H.R. 6445 (112th): Recovering Service Members Disability Benefits Act

112th Congress, 2011–2013. Text as of Sep 20, 2012 (Introduced).

Status & Summary | PDF | Source: GPO

I

112th CONGRESS

2d Session

H. R. 6445

IN THE HOUSE OF REPRESENTATIVES

September 20, 2012

(for himself, Mr. Loebsack, Mr. Marino, Mr. West, and Mr. Jones) 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 provide that the waiting period for disability insurance benefits shall not be applicable in the case of a recovering service member.

1.

Short title

This Act may be cited as the Recovering Service Members Disability Benefits Act.

2.

Exception from waiting period for disability insurance benefits of recovering service members

(a)

Exception from waiting period

The first sentence of section 223(a)(1) of the Social Security Act (42 U.S.C. 423(a)(1)) is amended, in clause (ii) thereof in the matter following subparagraph (E)—

(1)

by inserting (I) after but only; and

(2)

by inserting or (II) if such individual is a recovering service member, after the first month in which he is under such disability,.

(b)

Definition of recovering service member

Section 223(a) of the Social Security Act (42 U.S.C. 423(a)) is further amended by adding at the end the following:

(3)

For purposes of this subsection—

(A)

the term recovering service member means a member of the Armed Forces, including a member of the National Guard or a Reserve component, who is undergoing medical treatment, recuperation, or therapy while recovering from a serious bodily injury or physical illness related to the member’s military service; and

(B)

the term serious bodily injury or physical illness means in the case of a member of the Armed Forces, a bodily injury or physical illness incurred by the member in line of duty on active duty in the Armed Forces while in a combat zone designated under section 112(c)(2) of the Internal Revenue Code of 1986, that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating.

.

3.

Effective date

The amendments made by this Act shall apply with respect to applications for benefits filed on or after the date that is 90 days after the date of enactment of this Act.