The publication is reproduced in full below:
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 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.
______
SOURCE: Congressional Record Vol. 169, No. 109
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