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Old 03-16-2019, 08:25 PM
 
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What is the percentage reduction of SS checks moving from stateside to Puerto Rico?
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Old 01-21-2021, 09:45 PM
 
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That is NOT true. There is a SNAP program in Puerto Rico. And you can apply and get SSI in Puerto Rico. The federal courts have ruled in favor of this and the federal appeals court upheld the lower court's decision.As of today 01/21/2021 this is all fact.

Read more: [url]//www.city-data.com/forum/u-s-territories/1657515-drawing-ssi-mainland-moving-puerto-rico.html[/url]
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Old 01-21-2021, 09:48 PM
 
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Default SNAP and SSI in Puerto Rico

That is NOT true. There is a SNAP program in Puerto Rico. And you can apply and get SSI in Puerto Rico. The federal courts have ruled in favor of this and the federal appeals court upheld the lower court's decision.As of this day,01/21/2021,this is a FACT! Here is the court ruling..............................
On February 4, 2019, Judge Gustavo Gelpí issued a ruling on United States v. Vaello-Madero, a legal dispute regarding the application of SSI to residents of Puerto Rico. For 28 years, Mr. Jose Luis Vaello Madero was a New York resident and received monthly SSI disability benefits. He moved to Puerto Rico in 2013 and for 3 years continued receiving SSI payments to his bank account in New York. In 2017, the Social Security Administration initiated a collection process for benefits paid to Vaello Madero after his relocation to the US territory, where residents don’t qualify for the SSI.

Vaello Madero argued that the exclusion of Puerto Rico from the SSI benefits program violated the Constitution’s Fifth Amendment’s equal protection guarantees. The U.S. asserted that the denial of SSI disability payments to Puerto Rico does not violate the Fifth amendment. In his ruling, the U.S. District Court Judge granted Vaello Madero’s motion for summary judgment, essentially agreeing with the plaintiff. Judge Gelpí stated his view that the SSI statute discriminated on the basis of a suspect classification because the overwhelming percentage of the United States citizens who reside in Puerto Rico are of Hispanic origin. He then concluded that: “Allowing a United States citizen in Puerto Rico that is poor and disabled to be denied SSI disability payments creates an impermissible second rate citizenship akin to that premised on race and amounts to Congress switching off the Constitution.”

On April 10, 2020, Judge Juan Torruella, Judge O. Rogeriee Thompson and Chief Judge Jeffrey Howard from the U.S. Court of Appeals in Boston issued a ruling affirming the decision of the lower Court but on different grounds, which are further explained below. The three judge panel declined to overrule existing precedent that allows Congress to the discriminate against U.S. citizens who reside in Puerto Rico, pursuant to its plenary powers under the U.S. Constitution, as long as there was a “rational basis” for Congress’s actions (as Judge Gelpí had done).

Instead the First Circuit applied the lowest level of constitutional scrutiny, the so called- rational basis test, which provides that a legislative classification is permissible if such classification is “rationally related” to a “legitimate state interest”. The Court defined the classification subject to challenge as “individuals who meet all the eligibility criteria for SSI except for their residency in Puerto Rico.” Since that classification is “clearly irrelevant to the stated purpose of the program, which is to provide cash assistance to the nation’s financially needy elderly, disabled or blind”, the Court then had to inquire whether this classification rationally furthers some legitimate governmental interest other than those stated in the legislative history of the SSI program.

Specifically, the panel analyzed Vaello-Madero’s Equal Protection claim applying the three factors the U.S. Supreme Court had previously found sufficient to form a “rational basis” in the case of Califano v. Torres, another case involving the application of federal benefits to residents of Puerto Rico. Those three factors are: (1) Puerto Ricans do not contribute to the federal treasury; (2) the cost of treating Puerto Rico as a State under the statute would be high; and (3) greater benefits could disrupt the Puerto Rican economy. The Court found that those factors were irrational and arbitrary and therefore failed to meet the required constitutional threshold to uphold the differential application of the SSI program to Puerto Rico. It’s also worth noting that, in 2018, Puerto Rico contributed over $3.3 billion to the federal Treasury.

Therefore, in its conclusion, the appellate court affirmed:

“The categorical exclusion of otherwise eligible Puerto Rico residents from SSI is not rationally related to a legitimate government interest. In addition to the record established by the parties, we have considered even conceivable theoretical reasons for the differential treatment conceded by the government. Having found no set of facts, nor Appellant having alleged any additional theory, establishing a rational basis for the exclusion of Puerto Rico residents from SSI coverage, such exclusion of the residents of Puerto Rico is declared invalid. For the foregoing reasons, we affirm the district court’s grant of Appellee’s motion for summary judgment and the denial of the United States’ cross motion for summary judgment.”

