GREAT LAKES PROGRAM SERVICE CENTER – SLAVERY AWARD – RECONSIDERATION DETERMINATION: This article is about a Senior Alien who is issued a Medicare Card with Medicare Coverage effective from 07-01-2013. His claim for Retirement Benefit is duly approved but the monthly payment is suspended by the Social Security Administration(SSA). The Senior Alien is not a convicted felon.
I want to specifically ascertain the views of my readers on the issue of paying the Retirement Insurance Benefits to a Senior Alien who has already paid the dues through pay-roll deductions during a course of employment that stretches over 28 years.
This article is posted in response to the “Reconsideration Determination” made by the Social Security Administration(SSA), Great Lakes Program Service Center, Harold Washington Social Security Center, Chicago on September 30, 2014.
Great Lakes Program Service Center – Harold Washington Social Security Center, Chicago on August 16, 2014 sent its “Notice of Slavery Award” to the Senior Alien approving his claim for Retirement Insurance Benefits at a monthly rate of $1,347.80 and the payments are to commence during October 2014. But, on September 02, 2014 the Department suspended the payment of Retirement Benefits claiming that the Senior Alien has not provided the proof of his lawful existence in the US. At the same time, SSA still admits that the Senior Alien is entitled to the Retirement Benefits as per his claim as the claim meets all the Eligibility Factors stated in the Social Security Act of 1935. On September 29, 2014 the Senior Alien filed a request for Reconsideration of SSA’s Decision and gave his reasons as follows: “The Decision not to pay the monthly benefit of $1,347.80 would impose the condition called Compulsory Service, Labor Against Will, Forced Labor, Involuntary Servitude and Slavery as per the provisions contained in US Code Title 18, Chapter 77 Section. 1581, Section. 1584, and Section. 1589. All other workers at my workplace have the opportunity to retire from work at full retirement age and the Decision compels, coerce, and pressures me to continue my marginal existence to keep myself alive while I physically exist in the US.”
In its ‘Reconsideration Determination’, SSA upheld its original decision to suspend the monthly Retirement Benefits payments and stated that the Decision is Correct as per the provisions of Section. 202(y) of the Social Security Act and Regulation No.4, Sections 404.704, 404.705, and 404.707. Further, SSA has informed the Senior Alien that he has the right to request for a Hearing by an Administrative Law Judge.
This Senior Alien’s presence in the US is “Lawful” as his presence in the US is known to the Government as his arrival and employment in the country is supported by the documents issued by the US Department of Justice(INS or Homeland Security), Internal Revenue Service, Social Security Administration(SSA), Michigan State Government, and the community in which he physically lives. In fact, he could live and work in the US on account of documentation provided by the Government and all of his employers had the chance to verify these documents at the time of hiring and the employers contributed to the Retirement Insurance Benefits as mandated by the Federal Insurance Contributions Act(FICA). SSA has issued yearly Social Security Statements and has issued Medicare Card with effect from July 2013.
In my view, the ‘Reconsideration Determination’ made by the SSA that suspends the payment of monthly Retirement Benefit is unconstitutional for it could violate the 13th Amendment of the US Constitution which reads as follows: “Neither slavery nor involuntary servitude except as a punishment for crime where the party shall have been duly convicted, shall exist within the US, or any place subject to their jurisdiction.” I am asking my readers to make this determination and tell me if the “Decision” to deny the Retirement Benefits would indeed impose the burden called Involuntary Servitude and Slavery on this Senior Alien who has already reached his full retirement age and is eligible for the benefits as claimed but denied by the SSA which informs that it has no evidence of the applicant’s lawful presence in the US.