H.R. 7104: Immediate Access for the Terminally Ill Act

The bill titled "Immediate Access for the Terminally Ill Act" proposes amendments to the Social Security Act to provide specific adjustments for individuals with certain terminal illnesses. Here’s a breakdown of the main components of the bill:

1. Immediate Disability Benefits for Terminal Illnesses

The bill allows individuals who are diagnosed with terminal illnesses, which are listed on the Compassionate Allowance list, to apply for and receive disability insurance benefits without having to wait. This applies to those who file their application within a specific period after the bill is enacted. The significant points include:

• The amendment enables these individuals to start receiving benefits beginning the month they are officially diagnosed and apply, rather than experiencing a waiting period.
• The Social Security Administration (SSA) is required to maintain a list of medical conditions and diseases that qualify for this expedited benefit process, which must be updated every five years.
• If individuals elect to receive these benefits early, their monthly benefit amount will be slightly reduced to 93% of what it would normally be.
• This election is permanent, meaning once they choose to receive these benefits early, they cannot change that decision.

2. Congressional Approval for List Additions

Starting from the enactment of this bill, any new disease or medical condition that the SSA wishes to add to the Compassionate Allowance list will require approval from Congress. This adds a layer of oversight and could potentially slow down the process for individuals who might benefit from new additions.

3. Prohibition on Concurrent Benefits

The bill includes a provision that prohibits individuals from receiving both social security disability benefits and unemployment compensation at the same time before reaching retirement age. Specifically:

• If an individual receives unemployment benefits, they will not be entitled to their social security disability benefits for that month.
• This rule is designed to limit overlap and ensure that individuals cannot collect both types of supports simultaneously.

4. Threshold for Overpayment Collections

The bill raises the threshold at which overpayments for old-age, survivors, and disability insurance benefits can be collected. Essentially:

• Currently, if an overpayment occurs, the SSA can reduce future payments to recoup that amount. The new regulation would allow the SSA to assess the situation more flexibly, ensuring that a complete reduction does not defeat the purpose of the benefits being issued.

5. Effective Date

The changes introduced by this bill are set to take effect 6 months after it is enacted, applying to all applications for disability insurance benefits filed after that period.

Relevant Companies

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