Mr. José Luis Vaello is a U.S. citizen who lived for almost 30 years in New York State, where he received monthly SSI disbursements in his bank account. In July 2013, Vaello moved to Puerto Rico and continued to receive SSI payments in his New York bank until August 2016. In 2016 the Social Security Administration suspended payments to Vaello and in 2017 the U.S. Government, filed legal claims against Vaello for a refund of $28,081.00 in payments allegedly made in excess of what he was entitled to. Vaello, in his defense, among others, challenged the constitutionality of SSI for discrimination against U.S. citizens residing in Puerto Rico.
In February 2019, the Federal Court for the District of Puerto Rico, by voice of its Presiding Judge, Hon. Gustavo Gelpi, concluded that Mr. Vaello does not have to return the money paid by SSI for the latter upon moving to Puerto Rico, as unconstitutional in violation of the equal protection of laws clause. The U.S. government appealed the decision.
On April 14, 2020, the Federal Court of Appeals of Boston, through the voice of Hon. Judge Juan Torruellas, confirmed the sentence issued by Hon. Judge Gelpí. The Federal Government has not informed whether it will appeal to the U.S. Supreme Court.