[Congressional Record Volume 172, Number 49 (Wednesday, March 18, 2026)]
[Senate]
[Pages S1266-S1267]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4538. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill S. 1383, to establish the Veterans Advisory Committee 
on Equal Access, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

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

       (a) Short Title.--This section may be cited as the ``Work 
     Without Worry Act''
       (b) 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 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.

[[Page S1267]]

       ``(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 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.''.
       (c) 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.
                                 ______