Work Without Worry Act
Bill: S.2108 | Sponsor: Sen. Wyden, Ron (D-OR)
Policy area: Social Welfare

Summary:
Work Without Worry Act
This bill modifies eligibility for Social Security Disability Insurance (SSDI) benefits for individuals who have a disability that began before age 22.
Under current law, these individuals may obtain SSDI benefits based on the work record of a retired, disabled, or deceased parent. However, an individual with earnings after age 22 that exceed a specified monetary limit (i.e., constitute substantial gainful activity) permanently loses eligibility for such benefits.
This bill allows individuals to retain eligibility for such benefits regardless of the amount of earnings after age 22. Additionally, individuals who apply for SSDI benefits on a parent's record and also independently qualify for Social Security benefits on their own record will receive the larger of the two benefit amounts.

To amend title II of the Social Security Act to eliminate work 
         disincentives for childhood disability beneficiaries.

    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 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.
                                 <all>