Work Without Worry Act of 2026

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5006 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 5006

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 15, 2026

  Mr. Wyden (for himself, Mr. Cassidy, Mr. Sanders, Ms. Warren, Mrs.
 Gillibrand, Mr. Whitehouse, and Mrs. Murray) 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.

    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 of 2026''.

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 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.
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