disability insurance benefits

disability insurance benefits Sec. 303. (a) (1) Clause (A) of the first sentence of section 216 (i)(1) of the Social Security Act is amended by striking out “or to be of long-continued and indefinite duration” and inserting in lieu thereof “or has lasted or can be expected to last for a continuous period of not less than 12 months”. 79 Stat. 367 (2) So much of section 223 (c)(2) of such Act as precedes the second sentence thereof is amended to read as follows: “(2) The term ‘disability’ means— “(A) inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months; or”, (b) (1) Paragraph (2) of section 216 (i) of such Act is amended to read as follows: “(2) (A) 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 6 full calendar months’ duration or such individual was entitled to benefits under section 223 for one or more months in such period. “(B) No period of disability shall begin as to any individual unless such individual files an application for a disability determination with respect to such period; and no such period shall begin as to any individual after such individual attains the age of 65. “(C) A period of disability shall begin— “(i) on the day the disability began, but only if the individual satisfies the requirements of paragraph (3) on such day; or “(ii) if such individual does not satisfy the requirements of paragraph (3) on such day, then on the first day of the first quarter thereafter in which he satisfies such requirements. “(D) A period of disability shall end with the close of whichever of the following months is the earlier: (i) the month preceding the month in which the individual attains age 65, or (ii) the second month following the month in which the disability ceases. “(E) No application for a disability determination which is filed more than 12 months after the month prescribed by subparagraph (D) as the month in which the period of disability ends (determined without regard to subparagraph (B) and this subparagraph) shall be accepted as an application for purposes of this paragraph. (2) Section 216(i)(3) of such Act is amended by striking out “clauses (A) and (B) of paragraph (2)” and inserting in lieu thereof “clauses (i) and (ii) of paragraph (2)(C)”. (3) Subparagraph (D) of section 223(a)(1) of such Act is amended by striking out “at the time such application is filed,”. So much of such section 223(a)(1) as follows subparagraph (D) is amended by striking out “the first month for which he is entitled to old-age insurance benefits,”. (4) Section 223(c)(3)(A) of such Act is amended by striking out “which continues until such application is filed”. (c) Section 223(b) of such Act is amended by striking out the last sentence and inserting in lieu thereof the following: “An individual who would have been entitled to a disability insurance benefit for any month had he filed application therefor before the end of such month shall be entitled to such benefit for such month if he files such application before the end of the 12th month immediately succeeding such month.” (d) The second sentence of section 202(j)(1) of such Act is amended by inserting “under this title” after “Any benefit”. (e) So much of section 215(a)(4) of such Act as precedes “the amount in column IV” is amended to read as follows: “(4) In the case of an individual who was entitled to a disability insurance benefit for the month before the month in which he died, became entitled to old-age insurance benefits, or attained age 65,”, 79 Stat. 368 (f) (1) The amendments made by subsection (a), paragraphs (3) and (4) of subsection (b), and subsections (c) and (d), and the provisions of subparagraphs (B) and (E) of section 216(i)(2) of the Social Security Act (as amended by subsection (b)(1) of this section), shall be effective with respect to applications for disability insurance benefits under section 223, and for disability determinations under section 216(i), of the Social Security Act filed— (A) in or after the month in which this Act is enacted, or (B) before the month in which this Act is enacted, if the applicant has not died before such month and if— (i) notice of the final decision of the Secretary of Health, Education, and Welfare has not been given to the applicant before such month; or (ii) the notice referred to in subparagraph (i) has been so given before such month but a civil action with respect to such final decision is commenced under section 205(g) of the Social Security Act (whether before, in, or after such month) and the decision in such civil action has not become final before such month; except, that no monthly insurance benefits under title II of the Social Security Act shall be payable or increased by reason of the amendments made by subsections (a) and (b) for months before the second month following the month in which this Act is enacted. The preceding sentence shall also be applicable in the case of applications for monthly insurance benefits under title II of the Social Security Act based on the wages and self-employment income of an applicant with respect to whose application for disability insurance benefits under section 223 of such Act such preceding sentence is applicable. (2) The amendment made by subsection (e) shall apply in the case of the primary insurance amounts of individuals who attain age 65 after the date of enactment of this Act.