Sec. 108. Eliminating the 5-month waiting period for disability benefits
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/bill/118/s/2280/is/section-108A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 223(a) of the Social Security Act ( 42 U.S.C. 423(a) ) is amended— in paragraph (1), in the matter following subparagraph (E), by striking
(i)for each month and all that follows through under such disability, and inserting for each month beginning with the first month during all of which the individual is under a disability and in which the individual becomes entitled to such insurance benefits ; and in paragraph (2)— by striking as though he had attained age 62 and all that follows through and as though and inserting as though he had attained age 62 in the first month for which he becomes entitled to such disability insurance benefits, and as though ; and by striking in or before the first month referred to in subparagraph
(A)or
(B)of such sentence, as the case may be, and inserting in or before such month, . Section 202 of the Social Security Act ( 42 U.S.C. 402 ) is amended— in subsection (e)— in paragraph (1)— in subparagraph (C)(ii)(III), by striking paragraph
(8)and inserting paragraph
(6); and by striking beginning with— and all that follows through and ending and inserting beginning with the first month in which she becomes so entitled to such insurance benefits and ending ; and by striking paragraph
(5)and redesignating paragraphs
(6)through
(8)as paragraphs
(5)through (7), respectively; in subsection (f)— in paragraph (1)— in subparagraph (C)(ii)(III), by striking paragraph
(8)and inserting paragraph
(6); and by striking beginning with— and all that follows through and ending and inserting beginning with the first month in which he becomes so entitled to such insurance benefits and ending ; and by striking paragraph
(5)and redesignating paragraphs
(6)through
(8)as paragraphs
(5)through (7), respectively. The amendments made by this section shall apply with respect to any individual who becomes entitled to monthly insurance benefits in any case in which the period of disability during which the individual became so entitled begins in a month in calendar years 2025 through 2034. In the case of any individual who would be in a waiting period (as defined in section 223(c)(2) of the Social Security Act) as of January 2024, the last month of such individual’s waiting period shall be deemed to be December 2024. In the case of an individual who would be in a waiting period (as so defined) as of January 2035 but for the amendments made by this section, such individual’s waiting period shall be deemed— to begin with the month of January 2035; and to consist of a number of months equal to the difference of 5 minus the number of months in the applicable period of disability of the individual that elapsed during 2034.
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