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Joe Biden pledges to defend SSI in Puerto Rico

He criticized the Trump administration's decision to go to the U.S. Supreme Court to reverse the First Circuit's decision.

Sunday, September 6, 2020 - 8:39 p.m.

By José A. Delgado

https://www.elnuevodia.com/corresponsalias/washington-dc/notas/joe-biden-se-compromete-a-defender-la-vigencia-del-ssi-en-puerto-rico/

Washington D.C. - The Democratic presidential candidate, Joe Bidenpledged to support Puerto Rico's use of the Supplemental Security Income Supplemental Security Income (SSI), as he criticized the government's decision to Donald Trump to seek to reverse the First Circuit Court of Appeals decision that opens the door for residents of the island to have access to the program.

"Time and time again, the president (Trump) has refused to provide Puerto Rico with much needed resources. He has repeatedly insulted Puerto Ricans and this latest action is another example of his disrespect for the island.This ends when he is elected president," Biden said in a tweet issued tonight.

The U.S. Department of Justice filed a writ of certiorari on Friday before the U.S. Supreme Court seeking to prevent the implementation of SSI, which could have a $2.3 billion annual impact on the island and benefit nearly 300,000 people.

"Congress has a legitimate interest in avoiding a unilateral fiscal relationship under which Puerto Rico shares the financial benefits, but not the financial burden of statehood, and declining to include Puerto Rico in the SSI program is a rational way to advance that interest," Acting Solicitor General Jeffrey Wall said in the appeal filed with the highest U.S. court.

Last April, in the case of United States v. Vaello Madero, the First Circuit Court of Appeals declared the exclusion of Puerto Rico residents from SSI unconstitutional on the grounds that it violates the equal protection of the laws.

José Luis Vaello Madero had begun receiving SSI in the United States before moving to Puerto Rico. The First Circuit determined that it is unconstitutional to collect from Vaello Madero the nearly $28,000 he received from SSI when he was already domiciled on the island.

Based on the Vaello Madero case, Federal Judge William Young, assigned to the Federal Court in San Juan, decided on August 3 that it is unconstitutional - for violating equal protection of the laws - to deny island residents access not only to SSI, but also to the Supplemental Nutrition Assistance Program (SNAP) and the low-income subsidy (LIS) for prescription drugs through Medicare Part D.

For the U.S. government, the implementation of SSI on the island could cause damage to Puerto Rico's economy and would have a very high cost for the federal Treasury, which would reach $23 billion in a decade. It has also insisted that residents of the island do not normally pay federal income taxes.

SSI - which exists in the states, Washington D.C. and the Northern Mariana Islands - provides benefits to low-income individuals who are 65 years of age or older, blind or disabled.

Island residents, instead of SSI, have had access to the Aid to the Aged, Blind and Disabled (AABD) program, whereby a beneficiary may receive only one-sixth of the payment that SSI would provide.

On August 7, former governor Aníbal Acevedo Vilá - the Popular Democratic Party (PDP) candidate for resident commissioner in Washington - sent a letter to Biden asking that if he wins the White House in November, the federal government desist from trying to reverse any court decision in favor of fully extending social welfare programs to Puerto Rico.

The implementation of SNAP in Puerto Rico could represent an increase of close to $700 million annually in the Food Assistance Program (PAN) that exists on the island.

Looking ahead to the next budget, the House of Representatives recommended a $528 million increase in the NAP for the federal fiscal year beginning in October.

Providing access to the LIS, which is only in effect in the states, could represent another $2.5 billion annually, according to the Center for a New Economy (CNE).

For his part, Democratic Congressman Darren Soto (Florida) - who along with his colleague Nydia Velázquez (New York) is part of Biden's Hispanic leadership committee - urged Puerto Rican voters in the United States to take note of the former vice president's position and to vote on November 3.

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