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              Congressional
              Research Servik





The ALS Disability Insurance Access Act of

2019 (S. 578)



December 7, 2020

On December  2, 2020, the Senate passed the ALS Disability Insurance Access Act of 2019 (S. 578),
which would amend the Social Security Act to eliminate the five-month waiting period for Social Security
Disability Insurance (SSDI) benefits for disabled workers with amyotrophic lateral sclerosis (ALS). This
Insight discusses the waiting period for SSDI and congressional action on S. 578.

SSDI

SSDI provides benefits to non-elderly disabled workers and their eligible dependents. To qualify,
individuals must have worked for a sufficient period in Social Security-covered employment and be
unable to perform substantial work due to any medically determinable physical or mental impairment that
is expected to last for at least 12 months or result in death. Disabled workers are automatically entitled to
Medicare after 24 months of entitlement to SSDI. In October 2020, SSDI provided benefits to 8.2 million
disabled workers and 1.5 million dependents.

Five-Month Waiting Period

Disabled workers must satisfy a five-month waiting period before they become entitled to cash benefits.
The waiting period ends five full consecutive calendar months after a claimant's disability onset date,
which is the first day a claimant meets (1) the definition of disability under Title II of the Social Security
Act and (2) all other entitlement requirements. For example, if a claimant's onset date were April 11, the
waiting period would begin on May 1 and would end on September 30. Under current law, there are no
impairment-related exceptions to the five-month waiting period for disabled workers with certain medical
conditions, even those considered terminal.

Rationale for the Waiting Period

Since SSDI was enacted in 1956, disabled workers have been required to serve a non-compensatory
waiting period. Originally, lawmakers required disabled workers to serve a six-month waiting period,
which was the standard used by most private insurance companies. Lawmakers later reducedthe

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