Immediate Access for the Terminally Ill Act
Sponsored By: Representative Harshbarger
Introduced
Summary
Early Disability Insurance option for certain terminally ill people and tighter rules for Compassionate Allowance additions and benefit offsets.
Show full summary
- People with incurable terminal illnesses on the Compassionate Allowance list would be able to elect Disability Insurance (DI) when they file and skip the normal waiting period. The monthly benefit for those who choose it would be 93% of the usual amount and the choice would be irrevocable.
- No disease could be added to the Compassionate Allowance Conditions list unless Congress enacts a law approving the addition.
- If someone is entitled to DI and also receives unemployment before retirement age, DI and other wage-based benefits for that month would be reduced to zero. The bill would require agencies to share information to make timely decisions and would let Social Security recover overpayments by withholding as little as 10% of a payment to avoid defeating the program's purpose.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 0 benefits, 2 costs, 1 mixed.
DI payments cut when also unemployed
If enacted, the bill would make your DI and related Social Security benefits for a month zero if you are entitled to DI and to unemployment compensation for that same month and you are below retirement age. This rule applies only for months before you reach retirement age. The Social Security Administration could get state unemployment records to check entitlement and must give notice and a chance for a hearing.
Minimum 10% Social Security withholding
If enacted, the bill would allow the Commissioner to recover OASDI overpayments by taking less than your entire monthly payment only when taking the whole payment would defeat the purpose. Any smaller reduction chosen must be at least 10% of the payment. This codifies a minimum 10% withholding option instead of requiring a 100% reduction in all cases.
Immediate DI option for terminally ill
If enacted, the bill would let certain terminally ill applicants choose to start Disability Insurance (DI) in the first month they are entitled. You would have to make the choice when you file and it would be irrevocable. Monthly DI for electing people would be 93% of the amount otherwise payable. The Commissioner would have to publish a list of qualifying conditions by rule within 6 months and update it every 5 years; the list must reflect Compassionate Allowance conditions with average life expectancy no more than 5 years and no known cure. The bill would also cover people with ALS who filed a DI application between Dec 22, 2020 and the date one year after enactment. Beginning on the date of enactment, the bill would also prohibit adding any disease to the Compassionate Allowance list unless Congress enacts a law approving that addition.
Sponsors & CoSponsors
Sponsor
Harshbarger
TN • R
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
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