Immediate Access for the Terminally Ill Act

Immediate Access for the Terminally Ill Act

This bill permits Social Security Disability Insurance (SSDI) beneficiaries with specified terminal illnesses to elect expedited payment of benefits in exchange for a reduction in the amount of their monthly benefit.

Specifically, the bill requires the Social Security Administration (SSA) to establish a list of medical conditions that qualify an individual for expedited payment. These conditions must have no known cure, must involve a life expectancy of five years or less, and must be present on the most recent Compassionate Allowances list (a list of medical conditions that, by definition, meet the standards for SSDI benefits). The bill directs SSA to update the list every five years. Congress must approve each medical condition added to the list.

Under the bill, individuals diagnosed with a specified terminal condition may elect to receive SSDI benefits beginning the month after the onset of disability. Under current law, individuals generally must wait five months after the onset of disability to begin receiving SSDI benefits. Individuals who opt to receive expedited payment must accept a 7% reduction in monthly benefits.

Separately, the bill prohibits individuals receiving unemployment benefits from simultaneously receiving SSDI benefits. The bill also permits SSA to collect less than 100% of an overpaid Social Security beneficiary’s monthly benefit, so long as the collection amount is not less than 10% of their monthly benefit.

Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov