Social Security Benefits Suspended Because Of The Pandemic

U.S.-Mexico Border Crossing In Normal Times

      I received a message recently from a woman whose Social Security benefits have been suspended because of the pandemic. (Note the contact form on the right side of this page which allows you to send me a message, anonymously if you wish.) You may wonder how Covid-19 could lead to suspension of benefits but you'll see how this is happening.

     This woman was receiving widows benefits on the account of her late husband who was a U.S. citizen but she's not a U.S. citizen. She's a Mexican national living in Mexico. A somewhat odd provision of the Social Security Act says that she can only receive dependent benefits while living outside the U.S. if she comes to the U.S. on a regular basis, either at least once every 30 days or at least once every six months if she stays in the U.S. at least 30 days. 42 U.S.C. §402(t). Before the pandemic, this wasn't a problem for her. I don't know her circumstances but she probably lives near the border. In normal times, she might have crossed the border frequently to visit family or friends or do some shopping but border crossings are now limited to "essential travel" so she can't visit the U.S. which means her widows benefits are suspended.

     The provision cutting off this woman's benefits doesn't apply if the U.S. has a Social Security treaty with the other country providing an exception. 42 U.S.C. §402(t)(3). The U.S. has a Social Security treaty with seven countries providing an exception but not with Mexico. We might have a Social Security treaty with Mexico covering this issue except that some years ago Republicans got word that the U.S. had negotiated a Social Security treaty with Mexico and went ballistic, spewing ridiculous lies about what a Social Security treaty with Mexico would mean. A Social Security treaty with Mexico would only address boring, uncontroversial issues such as this lady's situation, avoiding double taxation of wages, mutual assistance between social security agencies, totalizing wages for a handful of people who have legally worked on both sides of the border but who couldn't otherwise qualify for benefits in either country, etc. The result of the Republican lies is that the treaty that was negotiated in 2004 has never been officially approved and that for years Social Security's appropriations have included a provision that no money can be used to implement a Social Security agreement with Mexico. 

     I think it is long past time to approve the U.S.-Mexico Social Security agreement and remove the restrictive provision in Social Security's appropriations. Quit appeasing the racists.

     I also wonder about the provision in 42 U.S.C.§402(t)(2) that says that the limitation on paying benefits to non-resident non-U.S. nationals doesn't apply if the "Commissioner of Social Security finds [that the other country] has in effect a social insurance or pension system which is of general application" and meets certain requirements. I know that Mexico has a social security system but I don't know enough about it to say whether it technically meets the requirements of this provision. I can't even find a list of countries who do qualify under this provision. I'd be grateful if somebody could point me to a list.

     By the way, don't waste your time trying to post racist MAGA crap in response to this. I'll never allow it to show up.