H.R. 6870, Immediate Access for the Terminally Ill Act
Summary
H.R. 6870, the Immediate Access for the Terminally Ill Act, introduced in the House of Representatives on February 28, 2022 by Mrs. Harshbarger and referred to the Committee on Ways and Means. The bill amends 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. It also would prohibit concurrent receipt of disability insurance benefits and unemployment insurance, and its text amends Section 223 of the Social Security Act.
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Cite this document
“H.R. 6870, Immediate Access for the Terminally Ill Act.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117hr6870ih-bills-117hr6870ih/
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I
117TH CONGRESS
2D SESSION
H. R. 6870
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 unem-
ployment insurance, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 28, 2022
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 insur-
ance benefits without a waiting period, to prohibit con-
current receipt of disability insurance benefits and unem-
ployment insurance, and for other purposes.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the ‘‘Immediate Access for
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5 the Terminally Ill Act’’.
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1 SEC. 2. OPTION FOR DISABLED INDIVIDUALS WITH INCUR-
2 ABLE TERMINAL ILLNESSES LISTED ON THE
3 COMPASSIONATE ALLOWANCE LIST TO RE-
4 CEIVE DISABILITY INSURANCE BENEFITS
5 WITHOUT A WAITING PERIOD.
6 (a) IN GENERAL.—Section 223 of the Social Security
7 Act (42 U.S.C. 423) is amended—
8 (1) in subsection (a)(1), in the matter following
9 subparagraph (E)—
10 (A) by inserting ‘‘and who files an applica-
11 tion for disability insurance benefits during the
12 period that begins on December 22, 2020, and
13 ends on the date that is 1 year after the date
14 of enactment of the Immediate Access for the
15 Terminally Ill Act’’ after ‘‘amyotrophic lateral
16 sclerosis’’; and
17 (B) by striking ‘‘, or (iii)’’ and inserting ‘‘,
18 (iii) in the case of an individual who makes an
19 election under subsection (k), for each month
20 beginning with the first month during all of
21 which the individual is under a disability and in
22 which the individual becomes entitled to such
23 insurance benefits, or (iv)’’; and
24 (2) by adding at the end the following new sub-
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25 section:
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1 ‘‘(k) OPTION FOR DISABLED INDIVIDUALS WITH
2 TERMINAL ILLNESSES TO RECEIVE DISABILITY INSUR-
3 ANCE BENEFITS WITHOUT A WAITING PERIOD.—
4 ‘‘(1) IN GENERAL.—An individual who is enti-
5 tled to a disability insurance benefit and has been
6 diagnosed with a medical condition or disease that
7 is included in the most recent list published by the
8 Commissioner of Social Security under paragraph
9 (2) may elect to receive such benefit beginning with
10 the first month during all of which the individual is
11 under a disability and in which the individual be-
12 comes entitled to such benefit.
13 ‘‘(2) PUBLICATION OF LIST.—Not later than 6
14 months after the date of enactment of this sub-
15 section, and every 5 years thereafter, the Commis-
16 sioner of Social Security shall, through a formal
17 rulemaking process in accordance with sections 556
18 and 557 of title 5, United States Code, publish a list
19 of medical conditions and diseases—
20 ‘‘(A) which are included in the most recent
21 list of Compassionate Allowance Conditions
22 published by the Social Security Administra-
23 tion;
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24 ‘‘(B) for which the average life expectancy
25 for all individuals diagnosed with such condition
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1 or disease does not exceed 5 years from the
2 date of diagnosis; and
3 ‘‘(C) for which there is no known cure.
4 ‘‘(3) REDUCTION IN BENEFIT AMOUNT.—If an
5 individual described in paragraph (1) elects to re-
6 ceive a disability insurance benefit beginning with
7 the first month during all of which the individual is
8 under a disability and in which the individual be-
9 comes entitled to such benefit, the amount of such
10 benefit for any month shall be equal to 93 percent
11 of the amount otherwise determined for the indi-
12 vidual under subsection (a)(2) (after the application
13 of sections 202(q) and 215(b)(2)(A)(ii)).
14 ‘‘(4) TIMING AND EFFECT OF ELECTION.—An
15 individual may only make an election under this sub-
16 section at the time the individual files an application
17 for a disability insurance benefit under subsection
18 (b), and any election under this subsection shall be
19 irrevocable.’’.
