[Congressional Record Volume 169, Number 109 (Thursday, June 22, 2023)]
[Senate]
[Pages S2233-S2234]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WYDEN (for himself, Mr. Cassidy, Mr. Sanders, Mr. Budd, 
        Mr. Markey, Ms. Warren, Mr. Whitehouse, Mr. Merkley, Mrs. 
        Murray, and Mr. Brown):
  S. 2196. A bill to amend title II of the Social Security Act to 
eliminate work disincentives for childhood disability beneficiaries; to 
the Committee on Finance.
  Mr. WYDEN. Madam President, one topic there is much agreement on is 
the benefits of work, and our laws should support those who want to 
work. The bill I am introducing today will change Social Security so 
that parents and their children will know that working will never 
disadvantage them in the future.
  Let me explain the problem. Under current law, a child with a 
disability that began before age 22 may receive a Social Security 
benefit based on the work of a disabled, retired, or deceased parent. 
Often the child receives this benefit for the rest of their life. 
Social Security provides the benefit because the child is usually 
dependent on their parents for financial support. The problem is that 
the law regards earnings by the child above $1,470 a month as ending 
that dependency--even if the child is no longer able to maintain that 
level of work in the future. When that dependency ends, the child 
ceases to be eligible for the benefit from the parent. Instead, the 
child would receive a benefit based on their work. The benefit from the 
parent's work is often significantly larger than the child's own 
benefit. Because of this policy, parents of children with disabilities 
may prevent their child from working at their full potential, fearing 
that the work will cause the child to lose out on the larger benefit. 
We need to change Social Security to ensure parents and their children 
that working will not cause them to be worse off in the future.
  To provide that assurance, I am introducing the Work Without Worry 
Act. The bill ensures that any individual with a disability that began 
before age 22 will receive the larger of the benefit from either their 
parent's work or the benefit from their own work. Any earnings from 
work--no matter how much--will not prevent the child from receiving a 
Social Security benefit from their parent's work as long as the child 
is eligible for disability insurance by the same impairment from before 
age 22. This legislation would give parents the assurance that their 
child with a disability can work without having to worry that the child 
will lose out on the full protections that Social Security provides.
  I want to thank Kathy Holmquist, president of Pathways to 
Independence, Inc., in Portland, OR, who has been a leader in my State 
helping people with disabilities live and work with dignity. Kathy 
contacted me about the need for this legislation, and I appreciate her 
advocacy and support. Additional thanks to The Arc for the technical 
assistance and endorsement of the bill. The bill is also endorsed by 
the American Network of Community Options and Resources, ANCOR, 
National Down Syndrome Congress, the Association of University Centers 
on Disabilities, Justice in Aging, American Association on Health and 
Disability, Lakeshore Foundation, Autistic Women and Nonbinary Network, 
National Organization of Social Security Claimant Representatives, 
Special Needs Alliance, National Association of Disability 
Representatives, Autism Society of America, Disability Rights Education 
Fund, and the Consortium for Constituents with Disabilities, CCD, 
Social Security Task Force. I am grateful that Social Security 
Subcommittee Ranking Member John Larson is introducing the companion 
bill in the House of Representatives. The Senate bill is cosponsored by 
Senators Cassidy, Budd, Sanders, Klobuchar, Markey, Warren, Whitehouse, 
Merkley, Murray, and Brown.
  Madam President, I ask unanimous consent that the bill be printed in 
the Record following this statement, along with two support letters.
  There being no objection, the text of the bill and letters of support 
were ordered to be printed in the Record, as follows:

                                S. 2196

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Work Without Worry Act''.

     SEC. 2. ELIMINATION OF WORK DISINCENTIVE FOR CHILDHOOD 
                   DISABILITY BENEFICIARIES.

