Below are the only two budget riders for the Social Security Administration that I have been able to find in the omnibus appropriations bill that has passed the House of Representatives and which will soon be considered in the Senate. I have so far been unable to find a budget rider prohibiting payment of a salary to the Andrew Biggs, who received a recess appointment as Deputy Commissioner of Social Security. Biggs is an ardent advocate for gutting Social Security, by means of privatization. Earlier versions of this legislation included such a prohibition. This is a mammoth piece of legislation. I cannot exclude the possibility that a prohibition on paying Biggs is hiding somewhere in the 1,443 page document.
§526. None of the funds appropriated by this Act may be used by the Commissioner of Social Security or the Social Security Administration to pay the compensation of employees of the Social Security Administration to administer Social Security benefit payments, under any agreement between the United States and Mexico establishing totalization arrangements between the social security system established by title II of the Social Security Act and the social security system of Mexico, which would not otherwise be payable but for such agreement.
§527 None of the funds appropriated in this Act shall be expended or obligated by the Commissioner of Social Security, for purposes of administering Social Security benefit payments under title II of the Social Security Act, to process claims for credit for quarters of coverage based on work performed under a social security account number that was not the claimant’s number which is an offense prohibited under section 208 of the Social Security Act.
Not sure what the intent of that 527 section is, but I hope it fills the loop hole in the Social Security Protection Act of 2004 where a person that worked illegally can get credit for that work if they are later assigned a work authorized SSN.
ReplyDeletehttp://policy.ssa.gov/poms.nsf/lnx/0300301102
RS 00301.102 Additional Requirements for Alien Workers- Social Security
Protection Act of 2004
F. EXAMPLES
4. SSN Assigned On or After 1/1/2004: Alien NH Has "Work SSN," Prior Status as Undocumented Alien
Gustav entered the U.S. without inspection (i.e., he was an undocumented
alien) on 4/16/97. He worked without authorization from DHS for several years in covered employment using his brother's name and SSN. He applied for admission as a lawfully admitted permanent resident alien (LAPR) and was granted LAPR status on 3/13/04. Gustav applied for an SSN on 4/27/04 and was assigned an SSN and issued an SSN card for work purposes on 5/12/04. He became disabled on 6/22/04. Gustav, his wife and children applied for Title II benefits on 6/30/04. The children are U.S. citizens; the wife is LAPR. Gustav's own SSN was originally assigned on or after 1/1/04; therefore, we have to determine whether he meets the requirements of Section 211 of the SSPA. Since Gustav had been issued an SSN card for work purposes on 5/14/04, he meets the requirements of Section 211 of the SSPA. Therefore, determine whether Gustav meets DIB insured status using all of his covered earnings, including wages and/or self-employment income earned while he worked illegally under his brother's SSN. Take the necessary corrective action to move Gustav's earnings as an undocumented alien from his brother's record and/or the suspense file to the earnings record for his own SSN.
All of Gustav's covered earnings may be used to establish quarters of coverage and to determine insured status. If Gustav meets the applicable insured status test(s), process an award. If he does not meet the insured status test(s), process an insured status disallowance.
NOTE: Gustav's wife and children can be entitled if he is entitled to benefits. Also, Gustav and his wife must meet the lawful presence requirement if they are in the U.S.