Jenniffer Gonzalez Applauds Judge Gelpi's Ruling In The SSI Discrimination Case

Statement

The Resident Commissioner, Jenniffer González Colón, applauds the District Court's ruling in the case of USA v. Vaello-Madero, recognizing that denial of participation in the Supplemental Security Income ("SSI") program affects the fundamental rights of the Americans in Puerto Rico violating the Constitution.

Gonzalez Colon' statements were made in response to Judge Gelpi's dismissal of the collection action filed by the United States to recover SSI payments made to Vaello-Madero after he moved from New York to Puerto Rico without notifying the Social Security Administration of his change in residency.

The court determined that, although Congress enjoys broad powers under the Constitution's Territorial Clause, such power does not allow Congress to strip away a citizen's fundamental rights merely because they live within a territory. The court found that the SSI's classification based merely on residency affects the residents of Puerto Rico, a political powerless group, and violates principles of basic due process protected by the Fifth Amendment. The Congresswoman participated in this case as an amicus curia.

"Consistent with my promise to my constituents, this morning I filed legislation--co-sponsored by Congressmen José Serrano [NY-15], Aumua Amata Coleman Radewagon [AS-AL], Darren Soto [FL-09], Stacey Plaskett [VI-AL], Gregorio Kilili Camacho Sablan [MP-AL], and Michael San Nicolas [GU-AL]-- to make SSI extensive to the Americans in Puerto Rico and the other three territories who are currently suffering this unequal and indignant treatment. Whether legislatively, or by provoking judicial or administrative action, I will work tirelessly to right this wrong, without losing sight of the fact that without Statehood, the Americans in Puerto Rico remain subject to "separate but equal" treatment," said González Colón.

"Puerto Rico's territorial status has been the cause of the discrimination suffered by the Americans living in the Puerto Rico by turning their citizenship into one of a lower category. Today's decision is consistent with our claim. I will take our fight for the equality of Puerto Rico to all forums, including in the federal court. I put my word into action and continue this particular struggle for equal treatment in the SSI program by filing federal legislation to extend SSI to the territories and put into effect Judge Gelpí's decision," added the Congresswoman.

SSI is a program of last resort because beneficiaries must apply for all other benefits for which they may be eligible before they can receive assistance under that program. It is available to the elderly and disabled and to families with children with special needs that live below the poverty line. The average SSI beneficiary receives $ 533 monthly ($662 for children with disabilities) whereas the average benefit under the program that applies in Puerto Rico-- the AABD-- is $77 per month. The assistance provided by the SSI maintains 66% of the total beneficiaries and 59% of the families with disabled children above the poverty line, which would otherwise fall below the poverty line without SSI.

Unlike traditional Social Security, SSI does not require a beneficiary to make payments in the program to qualify for program benefits. "An American in the continental United States who receives SSI is as likely to pay federal taxes as an American who lives in Puerto Rico. There is no justifiable reason for this legal discrimination," she said.

SSI is the only federal income support program for families with disabled children. 14% of SSI recipients are minors with conditions such as Down syndrome, autism, cancer and cerebral palsy. The program that applies in Puerto Rico instead of SSI - the AABD - does not provide for aid for disabled children who are not blind.

"There is no justification for this discrimination against the Americans who live in Puerto Rico, the US Virgin Islands, Guam, and American Samoa. Currently, families with children and adults with disabilities juggle to pay for therapies, treatments, and to meet other family needs. SSI is the financial help they need to be able to, at least, live without fear of losing their home or to have nutritional security. Our families are not less than those who in the States or in the District of Columbia," concluded the Congresswoman.

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