U.S. Sen. Mike Lee introduced legislation this week aimed at allowing terminally ill Americans to access disability benefits without being forced to endure months of government delays. Rep. Diana Harshbarger introduced companion legislation in the House.
The proposal, titled the Immediate Access for the Terminally Ill Act, would permit eligible workers who are unable to work due to a terminal illness to bypass the standard five-month waiting period required before receiving Social Security Disability Insurance (SSDI) benefits.
“The current five-month waiting period for disability benefits keeps terminally ill American workers from actually being able to use them in time,” Lee said in a statement. “Americans suffering from debilitating, life-threatening conditions need a better solution.”
Under current law, workers who qualify for SSDI must wait five months before receiving benefits — a delay critics say is particularly harmful for patients with limited life expectancy.
Rep. Harshbarger said the legislation balances compassion with fiscal responsibility.
“No one diagnosed with a terminal illness should spend their final months tangled in government red tape,” Harshbarger said. “At life’s most difficult moments, families deserve compassion, certainty, and peace of mind. This legislation ensures timely access to earned benefits while remaining fiscally responsible.”
The bill would give eligible terminally ill Americans a choice:
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Receive SSDI benefits immediately in exchange for a seven percent reduction, or
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Wait the standard five-month period and receive the full benefit.
The legislation also includes provisions aimed at protecting the long-term stability of the Social Security system. It would require that any future expansions to the Compassionate Allowances List (CAL) be recommended by the Social Security Administration and approved by Congress, rather than added administratively.
In addition, the bill would:
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Increase the overpayment collection threshold for Old-Age, Survivors, and Disability Insurance (OASDI) from $10 to 10 percent;
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Eliminate the ability to receive both SSDI and unemployment benefits simultaneously; and
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Save an estimated $5.6 billion over the next ten years, according to bill sponsors.
The legislation has received endorsements from both patient and disability advocacy organizations.
The National Organization of Social Security Claimants’ Representatives (NOSSCR) praised the bill for addressing delays that often prove devastating for terminally ill patients.
“NOSSCR supports all efforts to eliminate or limit the five-month exclusion period, but this is especially critical for the most vulnerable Americans,” said David Camp, senior policy advisor for the organization. “Many claimants die, lose savings or homes and suffer while waiting for benefits they earned.”
Patients Rising, a patient advocacy group, also endorsed the proposal.
“For patients facing a terminal illness, time is a luxury they do not have,” said Terry Wilcox, CEO of Patients Rising. “This legislation provides essential financial dignity and relief when families need it most.”
Supporters say the Immediate Access for the Terminally Ill Act reflects a conservative approach to reform — removing unnecessary bureaucracy while protecting taxpayers and preserving the integrity of federal programs.
The bill now heads to the committee process in both chambers, where lawmakers will debate its provisions in the coming weeks.
