Immediate Access for the Terminally Ill Act
Sponsored By: Representative Harshbarger, Diana [R-TN-1]
Introduced
Summary
Provides immediate access to disability benefits for people with certain terminal illnesses. This bill would create an optional, expedited path so eligible terminally ill applicants can elect early Disability Insurance benefits. It also would require Congress to approve any additions to the Compassionate Allowance list, pause disability payments when an individual receives unemployment compensation before retirement age, and allow smaller, partial benefit reductions to recover overpayments.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 1 benefits, 1 costs, 1 mixed.
Disability checks stopped when unemployed
If enacted, for any month before you reach full retirement age, your SSDI and related wage- or self-employment based benefits would be reduced to $0 for any month you are also entitled to unemployment compensation. Federal agencies and state unemployment administrators would have to share information the Commissioner needs to decide those months. Any determination would be subject to SSA notice and hearing protections. This rule would take effect upon enactment.
Immediate disability access for terminally ill
If enacted, you would be able to get Disability Insurance Benefits (DIB) starting with the first month you are disabled if you have a qualifying terminal condition on a Commissioner-published list. The benefit would be 93% of the otherwise-determined monthly amount for months covered by this choice. The Commissioner would have to publish the eligible-condition list within 6 months of enactment and update it every 5 years; qualifying conditions must be on the Compassionate Allowance list, have an average life expectancy of 5 years or less, and have no known cure. The election would be irrevocable and must be made when you file your DIB application, and it would apply to applications filed on or after 6 months after enactment. The SSA would also be prohibited from adding any disease to the Compassionate Allowance list unless Congress enacts a law approving that specific addition. People with ALS who filed for DIB between December 22, 2020 and the date one year after enactment would be covered by a related filing-window rule that is effective December 22, 2020 and sunsets one year after enactment.
Limits on Social Security overpayment cuts
If enacted, the Commissioner would be able to recover Social Security overpayments by reducing a beneficiary's monthly OASDI payment by less than 100 percent when a full cut would defeat the program's purpose. Any partial reduction could not reduce the monthly payment to less than 10 percent of the payment amount. This change would apply to Old-Age, Survivors, and Disability Insurance beneficiaries and take effect upon enactment.
Sponsors & CoSponsors
Sponsor
Harshbarger, Diana [R-TN-1]
TN • R
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov