Another Puerto Rico Development

     The First Circuit Court of Appeals ruled on April 10 that it is unconstitutional to deny SSI benefits to U.S. citizens who reside in Puerto Rico. However, the case that the Court decided was something of an oddball. The Social Security Administration was trying to collect an overpayment of benefits that allegedly resulted when the claimant moved from the mainland to Puerto Rico but continued to receive SSI benefits. The claimant was the defendant in the action.

     There's now a District Court decision specifically involving claimants trying to get on SSI benefits. The U.S. District Court for Puerto Rico has held that a claimant cannot be denied SSI benefits because he or she resides in Puerto Rico. Martinez et al v. HHS. The Martinez decision also extends to other benefits such as food stamps and the Medicare Part D Low-Income Subsidy, which explains the first named defendant. The Martinez case is not a class action so Social Security isn't yet under an order to make SSI generally available in Puerto Rico but a class action is certainly coming.

     I'd really like to hear what is happening in Puerto Rico. Are large numbers of claimants trying to file SSI claims? What instructions have Social Security's field offices been given? Is Social Security trying to train field office employees in Puerto Rico on handling SSI claims?

     As I've said before, if SSI suddenly becomes available in Puerto Rico, there's going to huge numbers of claims filed. There's no way that local resources can handle the influx. Social Security will have to use resources from across the entire country to take the claims, make disability determinations and to process claimants onto benefits. Why do I have a feeling that Social Security management has no plan other than wishing and hoping the Supreme Court hold that it's OK to deny SSI to residents of U.S. territories? That may happen but I don't think anyone should feel confidence that the ruling will go that way.