[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4192 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4192
To amend title II of the Social Security Act to permit disabled
individuals to elect to receive disability insurance benefits during
the disability insurance benefit waiting period, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 18, 2024
Ms. Stabenow (for herself and Ms. Collins) introduced the following
bill; which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend title II of the Social Security Act to permit disabled
individuals to elect to receive disability insurance benefits during
the disability insurance benefit waiting period, and for other
purposes.
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 ``We Can't Wait Act of 2024''.
SEC. 2. ELECTION TO RECEIVE.
(a) In General.--Section 223(a) of the Social Security Act (42
U.S.C. 423) is amended--
(1) in paragraph (1), in the matter following subparagraph
(E), by striking ``(i)'' and all that follows through ``, (ii)
in'' and inserting ``(i) for each month beginning with the
first month after the individual's waiting period (as defined
in subsection (c)(2)) in which the individual becomes so
entitled to such insurance benefits unless the individual
elects to receive insurance benefits during such waiting period
in accordance with paragraph (3), (ii) in the case of an
individual electing to receive insurance benefits during the
individual's waiting period pursuant to the preceding clause
and in'';
(2) in paragraph (2), by striking ``and section
215(b)(2)(A)(ii)'' and inserting ``, section 215(b)(2)(A)(ii),
and paragraph (3) of this subsection,''; and
(3) by adding at the end the following new paragraph:
``(3)(A) An individual may elect to receive disability
insurance benefits during the individual's waiting period
pursuant to paragraph (1) if such individual or their appointed
representative makes such election in writing (which may
include selecting an option on a benefit application form)
during--
``(i) in the case of an individual who has applied
for but not yet received a decision on their
application for such disability insurance benefits
before the date on which this paragraph takes effect--
``(I) the 45-day period following such
date, or
``(II) the 10-day period (if such period
ends later than the end of the 45-day period)
following the date on which such individual
receives a decision on such application which
is favorable to such individual,
``(ii) in the case of an individual applying for
disability insurance benefits on or after the date on
which this paragraph takes effect--
``(I) the date on which such individual
files an application for disability insurance
benefit, or during the 10-day period following
such date,
``(II) the date on which such individual
requests reconsideration of the initial
determination, or during the 10-day period
following such date; or
``(III) the date on which such individual
requests a hearing by an administrative law
judge, or during the 10-day period following
such date,
``(iii) in the case of an individual whose interest
the Commissioner of Social Security determines would be
served by making payment of the individual's benefit to
a representative payee (within the meaning of section
205(j)), such individual's election may be revoked or
confirmed by such representative payee during the 10
day period beginning on the date on which such
representative payee is selected, and
``(iv) in the case of an individual who elects to
receive disability insurance benefits during such
individual's waiting period pursuant to paragraph (1),
the individual may revoke such election during the
periods described in this subparagraph, except that in
no event shall such elections or revocations occur in
the first month of an established period of
eligibility.
``(B) In the case of an individual electing to receive a
disability insurance benefit during the individual's waiting
period pursuant to paragraph (1), such individual's disability
insurance benefit for any month during or after such waiting
period shall--
``(i) be equal to the product of--
``(I) the disability insurance benefit
amount determined under paragraph (2) (as
determined before application of this
paragraph), multiplied by
``(II) the percentage determined under
subparagraph (C) for the month during which
such individual first becomes entitled to such
disability insurance benefit,
``(ii) continue unchanged for the entire period of
eligibility for such disability insurance benefit, and
without the effect of recalculations described under
subparagraph (C), and
``(iii) if applicable, be paid as part of a claim
of entitlement to past-due benefits under this title
and included in the total dollar amount of such past-
due benefits.
``(C) The percentage determined under this subparagraph
shall be--
``(i) for any month in the 36-month period
beginning with the first month that begins after the
date that is 180 days after the date of enactment of
this paragraph, 93.9 percent, and
``(ii) for any subsequent month, the percentage
most recently certified by the Commissioner under
paragraph (D)(ii).
``(D)(i) Not later than the end of the 36-month period
described under subparagraph (C)(i), and not later than the end
of every 5-year period thereafter, the Chief Actuary of the
Social Security Administration shall calculate a percentage
such that the fiscal impact over a 75-year period upon the
Federal Disability Insurance Trust Fund if all individuals who
applied pursuant to paragraph (1) to receive disability
insurance benefits made an election to receive benefits during
their waiting periods is equal to the fiscal impact over such
period upon such Trust Fund that would have been made if all
individuals who applied had not made such election.
``(ii) Not later than the end of the 36-month period
described under subparagraph (C)(i), and not later than the end
of every 5-year period thereafter, the Commissioner--
``(I) if the percentage calculated by the Chief
Actuary in accordance with clause (i) is greater than
or equal to 91 percent, shall certify to the Managing
Trustee such percentage, or
``(II) if such percentage is less than 91 percent,
may elect not to certify such percentage to the
Managing Trustee.
``(iii) Not later than 2 years after the Commissioner
elects not to certify any percentage calculated by the Chief
Actuary, the Chief Actuary shall prepare and deliver a report
to Congress, including detailed recommendations for
administrative or legislative actions to permit individuals
eligible for disability insurance benefits to receive
disability insurance benefits during the disability insurance
benefit waiting period such that the fiscal impact over a 75-
year period upon the Federal Disability Insurance Trust Fund is
actuarially neutral.
``(E) No election made or not made by an individual
pursuant to this paragraph shall be construed to have any
effect on any benefits payable to any other individual on the
basis of such individual's wages and self-employment income.
``(F) The Commissioner shall make available to the general
public by posting on a website information relating to electing
to receive disability insurance benefits during the waiting
period, including a calculator which an individual may use to
determine the effect of electing to receive disability
insurance benefits during the waiting period on the
individual's disability insurance benefit.
``(G) Each application for entitlement to disability
insurance benefits that may subject the individual to the
waiting period pursuant to paragraph (1) shall allow for new
elections or revocations under this paragraph.''.
(b) Effective Date.--The amendments made by this section shall
apply to applications for disability insurance benefits that are made
or pending on or after the first day of the first month that begins at
least 180 days after the date of enactment of this Act.
(c) Update to Social Security Disability Forms.--Not later than 180
days after the date of enactment of this Act, the Commissioner of
Social Security shall update the application forms for applying for
disability insurance benefits to include an option for applicants to
elect to receive disability insurance benefits during their waiting
period.
<all>