Legislation Introduced to Ensure Coverage for Individuals with Terminal Illnesses
August 17 2006 | ALS News

Claire Collier was with us to kick off Ride for Life 2005. From the decks of the Intrepid, she participated in the Today Show interview. Her brother continued her support of our efforts by organizing a bicycle component of the Ride. This year, a score of bicycle enthusiasts rode over 100 miles in one day to meet the wheelchair riders at our event ended in Montauk. Claire's friends and brother helped raise over $6,000.

For our web readers who do not remember or are not aware, Claire was unable to obtain SSDI. Although Claire had worked and contributed to the disability fund, she left the workforce as a young woman and chose to raise a family. Before her children grew and before she was able to return to the work place, she was stricken with ALS. With youngsters at home, and Claire struggling to survive on her vent, she needs help more than ever. When she applied for benefits she had paid into, she was denied. Current SSDI regulations require her to earn 20 quarters of credit (which she had done) within the last ten years, which was impossible because she was raising her children.

Attached is the summary of a bill introduced into the United States Senate on her behalf by Connecticut Senator Chris Dodd. I urge you to open it and read about this courageous woman who is seeking fairness and equality. Men are never in that position because they continue to work as their wives stay home. You go, Claire!

Why not...contact your Senator and ask for their support? Also, email us (email@rideforlife.com) to let us hear your support. We can pass it on to her family.

Chris Pendergast, PALS Diagnosed 1993
Ride for Life Founder and President




Dodd Introduces Measure to Ensure Coverage for Individuals with Terminal Illnesses
August 11, 2006

Washington- Senator Chris Dodd (D-CT) has introduced legislation in the Senate that would amend the Social Security Act (SSA) to ensure that individuals suffering from certain terminal diseases are entitled to receive social security disability benefits. Under current law, an individual who contracts a covered terminal illness, and who has not been part of the workforce for a period of time, may not qualify for social security disability benefits they would otherwise be entitled to.

“This bill is really about ensuring fairness. We should reward people who contribute to the social security system, not punish them,” Dodd said. “Under the current system hardworking Americans are being denied benefits at a time when they need them most,” Dodd said.

The Claire Collier Social Security Disability Insurance Fairness Act would amend the SSA to provide that the eligibility standard for disability insurance benefits not be applicable in the case of a disabled individual suffering from a covered terminal illness. Currently, the SSA mandates that a person earn 20 quarters of Social Security earnings during the 10 years preceding a disability to collect benefits. This discriminates against people who have earned the required number of credits outside of the time period prescribed.

This bill is named after Claire Collier, a Stamford mother of three, who was diagnosed with amyotrophic lateral sclerosis (ALS) in 2003. Sen. Dodd became aware of this issue after meeting with Ms. Collier in Washington

BILL TEXT
S 3839
VERSION: INTRODUCED IN SENATE
Aug. 3, 2006

109th CONGRESS

2d Session

S. 3839

To amend title II of the Social Security Act to provide that the eligibility requirement for disability insurance benefits under which an individual must have 20 quarters of Social Security coverage in the 40 quarters preceding a disability shall not be applicable in the case of a disabled individual suffering from a covered terminal disease.

IN THE SENATE OF THE UNITED STATES

AUGUST 3, 2006

Mr. DODD introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL

To amend title II of the Social Security Act to provide that the eligibility requirement for disability insurance benefits under which an individual must have 20 quarters of Social Security coverage in the 40 quarters preceding a disability shall not be applicable in the case of a disabled individual suffering from a covered terminal disease.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the “Claire Collier Social Security Disability Insurance Fairness Act”.

SEC. 2. EXCEPTION FROM 20/40 REQUIREMENT FOR DISABILITY INSURANCE BENEFITS FOR INDIVIDUALS SUFFERING FROM A COVERED TERMINAL DISEASE.

(a) Exception From Recent Work Requirement.—


(1) IN GENERAL.—Section 223(c)(1) of the Social Security Act (42 U.S.C. 423(c)(1)) is amended in the flush matter following subparagraph (B)(iii) by inserting “or suffering from a covered terminal disease” after “216(i)(1))”.


(2) CONFORMING AMENDMENT.—Section 216(i)(3) of such Act (42 U.S.C. 416(i)(3)) is amended in the flush matter following subparagraph (B)(iii) by inserting “or suffering from a covered terminal disease” after “paragraph (1))”.

(b) Definition of Covered Terminal Disease.—Not later than 60 days after the date of enactment of this Act, the Commissioner of Social Security shall issue a proposed rule defining the term “covered terminal disease” for purposes of sections 216(i)(3) and 223(c)(1) of the Social Security Act (as amended by subsection (a)) that shall include (but not be limited to) those diseases that are incurable, progressive, and terminal, including neurodegenerative and neurological diseases that are likely to cause death within a 5-year period of onset.

(c) Interim Final and Final Rules.—


(1) INTERIM FINAL RULE.—Not later than 90 days after the date of enactment of this Act, the Commissioner of Social Security shall issue an interim final rule defining the term “covered terminal disease” in accordance with the requirements of subsection (b) and shall provide for a period of public comments on such rule.


(2) FINAL RULE.—Not later than 6 months after the date of enactment of this Act, the Commissioner of Social Security shall issue a final rule defining the term “covered terminal disease” in accordance with the requirements of subsection (b) and consideration of any public comments received during the period required under paragraph (1).

(d) Effective Date.—The amendments made by subsection (a) shall take effect on the date of enactment of this Act and shall apply to any applications for disability insurance benefits under title II of the Social Security Act that are pending or filed on or after that date.

Source: Government Printing Office
From CQ Bill Text Service
Providing government documents on demand, in context.
© 2006 Congressional Quarterly Inc. All Rights Reserved.

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