Home > 106th Congressional Bills > H.R. 4895 (ih) To amend the Food Security Act of 1985 to increase the maximum amount of marketing loan gains and loan deficiency payments that an agricultural producer may receive during each of crop years 2000, 2001, and 2002. [Introduced in House] %%Fil...

H.R. 4895 (ih) To amend the Food Security Act of 1985 to increase the maximum amount of marketing loan gains and loan deficiency payments that an agricultural producer may receive during each of crop years 2000, 2001, and 2002. [Introduced in House] %%Fil...


Google
 
Web GovRecords.org







108th CONGRESS
  2d Session
                                H. R. 4894

 To amend title II of the Social Security Act to eliminate the 5-month 
waiting period for entitlement to disability benefits and to eliminate 
    reconsideration as an intervening step between initial benefit 
  entitlement decisions and subsequent hearings on the record on such 
                               decisions.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 22, 2004

 Mr. McIntyre introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
 To amend title II of the Social Security Act to eliminate the 5-month 
waiting period for entitlement to disability benefits and to eliminate 
    reconsideration as an intervening step between initial benefit 
  entitlement decisions and subsequent hearings on the record on such 
                               decisions.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Disability Benefit Fairness Act of 
2004''.

SEC. 2. ELIMINATION OF 5-MONTH WAITING PERIOD FOR BENEFITS BASED ON 
              DISABILITY.

    (a) Disability Insurance Benefits.--
            (1) In general.--The first sentence of section 223(a)(1) of 
        the Social Security Act (42 U.S.C. 423(a)(1)) is amended by 
        striking ``(i) for each month'' and all that follows through 
        ``the first month in which he is under such disability'' and 
        inserting the following: ``for each month beginning with the 
        first month during all of which such individual is under a 
        disability and in which such individual becomes so entitled to 
        such insurance benefits''.
            (2) Waiting period eliminated from determination of benefit 
        amount.--
                    (A) In general.--The first sentence of section 
                223(a)(2) of such Act (42 U.S.C. 423(a)(2)) is amended 
                by striking ``in--'' and all that follows through ``and 
                as though'' and inserting the following: ``in the first 
                month for which such individual becomes entitled to 
                such disability insurance benefits, and as though''.
                    (B) Conforming amendment.--The second sentence of 
                section 223(a)(2) of such Act (42 U.S.C. 423(a)(2)) is 
                amended by striking ``subparagraph (A) or (B) of such 
                sentence, as the case may be'' and inserting ``such 
                sentence''.
            (3) Elimination of defined term.--
                    (A) In general.--Section 223(c)(2) of such Act is 
                repealed.
                    (B) Conforming amendments.--
                            (i) The heading of section 223(c) of such 
                        Act (42 U.S.C. 423(c)) is amended to read as 
                        follows: ``Definition of Insured Status''.
                            (ii) Section 223(c)(1) of such Act (42 
                        U.S.C. 423(c)(1)) is amended by striking ``For 
                        purposes of subparagraph (B) of this paragraph, 
                        when the number of quarters'' in the last 
                        sentence and inserting the following:
            ``(2) In applying paragraph (1)(B), when the number of 
        quarters''.
    (b) Widow's Insurance Benefits Based on Disability.--
            (1) In general.--Section 202(e)(1)(F) of such Act (42 
        U.S.C. 402(e)(1)(F)) is amended to read as follows:
            ``(F) if she satisfies subparagraph (B) by reason of clause 
        (ii) thereof, the first month during all of which she is under 
        a disability and in which she becomes so entitled to such 
        insurance benefits,''.
            (2) Elimination of defined term.--Section 202(e) of such 
        Act (42 U.S.C. 402(e)) is amended--
                    (A) by striking paragraph (5); and
                    (B) by redesignating paragraphs (6), (7), (8), and 
                (9) as paragraphs (5), (6), (7), and (8), respectively.
    (c) Widower's Insurance Benefits Based on Disability.--
            (1) In general.--Section 202(f)(1)(F) of such Act (42 
        U.S.C. 402(f)(1)(F)) is amended to read as follows:
            ``(F) if he satisfies subparagraph (B) by reason of clause 
        (ii) thereof, the first month during all of which he is under a 
        disability and in which he becomes so entitled to such 
        insurance benefits,''.
            (2) Elimination of defined term.--Section 202(f) of such 
        Act (42 U.S.C. 402(f)) is amended--
                    (A) by striking paragraph (6); and
                    (B) by redesignating paragraphs (7), (8), and (9) 
                as paragraphs (6), (7), and (8), respectively.
    (d) Elimination of Waiting Period for Commencement of Periods of 
Disability.--Section 216(i)(2)(A) of such Act (42 U.S.C. 416(i)(2)(A)) 
is amended by striking ``, but only'' and all that follows and 
inserting a period.
    (e) Effective Dates.--The amendments made by subsection (a) shall 
apply only with respect to benefits under section 223 of the Social 
Security Act, or under section 202 of such Act on the basis of the 
wages and self-employment income of an individual entitled to benefits 
under such section 223, for months after the third month following the 
month in which this Act is enacted. The amendments made by subsections 
(b) and (c) shall apply only with respect to benefits based on 
disability under subsection (e) or (f) of section 202 of the Social 
Security Act (42 U.S.C. 402) for months after the third month following 
the month in which this Act is enacted. The amendment made by 
subsection (d) shall apply only with respect to applications for 
disability determinations filed under title II of the Social Security 
Act on or after the 90th day following the date of the enactment of 
this Act.

