II 

117TH CONGRESS 

1ST SESSION S. 2108 

To amend title II of the Social Security Act to eliminate work disincentives 

for childhood disability beneficiaries. 

IN THE SENATE OF THE UNITED STATES 

JUNE 17, 2021 

Mr. WYDEN (for himself, Mr. CASSIDY, Mr. BROWN, Ms. KLOBUCHAR, Mr. 

SANDERS, Mr. LEAHY, Mr. MERKLEY, and Mr. CASEY) introduced the 

following bill; which was read twice and referred to the Committee on Finance 

A BILL 

To amend title II of the Social Security Act to eliminate 

work disincentives for childhood disability beneficiaries. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Work Without Worry 

5 Act’’. 

6 SEC. 2. ELIMINATION OF WORK DISINCENTIVE FOR CHILD7 HOOD DISABILITY BENEFICIARIES. 

8 (a) IN GENERAL.—Section 202(d) of the Social Secu9 rity Act (42 U.S.C. 402(d)) is amended— 


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1 (1) in paragraph (1)(B)(ii), by striking ‘‘is 

2 under a disability (as defined in section 223(d)) 

3 which began before he attained the age of 22, and’’ 

4 and inserting the following: ‘‘is under a disability (as 

5 defined in section 223(d)), and— 

6 ‘‘(I) the physical or mental im7 pairment (or combination of impair8 ments) that is the basis for the find9 ing of disability began before the child 

10 attained the age of 22 (or is of such 

11 a type that can reasonably be pre12 sumed to have begun before the child 

13 attained the age of 22, as determined 

14 by the Commissioner), and 

15 ‘‘(II) the impairment or combina16 tion of impairments could have been 

17 the basis for a finding of disability 

18 (without regard to whether the child 

19 was actually engaged in substantial 

20 gainful activity) before the child at21 tained age 22, and’’; and 

22 (2) by adding at the end the following new 

23 paragraphs: 

24 ‘‘(11)(A) In the case of a child described in 

25 subparagraph (B)(ii) of paragraph (1) who— 


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1 ‘‘(i) has not attained early retirement age 

2 (as defined in section 216(l)(2)); 

3 ‘‘(ii) has filed an application for child’s in4 surance benefits; and 

5 ‘‘(iii) is insured for disability benefits (as 

6 determined under section 223(c)(1)) at the time 

7 of such filing; 

8 such application shall be deemed to be an applica9 tion for both child’s insurance benefits under this 

10 subsection and disability insurance benefits under 

11 section 223. 

12 ‘‘(B) In the case of a child described in sub13 paragraph (B)(ii) of paragraph (1) who— 

14 ‘‘(i) has attained early retirement age (as 

15 defined in section 216(l)(2)); 

16 ‘‘(ii) has filed an application for child’s in17 surance benefits; and 

18 ‘‘(iii) is a fully insured individual (as de19 fined in section 214(a)) at the time of such fil20 ing; 

21 such application shall be deemed to be an applica22 tion for both child’s insurance benefits under this 

23 subsection and old-age insurance benefits under sec24 tion 202(a). 


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1 ‘‘(C) Notwithstanding paragraph (1), in the 

2 case of a child described in subparagraph (A) or 

3 (B), if, at the time of filing an application for child’s 

4 insurance benefits, the amount of the monthly old5 age or disability insurance benefit to which the child 

6 would be entitled is greater than the amount of the 

7 monthly child’s insurance benefit to which the child 

8 would be entitled, the child shall not be entitled to 

9 a child’s insurance benefit based on such application. 

10 ‘‘(D) For purposes of subparagraph (C), the 

11 amount of the monthly old-age or disability benefit 

12 to which the child would be entitled shall be deter13 mined— 

14 ‘‘(i) without regard to the primary insur15 ance amount calculation described section 

16 215(a)(7); and 

17 ‘‘(ii) before application of section 224. 

18 ‘‘(12) For purposes of paragraph (1)(B)(ii), a 

19 child shall not be required to be continuously under 

20 a disability during the period between the date that 

21 the disability began and the date that the applica22 tion for child’s insurance benefits is filed.’’. 

23 (b) EFFECTIVE DATE.—The amendments made by 

24 this section shall apply to applications filed on or after 


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1 the date that is 24 months after the date of the enactment 

2 of this section. 

Æ 


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