Option for disabled individuals with incurable terminal illnesses listed on the compassionate allowance list to receive disability insurance benefits without a waiting period

(a) In general Section 223 of the Social Security Act (42 U.S.C. 423) is amended— (1) in subsection (a)(1), in the matter following subparagraph (E)— (A) by inserting and who files an application for disability insurance benefits during the period that begins on December 22, 2020, and ends on the date that is 1 year after the date of enactment of the Immediate Access for the Terminally Ill Act after amyotrophic lateral sclerosis; and (B) by striking, or (iii) and inserting, (iii) in the case of an individual who makes an election under subsection (k), for each month beginning with the first month during all of which the individual is under a disability and in which the individual becomes entitled to such insurance benefits, or (iv); and (2) by adding at the end the following new subsection: (k) Option for disabled individuals with terminal illnesses To receive disability insurance benefits without a waiting period (1) In general An individual who is entitled to a disability insurance benefit and has been diagnosed with a medical condition or disease that is included in the most recent list published by the Commissioner of Social Security under paragraph (2) may elect to receive such benefit beginning with the first month during all of which the individual is under a disability and in which the individual becomes entitled to such benefit. (2) Publication of list Not later than 6 months after the date of enactment of this subsection, and every 5 years thereafter, the Commissioner of Social Security shall, through a formal rulemaking process in accordance with sections 556 and 557 of title 5, United States Code, publish a list of medical conditions and diseases— (A) which are included in the most recent list of Compassionate Allowance Conditions published by the Social Security Administration; (B) for which the average life expectancy for all individuals diagnosed with such condition or disease does not exceed 5 years from the date of diagnosis; and (C) for which there is no known cure. (3) Reduction in benefit amount If an individual described in paragraph (1) elects to receive a disability insurance benefit beginning with the first month during all of which the individual is under a disability and in which the individual becomes entitled to such benefit, the amount of such benefit for any month shall be equal to 93 percent of the amount otherwise determined for the individual under subsection (a)(2) (after the application of sections 202(q) and 215(b)(2)(A)(ii)). (4) Timing and effect of election An individual may only make an election under this subsection at the time the individual files an application for a disability insurance benefit under subsection (b), and any election under this subsection shall be irrevocable.. (b) Conforming amendments Section 223(a)(2) of the Social Security Act (42 U.S.C. 423(a)(2)) is amended— (1) by striking section 202(q) and and inserting subsection (k)(3), section 202(q), and; and (2) in subparagraph (B), by striking clause (ii) of paragraph (1) and inserting clause (ii), (iii), or (iv) of the matter following subparagraph (E) of paragraph (1). (c) Effective date The amendments made by this section shall apply with respect to applications for disability insurance benefits filed on or after the date that is 6 months after the date of enactment of this Act.