       (a) In General.--Section 202(d) of the Social Security Act 
     (42 U.S.C. 402(d)) is amended--
       (1) in paragraph (1)(B)(ii), by striking ``is under a 
     disability (as defined in section 223(d)) which began before 
     he attained the age of 22, and'' and inserting the following: 
     ``is under a disability (as defined in section 223(d)), and--

       ``(I) the physical or mental impairment (or combination of 
     impairments) that is the basis for the finding of disability 
     began before the child attained the age of 22 (or is of such 
     a type that can reasonably be presumed to have begun before 
     the child attained the age of 22, as determined by the 
     Commissioner), and
       ``(II) the impairment or combination of impairments could 
     have been the basis for a finding of disability (without 
     regard to whether the child was actually engaged in 
     substantial gainful activity) before the child attained age 
     22, and''; and

       (2) by adding at the end the following new paragraphs:
       ``(11)(A) In the case of a child described in subparagraph 
     (B)(ii) of paragraph (1) who--
       ``(i) has not attained early retirement age (as defined in 
     section 216(l)(2));
       ``(ii) has filed an application for child's insurance 
     benefits; and
       ``(iii) is insured for disability benefits (as determined 
     under section 223(c)(1)) at the time of such filing;
     such application shall be deemed to be an application for 
     both child's insurance benefits under this subsection and 
     disability insurance benefits under section 223.
       ``(B) In the case of a child described in subparagraph 
     (B)(ii) of paragraph (1) who--
       ``(i) has attained early retirement age (as defined in 
     section 216(l)(2));
       ``(ii) has filed an application for child's insurance 
     benefits; and
       ``(iii) is a fully insured individual (as defined in 
     section 214(a)) at the time of such filing;
     such application shall be deemed to be an application for 
     both child's insurance benefits

[[Page S2234]]

     under this subsection and old-age insurance benefits under 
     section 202(a).
       ``(C) Notwithstanding paragraph (1), in the case of a child 
     described in subparagraph (A) or (B), if, at the time of 
     filing an application for child's insurance benefits, the 
     amount of the monthly old-age or disability insurance benefit 
     to which the child would be entitled is greater than the 
     amount of the monthly child's insurance benefit to which the 
     child would be entitled, the child shall not be entitled to a 
     child's insurance benefit based on such application.
       ``(D) For purposes of subparagraph (C), the amount of the 
     monthly old-age or disability benefit to which the child 
     would be entitled shall be determined--
       ``(i) without regard to the primary insurance amount 
     calculation described section 215(a)(7); and
       ``(ii) before application of section 224.
       ``(12) For purposes of paragraph (1)(B)(ii), a child shall 
     not be required to be continuously under a disability during 
     the period between the date that the disability began and the 
     date that the application for child's insurance benefits is 
     filed.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to applications filed on or after the date that 
     is 24 months after the date of the enactment of this section.

                                  National Down Syndrome Congress.
     Hon. Ron Wyden,
     Washington, DC.
     Hon. Bill Cassidy,
     Washington, DC.
       Dear Chairman Wyden and Ranking Member Cassidy: The 
     National Down Syndrome Congress (NDSC) writes to thank you 
     for introducing the Work Without Worry Act of 2023. NDSC is 
     the country's oldest national organization for people with 
     Down syndrome, their families, and the professionals who work 
     with them. We provide information, advocacy, and support 
     concerning all aspects of life for individuals with Down 
     syndrome and work to create a national climate in which all 
     people will recognize and embrace the value and dignity of 
     people with Down syndrome. This bill would undoubtedly 
     positively impact the lives of people with Down syndrome.
       Under the current law, young adults who qualify for Social 
     Security Disabled Adult Child (DAC) benefits often hesitate 
     to explore employment opportunities due to the fear of losing 
     their vital benefits. The Work Without Worry Act offers a 
     much-needed solution by ensuring that any past earnings from 
     work, irrespective of the amount, will not impede the 
     eligibility of otherwise qualified individuals for Social 
     Security DAC benefits based on their parent's work history, 
     provided their medical impairment originated before the age 
     of 22.
       We believe that this bill will have a transformative impact 
     on the lives of individuals with disabilities, allowing them 
     to pursue their professional aspirations while maintaining 
     financial security. By promoting fairness and treating all 
     individuals with severe medical conditions that began before 
     age 22 equally, regardless of their parents' Social Security 
     benefit status, the Work Without Worry Act better ensures 
     inclusivity and equity within our society.
       NDSC fully supports the Work Without Worry Act's objectives 
     and applauds the bill's commitment to financial security and 
     fairness for young adults with disabilities. It is estimated 
     that this legislation will positively impact the lives of 
     nearly 6,000 individuals with disabilities over the next 
     decade, creating opportunities for growth and independence.
       Thank you for your leadership on this issue, and we look 
     forward to working with you to pass this bill into law. If 
     you have any questions, please contact Chapman Bryant, Policy 
     and Advocacy Associate.
           Sincerely,

