Congress is considering a significant change to the five-month waiting period for Social Security Disability Insurance benefits. H.R. 10193, the We Can't Wait Act of 2026, would allow certain SSDI applicants to receive benefits for those waiting-period months—but only if they accept a reduced monthly benefit throughout the resulting period of SSDI eligibility.

The proposal could provide badly needed money at the beginning of a disability. It would also create an important financial decision that applicants should understand before making an election.

What Does Current Law Require?

Under current law, most people approved for SSDI are not entitled to benefits during the first five full calendar months of disability. Benefits ordinarily begin with the sixth full month after the established onset date. There are limited exceptions, including certain claims involving amyotrophic lateral sclerosis (ALS). Supplemental Security Income is governed by different payment rules and does not have this SSDI waiting period. SSA explains the current rules here.

The waiting period can eliminate five months of benefits even when the medical evidence establishes that the person was disabled throughout that time. For someone who has just stopped working because of a serious illness or injury, those unpaid months can create immediate financial hardship.

What Would H.R. 10193 Change?

The bill would not simply abolish the waiting period. Instead, it would give an eligible applicant who has not reached age 62 a choice:

• Keep the existing rule, receive no SSDI for the five waiting-period months, and then receive the full monthly benefit; or

• Elect to receive SSDI during the waiting period in exchange for a reduced monthly SSDI benefit throughout that period of eligibility.

During the program's initial 36 months, the elected benefit would be 94.25% of the otherwise payable amount, a reduction of 5.75%. The percentage for future elections could later be adjusted based on calculations by Social Security's Chief Actuary intended to keep the Disability Insurance Trust Fund actuarially neutral over 75 years. Once applied to a claimant, however, the elected percentage would remain in effect for that period of SSDI eligibility. The introduced text of H.R. 10193 contains the complete election and calculation provisions.

A Simple Example

Assume a worker's unreduced SSDI benefit would be $2,000 per month.

If the worker does not elect early benefits, the worker would receive nothing for the five waiting-period months and then $2,000 per month.

If the worker makes the election at the initial 94.25% rate, the monthly benefit would be approximately $1,885. The worker could receive approximately $9,425 for the five months that otherwise would have been unpaid, but the benefit would remain about $115 lower each month during that SSDI eligibility period.

Ignoring cost-of-living adjustments, taxes, offsets, and later changes in eligibility, it would take roughly 82 months of reduced payments after the ordinary waiting period for those later reductions to equal the five early payments. A person with an urgent need for rent, food, or medical care may value the immediate funds more highly. Someone expecting to receive SSDI for many years may place greater weight on preserving the full monthly benefit.

The Bill Would Not Make SSA Decide Claims Faster

The proposal concerns which months are payable after SSA establishes disability. It does not change the medical standard, the five-step evaluation process, or the time SSA takes to decide a claim.

For a rapidly approved claim, including some Compassionate Allowance cases, the election could produce cash sooner. In the more common case where the decision comes after the waiting period has already passed, the practical effect would usually be up to five additional months of past-due benefits after approval—not a faster disability decision. The amount could be limited by the existing rules governing retroactive Title II payments and other case-specific factors.

The Election Windows Would Be Short

The bill would allow a new applicant to elect at filing or within 10 days afterward. Another election opportunity would arise when requesting reconsideration and again when requesting an ALJ hearing, with a 10-day window at each stage. Special rules would apply to claims already pending when the legislation becomes effective, including a 45-day election period. A representative payee could also have a limited opportunity to confirm or revoke an election.

These short windows would make early counseling important. The decision should be based on the claimant's expected benefit, immediate financial needs, health, other income, concurrent SSI eligibility, and likely duration of SSDI entitlement—not on the percentage alone.

Other Potential Effects

The proposal could affect more than the claimant's monthly check:

• Past-due benefits and attorney fees: The bill states that waiting-period payments may be included in past-due benefits. That could increase the past-due-benefit base used to calculate an authorized representative's fee, subject to applicable fee rules and limits.

• Concurrent SSI claims: H.R. 10193 changes Title II SSDI, not SSI. When a claimant is eligible for retroactive SSDI and SSI for the same months, however, SSA's windfall-offset rules prevent payment of the full amount of both benefits. Adding SSDI entitlement months could therefore change the SSI and offset calculations. SSA describes windfall offset here.

• Benefits for family members: The bill expressly provides that making—or declining—the election would not affect benefits payable to another person on the worker's earnings record.

• Medicare timing: Medicare generally begins after 24 months of disability-benefit entitlement. Because the bill could move the first month of SSDI entitlement earlier, it may also affect when that 24-month period begins. The bill does not expressly amend the Medicare provisions, so SSA guidance would be needed before applicants rely on that possible effect. SSA's current Medicare-entitlement policy is available here.

Is the We Can't Wait Act Now Law?

No. As of September 3, 2026, H.R. 10193 has only been introduced in the House and referred to the House Committee on Ways and Means. Representatives Carol Miller, Suzan DelBene, and Susie Lee introduced the bipartisan House bill on August 31, 2026. Senators Susan Collins and Maggie Hassan introduced companion legislation, S. 3924, earlier in 2026. GovInfo provides the official status and legislative details.

The bill would apply only to SSDI applications made or pending after its future effective date, which would generally begin more than 180 days after enactment. No election is currently available, and existing SSDI applicants should continue following present law unless Congress enacts the proposal and SSA implements it.

The Bottom Line

The We Can't Wait Act would replace an absolute loss of five months of SSDI with a choice: obtain benefits for those months now, or preserve the full monthly benefit later. For many disabled workers, having a choice would be a meaningful improvement. But because the election could reduce benefits for years and interact with SSI, representative fees, offsets, and possibly Medicare, it would require careful, individualized advice.

This article is for general information only. The bill may be amended or may not become law. Applicants should obtain current advice about their own Social Security claim before making any election.