Federal

Purple Heart Freedom to Work Act

Source: Congress.gov · 864 words in original text

What This Bill Does

This bill changes Social Security disability rules for Purple Heart recipients (service members awarded a medal for combat wounds). It allows Purple Heart recipients with disabilities caused by their combat injuries to continue receiving disability benefits even after they would normally lose those benefits. The bill is called the "Purple Heart Freedom to Work Act."

Who It Affects

Purple Heart recipients who receive Social Security disability benefits based on injuries that earned them the Purple Heart medal.

Key Provisions

• Purple Heart recipients with disabilities from combat injuries can keep their disability benefits without stopping them, but their benefits will be reduced based on how much money they earn from work (Sec. 2(a)) • For every $4 a Purple Heart recipient earns above a certain earnings amount, their monthly benefit gets reduced by $1, and the benefit cannot go below zero (Sec. 2(a)) • Purple Heart recipients get to use a higher earnings limit before their benefits are reduced, the same earnings limit that blind Social Security recipients use (Sec. 3(a)) • Family members receiving benefits based on a Purple Heart recipient's work record will have their benefits reduced by the same amount as the main recipient's benefit is reduced (Sec. 2(a))

What Changes

If this becomes law, Purple Heart recipients with service-connected disabilities can work and earn money while still receiving disability payments, instead of losing all their benefits once they earn above a certain amount.

Important Definitions

• Purple Heart: a military decoration awarded to service members for combat wounds (defined by reference in bill) • Substantial gainful activity: the ability to earn income from work (referenced but not fully defined in bill)

Effective Date

The changes apply to benefits paid for months beginning 6 months after this law is enacted (Sec. 2(c) and Sec. 3(b)).

I 118TH CONGRESS 1ST SESSION H. R. 1841 To amend title II of the Social Security Act to establish a disability benefit offset for Purple Heart recipients, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 28, 2023 Mr. AUSTIN SCOTT of Georgia (for himself, Mr. ALLEN, Mr. BACON, Mr. CARTER of Georgia, Mr. CARTER of Texas, Mr. CASTRO of Texas, Mr. CRAWFORD, Mr. DESJARLAIS, Mr. DUNCAN, Ms. ESCOBAR, Mr. FALLON, Mr. HUDSON, Mr. KELLY of Mississippi, Mr. KIM of New Jersey, Mrs. LESKO, Mr. MCHENRY, Mr. NEGUSE, Mr. PANETTA, Mr. DAVID SCOTT of Georgia, Ms. SLOTKIN, Mr. WALTZ, Mr. WITTMAN, Mr. WOMACK, Mr. ZINKE, Ms. GREENE of Georgia, and Mr. MCCORMICK) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title II of the Social Security Act to establish a disability benefit offset for Purple Heart recipients, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Purple Heart Freedom 4 to Work Act’’. 5 VerDate Sep 11 2014 04:02 Apr 08, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1841.IH H1841 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 1841 IH SEC. 2. DISABILITY BENEFIT OFFSET FOR PURPLE HEART 1 RECIPIENTS. 2 (a) IN GENERAL.—Section 223(e) of the Social Secu- 3 rity Act (42 U.S.C. 423(e)) is amended— 4 (1) in paragraph (1), by striking ‘‘(1) No ben- 5 efit’’ and inserting ‘‘(1)(A) Except as provided in 6 paragraph (2), No benefit’’; 7 (2) in paragraph (2)— 8 (A) by striking ‘‘(2) No benefit’’ and in- 9 serting ‘‘(B) No benefit’’; and 10 (B) by striking ‘‘paragraph (1)’’ and in- 11 serting ‘‘subparagraph (A)’’; and 12 (3) by adding at the end the following: 13 ‘‘(2)(A) Notwithstanding subsection (a)(1) of this 14 section, in any case in which an individual is entitled to 15 a monthly insurance benefit under such subsection based 16 on a disability that is attributable to an injury for which 17 the individual was awarded the Purple Heart, such indi- 18 vidual shall be deemed to continue to be entitled to such 19 benefit without regard to the individual’s termination 20 month, except that payment of such benefit for any month 21 shall be subject to the reduction described in subpara- 22 graph (B). 23 ‘‘(B)(i) Any benefit described in subparagraph (A) 24 otherwise payable to an individual described in such sub- 25 paragraph for a month shall be reduced by $1 for each 26 VerDate Sep 11 2014 04:02 Apr 08, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1841.IH H1841 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 1841 IH $4 by which the individual’s earnings derived from services 1 for such month exceeds the amount specified for such 2 month in clause (ii), except that such benefit may not be 3 reduced below $0. 4 ‘‘(ii) The amount specified in this clause with respect 5 to an individual for a month is the amount of earnings 6 derived from services, applicable to the individual for such 7 month under subsection (d)(4)(A), sufficient to dem- 8 onstrate the individual’s ability to engage in substantial 9 gainful activity. 10 ‘‘(C) In the case of a benefit otherwise payable to 11 an individual for a month under section 202 on the basis 12 of the wages and self-employment income of an individual 13 whose benefit is reduced pursuant to subparagraph (B), 14 such benefit shall be reduced for such month by the same 15 proportion as the reduction made pursuant to subpara- 16 graph (B).’’. 17 (b) CONFORMING AMENDMENTS.—Section 223(a)(2) 18 of such Act (42 U.S.C. 423(a)(2)) is amended by striking 19 ‘‘and section 215(b)(2)(A)(ii)’’ and inserting ‘‘, section 20 215(b)(2)(A)(ii), and subsection (e) of this section’’. 21 (c) EFFECTIVE DATE.—The amendments made by 22 this section shall apply with respect to benefits payable 23 for months beginning after the date that is 6 months after 24 the date of the enactment of this Act. 25 VerDate Sep 11 2014 04:02 Apr 08, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1841.IH H1841 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 1841 IH SEC. 3. APPLICATION OF HIGHER SGA AMOUNT FOR PUR- 1 PLE HEART RECIPIENTS. 2 (a) IN GENERAL.—Section 223(d)(4)(A) of the Social 3 Security Act (42 U.S.C. 423(d)(4)(A)) is amended by in- 4 serting after ‘‘who is blind’’ the following: ‘‘or who is enti- 5 tled to a monthly insurance benefit under subsection 6 (a)(1) based on a disability that is attributable to an in- 7 jury for which the individual was awarded the Purple 8 Heart’’. 9 (b) EFFECTIVE DATE.—The amendments made by 10 subsection (a) shall apply with respect to benefits payable 11 for months beginning after the date that is 6 months after 12 the date of the enactment of this Act. 13 Æ VerDate Sep 11 2014 04:02 Apr 08, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H1841.IH H1841 pbinns on DSKJLVW7X2PROD with $$_JOB

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