Transformative We Can’t Wait Act Launched by Senators to Address SSDI Delays, Promising Relief for Millions of Disabled Americans 

The Issue 

When applying for Social Security Disability Insurance (SSDI) benefits, there are a lot of questions you might have. Many wonder how long does it take to get approved for SSDI? While this period varies greatly by case, there are other time constraints to be aware of when applying.  One of the biggest obstacles faced in the process is the existing structure mandates a five-month waiting period after eligibility before disbursing benefits.

Historically, the Social Security Administration (SSA) created this waiting period with the intention to ensure that claimants were truly disabled long-term—a type of checks and balances approach. However, this extended waiting period has proven to be detrimental to those in need, sometimes causing individuals who desperately rely on these resources to face extreme financial hardship or even death.  

During the application review process, the SSA determines the “established onset date” (EOD)—the date that the claimants’ disability began. Medical records, work history, and other supporting documentation included in an application help establish the EOD. Because of the mandatory waiting period, disabled individuals do not receive payment for the first five months after their established onset date of disability. For example, if your onset disability date is April 1, you would not start receiving your benefits until September. This policy has severe implications, causing financial strain and even life-threatening situations for the disabled and terminally ill. Many beneficiaries have to consider what to do for income while waiting for disability. 

The Government Accountability Office reports that in the last decade, approximately 110,000 people have died awaiting SSDI benefits, and about 50,000 filed for bankruptcy while waiting for decisions on their applications. The exclusion period delays essential treatment and financial support, exacerbating the hardships people with chronic illnesses and disabilities endure. 

The Solution 

Senators Debbie Stabenow (D-MI) and Susan Collins (R-ME) introduced the We Can’t Wait Act of 2023, which aims to amend Title II of the Social Security Act. If passed, this crucial legislation will allow Social Security Disability beneficiaries to elect to receive benefits during the current waiting period. The Senate referred the bill, numbered S.3400, has been referred to the Senate Committee on Finance, headed by Senator Ron Wyden (D-OR).  

This act was announced by Senator Stabenow during her keynote address at NOSSCR’s May 2023 annual conference. It addresses the significant issue mentioned previously: the mandatory five-month exclusion period for SSDI beneficiaries.  

The We Can’t Wait Act seeks to empower claimants with the choice to receive their benefits without delay, addressing an urgent need for countless Americans. Nearly 2 million people apply for SSDI annually, relying on monthly benefits for essential needs like rent and food. However, the current system’s exclusions lead to financial ruin and critical health risks. 

“I hope this ends what is sadly an all too often occurrence when we have clients who die before they ever receive their first check. Hopefully that will be a thing of the past with the We Can’t Wait Act.” Jason Turkish, President and Managing Partner of Nyman Turkish.  

Many Americans commend Senator Stabenow and Senator Collins for their commitment to the dignity of disabled Americans. This Act recognizes the right of disabled individuals to make informed choices about receiving their benefits when they need them most. It aims to prevent the tragic occurrences of individuals dying before receiving their first SSDI check, potentially saving countless lives and providing much-needed relief and support to those in dire circumstances. 

What Happens Next

The act would set in motion a policy allowing individuals to choose to receive disability insurance benefits during their waiting period, with flexibility in both timing and benefit calculations. Applicants would have the opportunity to opt into this new policy in writing at certain points in the application process, with the benefit amount adjusted periodically based on actuarial reviews.  

The bill has received broad support from both parties and is currently in the first stage of the legislative process. It was introduced in Congress in 2023. The bill has been referred to the Senate Committee on Finance for consideration.