Immediate Access for the Terminally Ill Act
Sponsored By: Senator Mike Lee
Introduced
Summary
Would let certain terminally ill people start Social Security disability benefits immediately, skipping the usual waiting period. It also adds Congressional approval over which illnesses qualify and tightens rules on unemployment overlap and benefit recoveries.
Show full summary
- Terminally ill people and their families would get faster access to benefits when the illness is on the Compassionate Allowance Conditions List. Those conditions must have no known cure and an average life expectancy of no more than 5 years and benefits would be set at 93 percent of the usual amount.
- Workers who are also entitled to unemployment compensation would have Social Security disability benefits set to zero for any month before retirement age that they receive unemployment. The Commissioner could use data sharing with states to check eligibility.
- Current beneficiaries facing overpayment collections would face a new floor on withholding. The Commissioner could reduce payments to collect overpayments but never take less than 10 percent of a payment.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 1 benefits, 2 costs, 1 mixed.
Disability checks stop with unemployment
If enacted, your Social Security disability payment for any month before you reach retirement age would be reduced to zero when you are also entitled to unemployment compensation for that same month. The SSA would get unemployment records from federal agencies or state administrators to check eligibility. You would have to receive notice and you would have the right to a hearing before a determination is finalized. The bill defines unemployment compensation by reference to the Internal Revenue Code definition.
Limits on Social Security overpayment seizures
If enacted, the Social Security Commissioner would be allowed to reduce overpayment collections by less than a full seizure when a full reduction would defeat the law's purpose. In those cases, the Commissioner would have to leave at least 10 percent of the recipient's monthly OASDI payment. This rule would apply when your OASDI payment is subject to an overpayment recovery action.
Immediate benefits for terminally ill
If enacted, you would be able to elect to start Social Security disability benefits in the first month you qualify if your condition is on a new Compassionate Allowance list. That election would be made when you file and would be irrevocable. Your monthly benefit would be 93 percent of the amount otherwise determined. The SSA would have to publish the list by rule within 6 months after enactment and review it every 5 years. For ALS, the option would apply only to applications filed between December 22, 2020 and one year after enactment. These changes would apply to applications filed on or after six months after enactment.
Congress must approve Compassionate Allowances
If enacted, no disease or medical condition could be added to the SSA Compassionate Allowance list unless Congress passes a law approving that specific addition. This would move the decision from the agency to Congress. This would slow or stop some additions to the list.
Sponsors & CoSponsors
Sponsor
Mike Lee
UT • R
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
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