20 (b) CONFORMING AMENDMENTS.—Section 223(a)(2)
21 of the Social Security Act (42 U.S.C. 423(a)(2)) is amend-
22 ed—
23 (1) by striking ‘‘section 202(q) and’’ and insert-
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24 ing ‘‘subsection (k)(3), section 202(q), and’’; and
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1 (2) in subparagraph (B), by striking ‘‘clause
2 (ii) of paragraph (1)’’ and inserting ‘‘clause (ii),
3 (iii), or (iv) of the matter following subparagraph
4 (E) of paragraph (1)’’.
5 (c) EFFECTIVE DATE.—The amendments made by
6 this section shall apply with respect to applications for dis-
7 ability insurance benefits filed on or after the date that
8 is 6 months after the date of the enactment of this Act.
9 SEC. 3. CONGRESSIONAL APPROVAL REQUIRED FOR ADDI-
10 TIONS TO COMPASSIONATE ALLOWANCE
11 CONDITIONS LIST.
12 Beginning on the date of enactment of this Act, no
13 disease or medical condition may be added to the Compas-
14 sionate Allowance list that is compiled and maintained by
15 the Social Security Administration unless there is enacted
16 into law a bill or joint resolution approving such addition.
17 SEC. 4. PROHIBITION ON PAYMENT OF SOCIAL SECURITY
18 DISABILITY BENEFITS BASED ON RECEIPT OF
19 UNEMPLOYMENT COMPENSATION.
20 (a) IN GENERAL.—Title II of the Social Security Act
21 (42 U.S.C. 401 et seq.) is amended by inserting after sec-
22 tion 224 the following new section:
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1 ‘‘PROHIBITION ON PAYMENT OF BENEFITS BASED ON
2 RECEIPT OF UNEMPLOYMENT COMPENSATION
3 ‘‘SEC. 224A. (a) If for any month prior to the month
4 in which an individual attains retirement age (as defined
5 in section 216(l)(1))—
6 ‘‘(1) such individual is entitled to benefits
7 under section 223, and
8 ‘‘(2) such individual is entitled for such month
9 to unemployment compensation,
10 the total of the individual’s benefits under section 223 for
11 such month and of any benefits under subsections (b)
12 through (h) of section 202 for such month based on the
13 individual’s wages and self-employment income shall be re-
14 duced to zero.
15 ‘‘(b)(1) Notwithstanding any other provision of law,
16 the head of any Federal agency shall provide such infor-
17 mation within its possession as the Commissioner may re-
18 quire for purposes of making a timely determination under
19 this section for reduction of benefits payable under this
20 title, or verifying other information necessary in carrying
21 out the provisions of this section.
22 ‘‘(2) The Commissioner is authorized to enter into
23 agreements with States, political subdivisions, and other
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24 organizations that administer unemployment compensa-
25 tion, in order to obtain such information as the Commis-
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1 sioner may require to carry out the provisions of this sec-
2 tion.
3 ‘‘(3) Any determination by the Commissioner pursu-
4 ant to this section shall be subject to the requirements
5 described in section 205(b)(1), including provision of rea-
6 sonable notice and opportunity for a hearing.
7 ‘‘(c) For purposes of this section, the term ‘unem-
8 ployment compensation’ has the meaning given that term
9 in section 85(b) of the Internal Revenue Code of 1986.’’.
10 SEC. 5. INCREASING THE OVERPAYMENT COLLECTION
11 THRESHOLD FOR OLD-AGE, SURVIVORS, AND
12 DISABILITY INSURANCE BENEFITS.
13 (a) IN GENERAL.—Section 204(a)(1)(A) of the Social
14 Security Act (42 U.S.C. 404(a)(1)(A)) is amended—
15 (1) by striking ‘‘With respect to’’ and ‘inserting
16 ‘‘(i) Subject to clause (ii), with respect to’’; and
17 (2) by adding at the end the following new
18 clause:
19 ‘‘(ii) For purposes of clause (i), if the
20 Commissioner of Social Security deter-
21 mines that decreasing a payment under
22 this title to an individual by 100 percent
23 would defeat the purpose of this title, the
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24 Commissioner may decrease such payment
25 by a smaller amount, provided that such
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1 smaller amount is not less than 10 percent
2 of the amount of such payment.’’.
Æ
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