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| One of those charged |
Eleven individuals have been charged with seditious conspiracy in connection with the January 6, 2021 attack on the Capitol. Did you know that they can lose their Social Security benefits if convicted? It's right there in 42 U.S.C. §402(u). It's not automatic. It's at the discretion of the judge in sentencing. The way it's accomplished is by wiping out any existing wage credits so it would be possible to re-establish entitlement to benefits by continuing to work but, of course, after conviction there's likely to be a significant prison sentence.
I'll bet that Social Security hasn't had to deal with this provision too often.
Perhaps some of the accused are among those on the right who go around saying "I'll never receive a penny in Social Security." If so, I wonder how they will react to the possibility that their prediction will come true -- but just for them.
No need for a special mention from the judge, no benefits are payable while in prison for a felony. I doubt benefits will be denied on release, that would reduce a person to abject poverty.
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ReplyDeleteYeah, but the actual statutory language lets as a penalty, a sentencing judge to basically strike past wage credits.
That's weird. Curious if it has been used much.
It really isn't that weird. Those who attempt to overthrow the government forfeit all entitlement to the benefits that government provides. Fairly basic concept.
Delete2:58, nobody has been convicted of this crime for decades (and many of those who have been are unlikely to have earned any credits anyway) see https://www.theguardian.com/us-news/2022/jan/28/seditious-conspiracy-charges-trial-oath-keepers-us-court
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