Thousands of Puerto Rico residents suffer "irreparable harm" because they are excluded from the Supplemental Security Income (SSI) program because they live on the island, where there is a higher percentage of seniors than in U.S. states. Supplemental Security Income (SSI) program because they live on the island, which has a higher percentage of seniors than any other U.S. state.
"The federal government's denial of SSI to residents of Puerto Rico leaves thousands of qualified elderly, disabled, and blind citizens struggling to survive just because they live in Puerto Rico," denounced a motion by several influential U.S. organizations, filed yesterday as a "friend of the court" before the Federal Supreme Courtin the SSI case of Luis Vaello Madero.
The complaint was signed by entities such as the retiree organization AARP, the group Justice in Aging and the National Association of Social Security Petitioners' Representatives, which includes 2,500 people, mostly lawyers.
They also cited studies that show that in Puerto Rico, 40.2% of people over the age of 60 live below the poverty level.
They also noted that the rate of older adults with disabilities in Puerto Rico "is among the highest" in the United States. In 2016, 49% of people in that population had at least one disability.
In the motion they also highlighted that, according to 2015 data, 22% of adults in Puerto Rico did not receive at least one of the three recommended meals per day due to the lack of resources, this at a time when the island's government had not begun to implement austerity measures due to the fiscal crisis.
"In 2019, the poverty rate in Puerto Rico was a shocking 43.5%, approximately four times higher than the average of 10.5% in the 50 states and the District of Columbia," the motion highlights.
In view of this scenario, he pointed out that the Puerto Rico government does not have the resources to meet these needs at a time when the Fiscal Supervision Board (FBRB) is pushing for cuts in public spending. Fiscal Oversight Board (JSF) is pushing for cuts in public spending.
"Multiple federal courts have recognized that for people living at a subsistence level, the denial of federal benefits can cause irreparable harm," the motion stated, citing several prior cases.
One such case stated that "the loss of $172 per month and perhaps some of the medical care cannot be offset by the subsequent entry of a monetary judgment". Another court decision stated that "for those who are mired in poverty and living in a financially disadvantaged situation, even a small decrease in payments can cause irreparable harm."
To aggravate the situation, he argued before the federal Supreme Court that the island also has other federal benefits that are limited because it is a territory.
"Due to federal limits on Puerto Rico's Medicaid program, there is no coverage of long-term care services under Puerto Rico's Medicaid program, making the need for SSI even more pressing," the motion noted.
The groups highlighted that long-term care accounts for "one-third of Medicaid spending in all 50 states."
"Puerto Rico will not be equipped to meet the needs of a growing population of seniors and adults with disabilities without access to SSI," the organizations argued.
The entities reminded the federal Supreme Court that because of the different treatment Puerto Rico receives, the island's government has had to issue public debt to cover the costs of Medicaid, which is higher than any other state. Medicaidwhich is greater than any other state.
In this regard, they pointed out that of the $70 billion of Puerto Rico's government debt, one third is related to health issues.
"The exclusion of Puerto Rico residents from the SSI program, and severely limited funding for Medicaid, have seriously disrupted the Puerto Rican economy," the motion argued.
"Classifying a group of poor and medically needy people in our nation as 'second tier' citizens simply because they reside in Puerto Rico is not rational and serves no purpose," he said.