Luis Vaello Madero insists he doesn't have to pay back $28K in Supplemental Security Income after moving to Puerto Rico
Melissa Correa Velázquez, EL VOCERO 09/11/2020 https://www.elvocero.com/ley-y-orden/pide-al-supremo-denegar-certiorari-sobre-seguro-social-suplementario/article_57e3ab0e-22ce-11eb-88e2-475574e03002.html
Luis Vaello Madero, who was ruled by federal judge Gustavo Gelpi and the First Circuit Court of Appeals that he does not have to repay the $28,000 in Social Security's Supplemental Security Income (SSI) program, asked the federal Supreme Court to deny certiorari from the U.S. Department of Justice or grant plenary review.
The federal Department of Justice insists that Vaello Madero must return the money after moving from New York to Puerto Rico, where U.S. citizens do not receive the benefits of that plan.
"It is undisputed that the classification of Puerto Rico residents under the SSI program is subject to equal protection review. Under a rational basis, this analysis asks whether the categorization itself, rather than any burden it imposes on an individual's ability to travel, is rationally related to a legitimate government interest," reads part of Vaello Madero's brief.
He stated that eligibility for SSI benefits does not depend on current or past contributions like some insurance programs.
"It is irrelevant to SSI eligibility whether a person resides in New York and pays federal income taxes for much of their adult life before moving to Puerto Rico (like Vaello Madero), or whether they live in Puerto Rico their entire life before moving to New York, where they would be eligible for SSI benefits," he said.
He noted that as the First Circuit concluded, Puerto Rico has regularly contributed more to the U.S. treasury than many states, although unlike those states, it has no representatives who can vote in Congress.
He stated that from 1998 to 2006, Puerto Rico contributed more annually to the federal treasury than Vermont, Wyoming, North Dakota, Montana and Alaska, as well as the Northern Mariana Islands, and continues to pay substantial amounts into the federal treasury through the federal Internal Revenue Service (IRS).
"Moreover, nothing in the statute ties SSI eligibility to any provision of the tax code. Congress could decide tomorrow to extend all federal income tax obligations to Puerto Rico and residents of Puerto Rico will remain ineligible for SSI. Congress can unilaterally extend additional tax burdens to Puerto Rico residents at will, even after the enactment of Social Security," the brief notes.
He stated that the Supreme Court has applied rational basis review under equal protection principles to strike down the legislation.
Meanwhile, the federal Department of Justice states that "the importance of the question presented underscores the need for this Court's review. SSI is an important federal program and its extension to Puerto Rico would have significant consequences. According to one estimate cited by the Court of Appeals, extending SSI to Puerto Rico could apply to more than 300,000 Puerto Rican residents each month...The Social Security Administration estimates that extending SSI to Puerto Rico would cost approximately $23 billion over the next ten years."