COMMITTEE SUBSTITUTE FOR

SENATE CONCURRENT RESOLUTION NO. 11

(By Senators Ross, Sharpe, Minard, Kessler, Helmick, Fanning, Prezioso, Unger, Bowman, Anderson, Edgell, McCabe, Plymale, Mitchell, Hunter, Rowe, Sprouse, Facemyer, Redd, Burnette, Minear, Wooton, Jackson, Craigo and Tomblin, Mr. President)


[Originating in the Committee on Health and Human

Resources; reported March 14, 2001.]


Urging the United States Congress and the Social Security Administration waive the five-month waiting period for Social Security disability benefits for applicants who have been diagnosed with a terminal disease or condition or whose prognosis includes a life expectancy of one year or less.

Whereas, Across the State of West Virginia, agencies that process Social Security claims for the elderly and the disabled have become increasingly frustrated in their laudable mission to help those individuals obtain disability benefits because of the Social Security Administration's five-month waiting period requirement; and

Whereas, Every week, terminally ill persons who have applied for Social Security disability benefits are being denied the benefits they need because of the arbitrary waiting period imposed by the Social Security Administration; and

Whereas, Frequently, these terminally ill West Virginians do not survive the five-month waiting period and, thus, are deprived of basic human comforts and necessities during the worst part of their terminal illness; and

Whereas, The Legislature recognizes that waiving the five- month waiting period for Social Security disability benefits for these terminally ill applicants is a matter of utmost urgency for the individuals affected, as well as for the state in its continuing efforts to be solicitous of the welfare of her citizens; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby urges the United States Congress and the Social Security Administration take immediate action to waive the five-month waiting period for Social Security disability benefits for applicants who have been diagnosed with a terminal disease or condition or whose prognosis includes a life expectancy of one year or less; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the members of West Virginia's congressional delegation, Central West Virginia Aging Services and the Social Security Administration.