Articles from prior issues of The Advocate

March/April 2001

Can The Five Month Waiting Period Be Eliminated?
by Martha Marshall, Legislative Chair

In 1999 NADE membership went on record asking the Social Security Administration and the Congress to eliminate the five month waiting period for Title II disability claimants. We are now one step closer to achieving that goal.

On January 31, 2001, Representative Barney Frank (D-MA) introduced legislation (H.R. 344,) “to amend titles II and XVII of the Social Security Act to eliminate the five month waiting period which is presently required in order for an individual to be eligible for benefits based on disability or for the disability freeze and to eliminate the 24 month waiting period for disabled individuals to become eligible for medicare benefits.” This bill, known as the Social Security Disability Waiting Period Elimination Act of 2001, has been referred to the Committee on Ways and Means and to the Committees on Energy and Commerce and Transportation and Infrastructure for consideration of those provisions which fall within the jurisdiction of those committees.

Representative Frank introduced similar legislation in the early 1980s and re-introduced it through out the 1980s. He is introducing it again at this time because he and his staff continue to hear stories of frustration and distress from constituents caught up in the economic hardships caused by the five month waiting period - the same problems and issues which in 1999 prompted NADE to develop our Position Paper urging elimination, or at least reduction, of the five month waiting period.

NADE has shared its Position Paper extensively with SSA officials, members of Congress and a number of advocate groups. Although we had not previously shared it with Representative Frank, we have now; and in our discussions with his staff, it is clear that their concerns parallel ours.

It is clearly going to be an uphill battle to get this legislation passed. We have always known that. However, on December 21, 2000, President Clinton signed P.L. 106-554, which included a provision to waive the 24 mongh Medicare waiting period for persons medically determined to have ALS. This would seem to open the door for serious consideration of Rep. Frank’s bill. Now it is important that NADE members contact their respective U.S. Senators and Representatives to urge their support of this important legislation.

NOTE: A copy of our Position Paper can be found in the Sept/Oct 1999 NADE ADVOCATE or on our WEB site at www.nade.org.