The First Circuit in essence held that the “Fifth Amendment does not permit the arbitrary treatment of individuals (US citizens or legal residents) who would otherwise qualify for SSI but for their residency in Puerto Rico.” It is important to note in this context that the Court cited approvingly footnote 4 of the Carolene Products case, which states in relevant part that “prejudice against discrete and insular minorities may be a special condition, which tends seriously to curtail the operation of those political processes ordinarily to be relied upon to protect minorities, and which may call for a correspondingly more searching judicial inquiry.” The Court is hinting here at the political subordination of Puerto Rico, which essentially makes all its residents discrete and insular minorities, who lack access to the regular political process and therefore may require greater protection from the courts to safeguard and exercise their rights.
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Old 01-26-2021, 08:31 PM
 
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This topic is old. Puerto Rico doesn't pay SSI in taxes. That means 50 states have to subsidized in taxes for Puerto Rico (I find it unfair) The Puerto Rican government could have fix this by collecting SSI taxes from employers and employees in the island to fully pay in the system but they want their cake and eat it too. They want to be treated as a foreign identity when it comes to federal taxes but wants to be treated as the states in benefits.

How Social Security and SSI works is not like a personal account that you put your money in, you control it and when you retired you can move wherever you go and get pay the same. When you retired in S.S., the younger workers are paying your retirement. SSI comes from the taxes collected in the states by the taxpayers. Puerto Rico doesn't pay SSI in the system. SSI are benefits to people with limited income and resources who are disabled, blind, or age 65 or older. Blind or disabled children may also get SSI
Supplemental Security Income (SSI)

When I retired I will collect regular SS from all the workers paying into the regular SS system which includes Puerto Rico and SSI from the workers in the state I lived minus if I move to P.R. who doesn't pay SSI .

So when a person in the states with SSI moves full-time to Puerto Rico, the current workers in P.R. doesn't pay SSI taxes, then the person doesn't get it. That's how S.S. works.
These activist judges are just making new law and making it as they go along. The S.C. hopefully will decide this. If P.R. wants SSI, they have to pay SSI Tax.

I don't mind that people in P.R. with limited income and resources who are disabled, blind, or disabled children get SSI but the workers and employers in P.R. have to pay for it and carry the water for them, they live there. As of now, taxpayers in other states are paying for it.


if 51 people go to a buffet to eat and 50 people pay extra for the desert bar and 1 doesn't then that person shouldn't be eating at the dessert bar and making the other 50 look guilty for not wanting to pay.


The Puerto Rican government gets lots of income. One of the highest tax places in the U.S. There is no excuse why they shouldn't pay SSI tax for the people living there.

Last edited by SanJuanStar; 01-26-2021 at 08:43 PM..
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Old Yesterday, 10:48 AM
 
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Its this reason in part why they do not want to give state hood to PR and the USVI. SSI is welfare, its paid for by the state you live in. Its administered by the feds but the states general fund pays for it. Social Security Retirement is different , credits were paid into the system so you can get your money out. Trump scrutinized SSI pretty hard, even the mentally retarded were looked at closely. With Biden things might change. I know this because a family member moved from FL to USVI with retarded adult son, SSI was cut second month. NO SSI in the territories. Stay away from Texas and AZ also. Best bet if you want Ocean and clean air is San Diego. Lots of disabled and lots of programs. Rent A room and go walk the beach
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Old Yesterday, 02:16 PM
 
452 posts, read 112,479 times
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The Puerto Rican government could have fix this decades ago. They control the tax authority in the island. They should collect SSI taxes from the employers and employees in the island to pay for the residents in the island needing SSI. They want to be treated as a foreign identity to avoid all federal taxes but want all the benefits as a state.

I don't mind people in Puerto Rico getting SSI if they qualify for it but the employers and employees in the island have to pay for the cost. That's how SS works. This is not a personal account that you put your money in and control your personal account and move anywhere and get the same amount when you retired. Workers and employers are paying for your SS retirement and the states are paying for the SSI for their state's residents.

If you go to Puerto Rico you have the politicians lying to the public and calling it "equality" and they demand to get the same benefits as the states but what they don't tell the public is that P.R. doesn't pay SSI and make NO effort to tell the public their taxes have to go up to pay SSI. They expect the others states to pay for it. This could be fix right away. P.R. should collect SSI taxes just on the P.R. employers and employees that file for the P.R. government. For the SSI residents of P.R. who qualify it should be managed by the P.R. government coming from their budget. That's what taxes are for.
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Old Today, 01:05 PM
 
3,281 posts, read 759,350 times
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Quote:
Originally Posted by Bluedive View Post
Its this reason in part why they do not want to give state hood to PR and the USVI. SSI is welfare, its paid for by the state you live in. Its administered by the feds but the states general fund pays for it. Social Security Retirement is different , credits were paid into the system so you can get your money out. Trump scrutinized SSI pretty hard, even the mentally retarded were looked at closely. With Biden things might change. I know this because a family member moved from FL to USVI with retarded adult son, SSI was cut second month. NO SSI in the territories. Stay away from Texas and AZ also. Best bet if you want Ocean and clean air is San Diego. Lots of disabled and lots of programs. Rent A room and go walk the beach
Where in San Diego are the programs for those without some sort of drug or alcohol addiction problem, those dealing with domestic violence, or immigrants? The programs seem to be catering to those more than anything. Anyone with mental illness or retardation without any of the above have a hard time finding help anywhere and it’s the same all over the country.
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