The background of the case is interesting. Vallelo-Madero was receiving SSI while living in New York but then moved to Puerto Rico. Apparently, he didn't tell Social Security he had moved but they somehow found out later. It looks as if they did a criminal investigation but eventually decided not to bring charges. Instead, they did something they rarely do, they filed a civil suit to try to collect the overpayment. It was at this point that he raised the defense that his SSI never should have stopped so there wasn't an overpayment.
Social Security can now ask all the judges of the First Circuit Court of Appeals to hear the case en banc or they can ask the Supreme Court to hear the case or they can give up and start paying SSI to all eligible applicants living in Puerto Rico. I don't think this Administration is going to pay SSI to a bunch of brown skinned people if it can avoid it. However, if Joe Biden is elected President in November and this case is still pending as I expect it will be, he may decide to accept the First Circuit opinion and start paying SSI to eligible people living in Puerto Rico.
Interesting. Court's opinion at pg. 5-6 indicates SSA became aware because he went in to the local field office and applied for Title 2 while on SSI, and informed them he had been living in Puerto Rico.
ReplyDeleteCurious if he had always been eligible for Title 2 and SSA messed up, or if he became eligible through his spouse, or his own work activity.
Also, apparently this whole thing was about an overpayment of $28,081. That's absurd. It could've easily been recouped through suspending his benefits for a few years, particularly if he was eligible for Title 2.
Imagine the size of the class action for all the PR SSI deprived class! I'd take a 39% fee.
ReplyDeleteThe earliest Biden can become president is January
ReplyDeleteI don't think this Administration is going to pay SSI to a bunch of brown skinned people if it can avoid it.
ReplyDeleteCharles - Your bias is becoming ridiculous. How many Democrat Presidents have allowed this policy to exist? This is not President Trump's fault.
I do agree Puerto Rico should be included, since we include the Northern Mariana Islands and Guam.
@9:14 AM
ReplyDeleteYeah, but I can't think of any "Democrat Presidents" who referred to non-white countries as "s**t-hole countries." Also, why isn't Charles Hall entitled to opinions about the President (or any other government official for that matter)? And why are his opinions evidence of "ridiculous bias"? Somehow I doubt you'd have referred to his opinion as evidence of "ridiculous bias" if he were referring to a President from the other party.
@9:14
ReplyDeleteThe issue isn't that Puerto Rico is being treated differently than other territories. Residents of American territories are citizens of the United States as much as an New Yorkers, Texans, Michiganders, and Georgians.
I guess I’m dumber than I thought, but I had no idea how badly we treat Puerto Ricans. OF COURSE, they should be receiving SSI. The legacy of racism in this country and, some people’s desire to defend it, is outrageous.
ReplyDeletePuerto Rican’s don’t pay the Federal income tax, which funds SSI.
ReplyDeleteThis has served as the justification to exclude them from the program.
They do pay FICA, which is why they qualify for Social Security benefits.