Immediate Access for the Terminally Ill Act
Sponsored By: Senator Lee, Mike [R-UT]
Introduced
Summary
Expands early access to Social Security Disability Insurance for certain terminally ill people. This bill would let qualifying disabled individuals receive disability insurance without the ordinary waiting period, offer an irrevocable reduced benefit option, and add new limits tied to unemployment and overpayment recovery.
Show full summary
- Terminally ill individuals: Would allow people with conditions on the Compassionate Allowance list to elect immediate Disability Insurance benefits when first under a disability, require elections at filing, make them irrevocable, and reduce payments to 93 percent of the standard amount.
- Compassionate Allowance oversight: Would require the Social Security Administration to publish the qualifying list by rule within 6 months and at least every 5 years. New additions would need approval by Congress and must meet criteria such as average life expectancy of 5 years or less and no known cure.
- Unemployment and overpayments: Would bar payment of disability benefits for any month before retirement age if the person is entitled to unemployment compensation, allow federal information sharing to verify claims, and let the Commissioner limit overpayment recoveries but not reduce a payment by less than 10 percent if zeroing it out would defeat the program's purpose.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 1 benefits, 1 costs, 1 mixed.
No disability pay if getting unemployment
If enacted, this bill would reduce your Social Security disability-related payments to zero for any month before you reach retirement age if you are also entitled to unemployment compensation that month. The zeroing would apply to benefits under section 223 and related section 202 payments based on wages or self-employment income. Federal agencies would have to share information and the Commissioner could make agreements with States to determine entitlement. Any determination would include notice and a hearing. This change would take effect upon enactment.
Immediate disability checks for terminally ill
If enacted, this bill would let you elect to start Disability Insurance Benefits (DIB) right away if you have a qualifying terminal illness. You would make the election when you file and it would be irrevocable. Your monthly payment under that election would be 93 percent of the amount you would otherwise get. The Commissioner would publish the qualifying-illness list by formal rule not later than 6 months after enactment and every 5 years. The bill would also require Congress to pass a law or joint resolution before the Compassionate Allowance list can add any disease. A special rule would apply for ALS applicants who filed between December 22, 2020 and one year after enactment. The DIB changes apply to applications filed on or after the date that is six months after enactment.
Limit on full Social Security recoupment
If enacted, this bill would let the Commissioner recover an overpayment by reducing your monthly Social Security payment by less than the full amount when a full reduction would "defeat the purpose" of Title II. Any smaller reduction chosen could not cut your payment below 10 percent of the normal monthly amount. This change would take effect upon enactment.
Sponsors & CoSponsors
Sponsor
Lee, Mike [R-UT]
UT • R
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov