elimination of the waiting period for disability insurance benefits in certain cases

elimination of the waiting period for disability insurance benefits in certain cases Sec. 402. (a) Section 223(a)(1) of the Social Security Act is amended by striking out “shall be entitled to a disability insurance benefit for each month, beginning with the first month after his waiting period (as defined in subsection (c)(3)) in which he becomes so entitled to such insurance benefits” and inserting in lieu thereof the following: “shall be entitled to a disability insurance benefit (i) for each month beginning with the first month after his waiting period (as defined in subsection (c)(3)) in which he becomes so entitled to such insurance benefits, or (ii) for each month beginning with the first month during all of which he is under a disability and in which he becomes so entitled to such insurance benefits, but only if he was entitled to disability insurance benefits which terminated, or had a period of disability (as defined in section 216(i)) which ceased, within the 60-month period preceding the first month in which he is under such disability,”. (b) Section 223(a)(2) of such Act is amended to read as follows: “(2) Such individual’s disability insurance benefit for any month shall be equal to his primary insurance amount for such month determined under section 215 as though he became entitled to old-age insurance benefits in— “(A) the first month of his waiting period, or “(B) in any case in which clause (ii) of paragraph (1) of this subsection is applicable, the first month for which he becomes so entitled to such disability insurance benefits.” (c) The first sentence of section 223(b) of such Act is amended to read as follows: “No application for disability insurance benefits shall be accepted as a valid application for purposes of this section (1) if it is filed more than nine months before the first month for which the applicant becomes entitled to such benefits, or (2) in any case in which clause (ii) of paragraph (1) of subsection (a) is applicable, if it is filed more than six months before the first month for which the applicant becomes entitled to such benefits; and any application filed within such nine months’ period or six months’ period, as the case may be, shall be deemed to have been filed in such first month.” (d) The second sentence of section 223(b) of such Act is amended by striking out “if he files application therefor” and inserting in lieu74 Stat. 968 thereof “if lie is continuously under a disability after such month and until he files application therefor, and he files such application”. (e) (1) The first sentence of section 216(i)(2) of such Act is amended to read as follows: “The term ‘period of disability’ means a continuous period (beginning and ending as hereinafter provided in this subsection) during which an individual was under a disability (as defined in paragraph (1)), but only if such period is of not less than six full calendar months’ duration or such individual was entitled to benefits under section 223 for one or more months in such period.” (2) (A) The fifth sentence of such section 216(i)(2) is amended by inserting “, or, in any case in which clause (ii) of section 223(a)(1) is applicable, more than six months before the first month for which such applicant becomes entitled to benefits under section 223,” after “(as determined under this paragraph)”. (B) Such section 216(i)(2) is further amended by adding at the end thereof the following new sentence: “Any application for a disability determination which is filed within such three months’ period or six months’ period shall be deemed to have been filed on such first day or in such first month, as the case may be.” (f) The amendments made by subsections (a) and (b) shall apply only with respect to benefits under section 223 of the Social Security Act for the month in which this Act is enacted and subsequent months. The amendment made by subsection (c) shall apply only in the case of applications for benefits under such section 223 filed after the seventh month before the month in which this Act is enacted. The amendment made by subsection (d) shall apply only in the case of applications for benefits under such section 223 filed in or after the month in which this Act is enacted. The amendment made by subsection (e) shall apply only in the case of individuals who become entitled to benefits under such section 223 in or after the month in which this Act is enacted.