A bipartisan-backed proposal in Congress could significantly change how quickly terminally ill Americans receive Social Security disability benefits, offering faster financial relief to those with limited life expectancy.
The Immediate Access for the Terminally Ill Act, reintroduced Thursday in both the House and Senate, would eliminate the long-standing five-month waiting period for certain Social Security Disability Insurance (SSDI) recipients diagnosed with fatal illnesses. The bill is sponsored by Rep. Diana Harshbarger (R-Tenn.) and Sen. Mike Lee (R-Utah).
If passed, the legislation would allow eligible terminally ill Americans to access their SSDI benefits almost immediately—addressing what lawmakers and advocates describe as a deeply flawed and often cruel delay in the current system.
Under the leadership of @POTUS, SSA has made HUGE improvements to better serve Americans and protect & strengthen Social Security!
⬇️Phone wait times DOWN to SINGLE DIGITS
🕙24/7 website access
🏢In-person wait times DOWN 30%
📉Over 30% drop in disability claims pending
⌚SAVING… pic.twitter.com/awnRhSBKB2— Social Security (@SocialSecurity) January 20, 2026
Why It Matters
More than 70 million Americans rely on Social Security benefits, including SSDI, to cover basic living expenses. Under existing rules, even individuals who are approved for disability benefits must wait five full months before payments begin.
For people facing terminal illnesses, that delay can mean never receiving benefits at all.
Many SSDI applicants with aggressive cancers or degenerative diseases have life expectancies shorter than the required waiting period. Advocates argue that forcing these individuals to wait months for benefits they’ve earned undermines both the purpose of SSDI and basic human dignity.
“No one diagnosed with a terminal illness should spend their final months tangled in government red tape,” Harshbarger said in a statement. “At life’s most difficult moments, families deserve compassion, certainty, and peace of mind.”
What the Bill Would Change
Under current Social Security rules, Americans who are unable to work due to a disabling condition must endure a five-month “exclusion period” before SSDI payments begin—even if the illness is terminal.
The proposed legislation would remove that waiting period for qualifying terminally ill applicants.
Specifically, the bill would apply to individuals who:
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Have a condition listed on the Social Security Compassionate Allowance List
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Suffer from a disease with no known cure
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Have an average life expectancy of five years or less from the date of diagnosis
Eligible individuals would be given two options:
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Immediate access to SSDI benefits with a 7% permanent reduction, or
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Wait the standard five months and receive full benefits
Supporters say the choice preserves fiscal responsibility while allowing families to prioritize urgent financial needs.
Support From Advocacy Groups
Several patient advocacy organizations have already endorsed the legislation, including the National Organization of Social Security Claimants’ Representatives (NOSSCR) and Patients Rising.
David Camp, senior policy adviser for NOSSCR, called the proposal critical for the most vulnerable claimants.
“Because many Social Security claimants die, lose savings or homes, and suffer as they wait for five months for their earned disability benefits, this legislation is especially important for those with fatal diseases and short life expectancies,” Camp said.
What Experts Are Saying
Sen. Mike Lee emphasized that the current system fails those who need help most.
“The current five-month waiting period keeps terminally ill American workers from actually being able to use their benefits in time,” Lee said. “This bill offers a practical solution for end-of-life care.”
Alex Beene, a financial literacy instructor at the University of Tennessee at Martin, noted that many Americans are unaware of the waiting period until it’s too late.
“It may surprise people to learn that SSDI benefits can take longer to arrive than a terminal patient’s expected lifespan,” Beene said. “This proposal provides flexibility while maintaining the option to receive full benefits.”
Not everyone supports the benefit reduction, however.
Kevin Thompson, CEO of 9i Capital, criticized the 7% cut attached to immediate access.
“A reduction is not compassion—it’s overreach,” Thompson said. “Terminally ill Americans should receive 100 percent of their earned benefits.”
What Happens Next
Policy experts say the bill stands a strong chance of advancing due to its narrow focus and bipartisan appeal.
“While many Social Security proposals struggle to move forward, this one addresses a clear humanitarian gap,” Beene said. “That makes it far more likely to pass.”
If approved, the Immediate Access for the Terminally Ill Act would mark one of the most significant SSDI reforms in years—ensuring that Americans facing the end of life are not forced to wait for benefits they may never live to receive.
