It is pending whether it will grant the appeal for review of the eligibility of island residents to benefit from the Supplemental Security Income Program.
Tuesday, January 5, 2021 - 12:27 p.m.
By Alex Figueroa Cancel https://www.elnuevodia.com/noticias/tribunales/notas/el-tribunal-supremo-de-estados-unidos-programa-discutir-esta-semana-el-caso-del-ssi-en-puerto-rico/
The U.S. Supreme Court will discuss on January 8 the appeal on the eligibility of Puerto Rico residents to the Supplemental Security Income (SSI) program.
According to the federal Supreme Court calendar, Luis Vaello Madero's case was scheduled to be "discussed in conference" this Friday. However, it is common for cases to be moved to later dates and remain months in the process until a decision is made on whether or not to take the case for evaluation.
So far, friend-of-the-court briefs have been filed by the government of Puerto Rico and the U.S. Virgin Islands Bar Association, among others.
The petition for review was submitted by the U.S. government, seeking to have the federal Supreme Court reverse the decisions of the First Circuit Court of Appeals in Boston and the Federal Court in San Juan.
Both judicial forums ruled that it is unconstitutional to exclude Puerto Rico residents from SSI solely because they live on the island.
The case began with a lawsuit by the U.S. government against Vaello Madero, seeking repayment of the $28,081 she received from SSI after moving from New York to Puerto Rico. SSI pays an average of $575 a month to people over the age of 65, blind or with other disabilities who do not have the resources to support themselves.
According to documents filed by the federal government in court, if SSI is approved for Puerto Rico, approximately 300,000 residents of the island would be eligible to receive the benefit.
As an argument against the eligibility of Puerto Rico residents, the U.S. Attorney General stated that, according to Social Security Administration estimates, eliminating the exclusion would cost the federal government between $1.8 billion to $2.4 billion per year, for an estimated impact of $23 billion over the next ten years.
He pointed out that unlike other states, Puerto Rico does not pay federal income taxes, which are used to pay for SSI.
For its part, the defense Vaello Madero has argued that although the majority do not pay these taxes, Puerto Rico does contribute to the Treasury in federal contributions and that, in any case, this program is aimed precisely at assisting people who do not have sufficient income, so they do not pay taxes in any U.S. jurisdiction.
Meanwhile, in a decision written by then Judge Juan Torruella, the Boston panel of judges decided the case on the basis of the protections of the Fifth Amendment to the U.S. Constitution, rejecting the U.S. government's arguments that Congress' tax treatment of Puerto Rico and the potential cost of the program justify not extending SSI to island residents.
Without a rational basis and legitimate government interest, "the exclusion of Puerto Rico residents is declared invalid," Judge Torruella concluded, in an opinion joined by his colleagues Jeffrey Howard, presiding judge, and O. Rogeriee Thompson.