Urgent need for island residents to access the SSI program
- Newsroom, EL VOCERO
- 10/27/2020 https://www.elvocero.com/gobierno/ombudsman-apoya-pleito-de-clase-contra-seguro-social/article_39b01352-1865-11eb-9d62-27c9637aa695.html
The Ombudsman of Puerto Rico, Edwin García Feliciano, asked different federal officials and entities to request Social Security to make the necessary adjustments so that residents of Puerto Rico can claim their Supplemental Security Income (SSI) benefits.
Garcia Feliciano supported his claim through communications addressed to President Donald Trump, as well as to the Commissioner of the Social Security Administration and Resident Commissioner Jennifer Gonzalez. Also to Congresswomen Nancy Pelosi, Rick Scott, José Serrano, Nydia Velázquez, Elizabeth Warren, Alexandria Ocasio, Amy Klobuchar, Dianne Feinstein, Darren Soto and Cheri Bustos, among others.
"I believe that the federal government and its officials can prevent this open discrimination, which has already been rejected by a court ruling, from continuing. We ask for the opening of the processes and that each citizen can claim the benefits that correspond to him or her by law," he said.
The Citizen's Ombudsman recalled that, as of February 2019, federal judge Gustavo Gelpí declared unconstitutional the Social Security Administration's (SSA) provision to limit rights to American citizens based on their place of residence, as he ruled in the case U.S. v Vaello-Madero.
"It has been more than a year since the Federal Court invalidated Social Security's actions to exclude U.S. citizens residing on the island from the SSI program. As of today, without a request from Social Security to paralyze the consequences of that ruling, they continue without opening the processes for our citizens to benefit," he said.
He recalled that, in April 2020, this decision was affirmed by the Federal Court of Appeals for the First Circuit, a ruling that Social Security appealed with a Petition for Certiorari before the federal Supreme Court seeking its reversal.
In addition, in August of this year, attorney Isabel Abislaimán filed a class action lawsuit through the case Rivera Fuentes v. Saul, before the Federal Court in San Juan, alleging the continued application of discriminatory provisions that prevent needy and eligible residents from applying for and receiving SSI benefits.
Acknowledging that two federal courts have ruled in favor of the island's citizens, García Feliciano called on federal authorities to eliminate this vestige of discrimination based on place of residence, and to ensure that the rights enshrined in the Constitution are not limited by administrative actions of federal agencies.
"In the wake of the Vaello-Madero case decisions, our office has received countless calls and inquiries from citizens seeking guidance. In the interest of responding to the grievances of those who have contacted us, we reiterate our commitment to reclaim access to health care and services for all Puerto Ricans in need. In addition, our office will provide support to the class action lawsuit process in the Rivera Fuentes case, for the benefit of eligible citizens," the Ombudsman concluded.