                                                 Jordan Kough,

                                               Executive Director,
     National Down Syndrome Congress.
                                  ____

                                       Consortium for Constituents


                                            with Disabilities,

                                    Washington, DC, June 22, 2023.
     Senator Ron Wyden,
     Washington, DC.
     Senator Bill Cassidy,
     Washington, DC.
       Dear Senators Wyden and Cassidy: The cochairs of the 
     Consortium for Constituents with Disabilities (CCD) Social 
     Security Task Force write in support of the Work Without 
     Worry Act and thank you for introducing this crucial 
     legislation. The Consortium for Constituents with 
     Disabilities (CCD) is the largest coalition of national 
     organizations working together to advocate for Federal public 
     policy that ensures the self-determination, independence, 
     empowerment, integration, and inclusion of children and 
     adults with disabilities in all aspects of society free from 
     racism, ableism, sexism, and xenophobia, as well as LGBTQ+ 
     based discrimination and religious intolerance.
       Many people with disabilities rely on Social Security 
     ``Disabled Adult Child'' (DAC) benefits. These crucial 
     benefits allow people whose disabilities onset before age 22 
     to claim benefits on a parent's record, allowing parents to 
     continue to support their children with disabilities even 
     after retirement, disability, or death. Unfortunately, 
     navigating the different programs and their rules are 
     extremely complex for people with disabilities and their 
     families. Most important, if a young person with disability 
     has countable earnings of even a dollar over the substantial 
     gainful activity (SGA) level ($1470 a month in 2023) before 
     receiving DAC benefits, they lose their eligibility for DAC 
     benefits forever. This creates a disincentive to work for 
     young adults with disabilities, who may want to try and work, 
     but who are unsure of their capacity and need to try working 
     different numbers of hours. There are many circumstances in 
     which a young person with a disability may be able to earn 
     over SGA for a short period of time or a few times, but are 
     unable to sustain that level of work or income in the long-
     run. Families often worry that the wrong amount of work will 
     cause their family member to lose eligibility for DAC 
     benefits and this fear may discourage young adults with 
     disabilities from working.
       The Work Without Worry Act would eliminate this work 
     disincentive by allowing young adults with disabilities to 
     try and work and see if they can support themselves without 
     losing eligibility for DAC benefits. Earnings from work over 
     SGA will not prevent the individual from receiving DAC 
     benefits from their parent's work history as long as the 
     individual remains disabled by the same impairment from 
     before age 22 and meets other eligibility conditions for 
     benefits. The benefit amount will be either the benefit from 
     the individual's parents or the benefit from the individual's 
     own work history, whichever is higher.
       We strongly support this important change to allow young 
     adults with disabilities to work to the best of their 
     abilities and look forward to working with your offices to 
     advance this legislation. For more information or to arrange 
     a meeting on this important issue, please contact Darcy 
     Milburn.
           Sincerely,
     Tracey Gronniger,
       Justice in Aging.
     Jeanne Morin,
       National Association of Disability Representatives.
     Jennifer Burdick, Community Legal Services of Philadelphia.
     Darcy Milburn,
       the Arc of the United States.
                                 ______