under sec- 6 tion 223(a)(3) of the Social Security Act to in- 7 dividuals diagnosed with a terminal illness; and 8 (C) recommendations for such legislation 9 and administrative actions as are determined 10 appropriate for preventing fraud, waste, and 11 abuse related to such benefits. 12 (2) REPORT BY GOVERNMENT ACCOUNTABILITY 13 OFFICE.—Not later than 4 years after the date of 14 the enactment of this Act, the Comptroller General 15 of the United States shall submit a report to the rel- 16 evant committees of Congress that evaluates the pro- 17 vision of disability insurance benefits to terminally ill 18 individuals and provides recommendations for such 19 legislation and administrative actions as are deter- 20 mined appropriate to improve the provision of such 21 benefits to such individuals. 22 (c) EFFECTIVE DATE; SUNSET.— 23 (1) IN GENERAL.—Subject to paragraph (2), 24 the amendments made by this section shall apply to 25 VerDate Sep 11 2014 23:44 Jan 14, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H142.IH H142 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 142 IH benefits payable for months beginning after Decem- 1 ber 31, 2019. 2 (2) SUNSET.—The amendments made by sub- 3 section (a) shall cease to have effect on January 1, 4 2025, and upon such date, section 223 of the Social 5 Security Act shall read as if such amendments had 6 not been enacted. 7 Æ VerDate Sep 11 2014 23:44 Jan 14, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H142.IH H142 pamtmann on DSKBFK8HB2PROD with BILLS