SEC. 3. ELIMINATION OF RECONSIDERATION IN THE REVIEW PROCESS GOVERNING 
              DECISIONS ON BENEFIT ENTITLEMENT.

    (a) In General.--Section 205(b)(1) of the Social Security Act (42 
U.S.C. 405(b)(1)) is amended by adding at the end the following new 
sentence: ``Opportunity for a hearing under this title in accordance 
with this subsection with respect to any initial decision or 
determination under this title shall be available without any 
requirement for intervening reconsideration.''.
    (b) Conforming Amendments.--Section 205(b) of such Act is amended--
            (1) by striking paragraph (2); and
            (2) by redesignating paragraph (3) as paragraph (2).
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to initial decisions and determinations (subject to 
opportunity for a hearing to the extent provided under section 205(b) 
of the Social Security Act) issued after 1 year after the date of the 
enactment of this Act.
                                 <all>

Pages: 1

Other Popular 106th Congressional Bills Documents:

1 H.R. 4679 (ih) To reauthorize appropriations from the Violent Crime Reduction Trust Fund for the State Criminal Alien Assistance Program. [Introduced in House] ...
2 H.R. 5410 (ih) To establish revolving funds for the operation of certain programs and activities of the Library of Congress, and for other purposes. [Introduced in House] ...
3 S.Con.Res. 141 (enr) [Enrolled bill] ...
4 S. 2458 (is) To designate the facility of the United States Postal Service located at 1818 Milton Avenue in Janesville, Wisconsin, as the ``Les Aspin Post Office Building''. [Introduced in Senate] ...
5 H.R. 4523 (ih) To amend the Agricultural Market Transition Act to permit a producer to lock in a loan deficiency payment rate for a portion of a crop. [Introduced in House] ...
6 H.Res. 295 (rh) Providing for consideration of the bill (H.R. 1875) to amend title 28, United States Code, to allow the application of the principles of Federal diversity jurisdiction to interstate class actions. [Reported in House] ...
7 S.Res. 185 (ats) Recognizing and commending the personnel of Eglin Air Force Base, Florida, for their participation and efforts in support of the North Atlantic Treaty Organization's (NATO) Operation Allied Force in the Balkan region. [Agreed to Senate] %...
8 H.R. 1064 (eh) To authorize a coordinated program to promote the development of democracy in Serbia and Montenegro. [Engrossed in House] ...
9 H.R. 2091 (ih) To designate the Republic of Montenegro, the Former Yugoslav Republic [Introduced in House] ...
10 H.Res. 314 (ih) Expressing the sense of the House of Representatives that all parties involved in negotiating the compensation for the Nazi slave and forced labor victims should achieve a settlement that is fair and equitable to all claimants. [Introduced...
11 H.R. 4884 (ih) To redesignate the facility of the United States Postal Service located at 200 West 2nd Street in Royal Oak, Michigan, as the ``William S. Broomfield Post Office Building''. [Introduced in House] ...
12 H.R. 1791 (eh) To amend title 18, United States Code, to provide penalties for harming animals used in Federal law enforcement. [Engrossed in House] ...
