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Pending legislation.

Published on U.S. Senator Christopher J. Dodd (http://dodd.senate.gov)
--> 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

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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



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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.

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