[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1498 Introduced in House (IH)]
103d CONGRESS
1st Session
H. R. 1498
To amend the Social Security Act to provide for findings of presumptive
disability under title II of such Act in the same manner and to the
same extent as is currently applicable under title XVI of such Act.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 25, 1993
Mr. Stark introduced the following bill; which was referred jointly to
the Committees on Ways and Means and Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Social Security Act to provide for findings of presumptive
disability under title II of such Act in the same manner and to the
same extent as is currently applicable under title XVI of such Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. FINDINGS OF PRESUMPTIVE DISABILITY UNDER TITLE II OF THE
SOCIAL SECURITY ACT.
(a) In General.--Section 221 of the Social Security Act (42 U.S.C.
421) is amended by adding at the end the following new subsection:
``Presumptive Disability
``(m)(1) The Secretary shall provide by regulation for findings of
whether an individual applying for benefits under section 223 or
benefits based on such individual's disability under section 202 is
presumptively disabled. Such findings shall be made in the same manner
and under the same disability standards as apply in finding whether an
individual applying for benefits under title XVI is presumptively
disabled under such title.
``(2) If an individual applying for benefits under section 223 or
benefits based on such individual's disability under section 202 is
found to be presumptively disabled under the regulations prescribed
pursuant to paragraph (1) and is determined to meet the requirements
for entitlement to such benefits other than the requirement that the
individual be under a disability, the Secretary shall pay such benefits
to such individual for each month during the period--
``(A) beginning with the later of--
``(i) the month in which the finding of presumptive
disability is made, or
``(ii) the first month after the expiration of the
applicable waiting period (as defined in section
223(c)(2), 202(e)(5)(A), or 202(f)(6)(A), as
applicable, as if the reference therein to `disability'
were a reference to `presumptive disability'), and
``(B) ending with the earlier of--
``(i) the last month before the date of a
determination of whether the individual is disabled, or
``(ii) the last month of the 6-month period
beginning with the month described in subparagraph (A).
``(3) An individual to whom a disability insurance benefit is
payable under paragraph (2) for any month shall be treated as entitled
to such benefit for such month for purposes of determining entitlement
of other persons to benefits for such month under section 202 based on
such individual's entitlement to such benefit.
``(4) Any benefits paid to an individual under this subsection for
months prior to the determination of whether such individual is
disabled, and benefits paid to another person on the basis of the
treatment of such individual as entitled to disability insurance
benefits under paragraph (3), shall in no event be considered
overpayments for purposes of section 204 solely because such individual
is determined not to be disabled.
``(5)(A) Subject to subparagraph (B), a benefit shall not be
payable to any individual under this subsection or section
1631(a)(4)(B) if such individual has been paid benefits based on the
presumptive disability or presumptive blindness of such individual for
6 months (irrespective of whether the prior payments were made pursuant
to this subsection, section 1631(a)(4)(B), or any combination thereof).
``(B) For purposes of subparagraph (A), any benefits paid under
this subsection or section 1631(a)(4)(B) in connection with a prior
disability or blindness of such individual shall be disregarded.''.
(b) Determinations of Medicaid Eligibility.--Section 1634 of such
Act (42 U.S.C. 1383c) is amended by adding at the end the following new
subsection:
``(e)(1) Any individual who receives a benefit under title II in
any month on the basis of presumptive disability pursuant to section
221(m) shall be deemed for purposes of title XIX to be a recipient of a
benefit under this title in such month in any case in which he or she
would be eligible for such benefit under this title in such month if
the amount of such benefit under title II received in such month were
disregarded.
``(2) For purposes of paragraph (1), the term `benefit under this
title' means a supplemental security income benefit under this title, a
State supplemental payment of the type referred to in section 1616(a),
and a payment of the type described in section 212(a) of Public Law 93-
66.''.
SEC. 2. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to
applications for benefits under title II of the Social Security Act
filed after the 180-day period following the date of the enactment of
this Act and may, at the discretion of the Secretary of Health and
Human Services, apply to applications filed during such period.
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