13 H.R. 851 (ih) To require the Federal Communications Commission to establish improved predictive models for determining the availability of television broadcast signals. [Introduced in House] ...
14 S. 2812 (rfh) To amend the Immigration and Nationality Act to provide a waiver of the oath of renunciation and allegiance for naturalization of aliens having certain disabilities. [Referred in House] ...
15 S. 1408 (is) To amend the Small Business Investment Act of 1958 to promote the cleanup of abandoned, idled, or underused commercial or industrial facilities, the expansion or redevelopment of which are complicated by real or perceived environmental contam...
16 H.R. 1564 (ih) To require the Secretary of the Interior to conduct a study regarding Fort King, Florida. [Introduced in House] ...
17 S. 2917 (enr) To settle the land claims of the Pueblo of Santo Domingo. [Enrolled bill] ...
18 S. 2778 (rs) To amend the Sherman Act to make oil-producing and exporting cartels illegal. [Reported in Senate] ...
19 S. 2673 (is) To direct the Secretary of the Interior to convey certain land to Eureka County, Nevada, for continued use as cemeteries. [Introduced in Senate] ...
20 H.R. 751 (ih) To designate the Federal building and United States courthouse located at 504 Hamilton Street in Allentown, Pennsylvania, as the ``Edward N. Cahn Federal Building and United States Courthouse''. [Introduced in House] ...
21 H.Res. 317 (rh) Waiving points of order against the conference report to accompany the bill (H.R. 1906) making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies for the fiscal year ending September 30, 2...
22 H.R. 3832 (ih) To amend the Internal Revenue Code of 1986 to provide tax benefits for small businesses, and for other purposes. ``Calendar Year Per Capita Limit Aggregate Limit [Introduced in House] ...
23 S. 201 (is) To amend the Family and Medical Leave Act of 1993 to apply the Act to a greater percentage of the United States workforce, and for other purposes. [Introduced in Senate] ...
24 H.Con.Res. 205 (ih) Recognizing and honoring the heroic efforts of the Air National Guard's 109th Airlift Wing and its rescue of Dr. Jerri Nielsen from the South Pole. [Introduced in House] ...
25 H.Res. 616 (rh) Waiving points of order against the conference report to accompany the [Reported in House] ...
26 S. 2507 (rs) To authorize appropriations for fiscal year 2001 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and...
27 S.Res. 372 (is) Expressing the sense of the Senate with respect to United Nations General Assembly Resolution 1322. [Introduced in Senate] ...
28 H.Con.Res. 27 (rds) Providing for an adjournment or recess of the two Houses. [Received in the Senate] ...
29 S. 2547 (es) To provide for the establishment of the Great Sand Dunes National Park and Preserve and the Baca National Wildlife Refuge in the State of Colorado, and for other purposes. [Engrossed in Senate] ...
30 H.R. 2685 (ih) To guarantee the right of all active duty military personnel, merchant mariners, and their dependents to vote in Federal, State, and local elections. [Introduced in House] ...


Other Documents:

106th Congressional Bills Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions

Additional

1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy