Download HA-1-7-11

Hospitals & Asylums
Defense of Social Security Caucus HA-1-7-11
by Anthony J. Sanders
[email protected]
United States v. M.J. Astrue Esq., Commissioner of Social Security1
for Senator Bernie Sanders (I-Vt)
[email protected]
Mug Shot
Candidate
Stanley Friendship
Regional
Commissioner for the
Seattle Region.
BA in Social Work.
Worked for SSA for 30
years, professional
drummer
M. J. Astrue Esq.
Commissioner of Social
Security
February 12, 2007 –
present, Harvard law, 3
years at $666 SSI
without COLA, $207
ex post facto $69 SSI
theft of March 2011
Source: SSA; HA
Reference
Sanders, Tony J.
Penicillin may cure
Heart Disease in Vegans.
Compassionate
Allowance. SSA
Beneficiary Union File,
Thanksgiving 2010
Sanders, Tony J.
Application for Cost of
Living Adjustment. 1st
Draft 1 October 2006,
2nd 3 June 2007
unpublished 2008-2010
to avoid being murdered
for a fugitive felon like
Michael Jackson (MJ)
This calls for wisdom. Let the person who has insight calculate the number of the beast, for it is
the number of a man, That number is 666 (Revelation 13:18)
I am the Lord your God, who brought you out of Egypt, out of the land of slavery.
(Exodus 20:2)(Deuteronomy 5:6)
1
The Senate shall have the sole Power to try all Impeachments from Offices of Trust under Art. I
Sec. 3 Cl. 6 and 7; SSA may appoint an Acting Commissioner or the President and Senate may
appoint a Commissioner under Art. II Sec. 2; in all cases affecting Ambassadors, other pubic
Ministers and Consuls, and those in which a state shall be party, the supreme Court shall have
original under Art. III Sec. 2 Cl. 2 of the US Constitution.
1
Table of Contents
Page No.
A Bill……………………………………………………………………………………………..3
Brief
Work Cited……………………………………………………………………………………….5
Act I Impeachment of the Commissioner……………………………………………………….10
Act II Obligation to Redress the Deprivation of Relief SSI Class $666 (2009-2011)…………21
Act III Creation of an SSI Financed Halfway House System…………………………………..32
Act. IV Non-discrimination of Age, Disability, Gender, Race or National Origin……………..38
Act V OASDI Tax Rate Adjustment and Fixed 3% COLA……………………………………..49
About the Author………………………………………………………………………………...64
Table 0: Candidate Mug Shots
Table 1: Commissioners of Social Security 1946-present
Table 2: Hiring to Eliminate Disability Backlog 2005-2010
Table 3: SSA Balance Sheet 2008-2012 (in millions)
Table 4: SSI Recipients (by type), total and average payments June 2009 –February 2011
Table 5: Supplemental Security Income (SSI) Program Rates & Limits 2011
Table 6: SSI COLA, Rates, Beneficiaries, Payments, Administrative Costs 1974-2011
Photo: Overcrowded Correctional Facility
Table 7: State by State Detention, Need and Cost Estimate for Halfway Houses
Table 8: Annual Random Survey of 3.6 Million Beneficiaries by Age, Race and Sex 2009
Table 9: Immigration 2000-2010
Table 10: Number and Average Benefit of DI Beneficiaries by Diagnosis December 2009
Table 11: Estimated Operations of Trust Funds 2007-2014 (billions)
Table 12: Tax rates as a percent of taxable earnings 1937-2011
Table 13: OASI and DI Tax Rates, Income, Costs, and Fund Balance (billions) 1990-2010
Table 14: OASI and DI Revenue and Cost Estimates (billions) 2006-2014
Table 15: Employment Statistics 2007-2011
Table 16: Department of Labor Spending 2008-2012 (in millions)
Table 17: Consumer Price Index for All Urban Consumer (CPI-U) Inflation 1920-2011
Table 18: Department of Health and Human Services Spending 2008-2012 (in millions)
Table 19: Enrollment in Social Security Programs and SSI (in thousands) 1970-2020
Table 20: Optimal OASDI Tax Rate (billions) FY 2012
Table 21: Federal Budget Master Balance 2009-2012 (in millions)
2
A BILL
To amend the OASI tax rate for employees to 4.6% under 26USC(C)(21)(A)§3101(a) and 4.6%
for employers 26USC(C)(21)(A)§3111(a) and DI tax rate to 3.2%, 1.6% for employees and 1.6%
for employers under Sec. 201 of Title II the Social Security Act 42USC(7)II§401 (b)(1)(S)
without increasing the overall 12.4% OASDI tax-rate 26USC(A)(2)§1401.
To amend SSI Statement of purpose; authorization of appropriation under Sec. 1601 of Title XVI
of the Social Security Act 42USC(7)XVI§1381 to conclude “from the DI Trust Fund and legal
and medical malpractice insurance settlements”.
To amend the 6 year term of the Commissioner to 2 years (renewable) under Section 702 of Title
VII the Social Security Act 42USC(7)VII§902(a)(3).
To amend Sec. 215 of Title II of the Social Security Act 42USC(7)II§415(i) and Cost of Living
Adjustment in Benefits Sec. 1617 of Title XVI of the Social Security Act 42USC(7)XVI§1382f
for a 3% annual Cost-of-living-adjustment (COLA) unless the CPI-U should be higher. In
December 2011 there shall be a 5.2% COLA after the CPI-U was reported to be 1.6% in 20102
and averaging 3.6% annually in second quarter 20113. This will bring SSI income class $666
($674 2009-2011) safely to $709. My SSDI will however remain $666 ($658 2012, $677 2013)
through $697 2014, morally insufficient for the federal government to gain any benefit from the
work of this slave who has balanced the federal budget every year since 2005.
To amend Sec. 206 of Title II of the Social Security Act 42USC(7)II§406 so that social workers,
non-social representatives and authors will be indemnified from the malpractice insurance
requirements of lawyers to be eligible for representative pay.
To amend SSI Redetermination 20CFR416.204 that seems to have been tampered to dictate to
the beneficiary since publishing a grievance citing this then double edged law in February 2011,
to abolish the imaginary money used to discriminate against and micromanage SSI beneficiaries
earning less than the $1,000 Substantial Gainful Income (2011)4.
To repeal the Bush Administration’s right to bear arms from Protect Americans from Violent
Crime under16USC(1)(I)§1a-7b after (a)(3).
To require Congress to neutralize telemarketing fraud, terrorism and torture statute under
international law 18USC Chapters 113A, B & C5.
2
Department of Labor. Consumer Price Index (CPI) All Urban Consumers 2010-2011
Reed, Steve. Consumer Price Index. May 2011. Bureau of Labor Statistics. June 15, 2011
[email protected]
4
Sanders, Tony J. e-Redetermination of SSI Class $666. Hospitals & Asylums HA-18-2-11
5
To murder Osama bin Ladin it was first necessary to catch M.J. Astrue Esq. tampering
Telemarketing, Terrorism and Torture laws in Chapters 113 A, B and C of Title 18 on the
strength of his conviction alone. Is it not Congress, or Obama, but the Bush executives, tamping
3
3
To impeach M.J. Astrue.
To retain the Attorney General to prosecute M.J. Astrue’s 78 year Penalty for Fraud under Sec.
1632 of Title XVI of the Social Security Act 42USC(7)XVI§1383a, Deprivation of Relief
Benefits 18USC(13)§246, Aggravated Identity Theft 18USC(47)§1028A, Crimes by or affecting
Persons Engaged in the Business of Insurance whose Activities affect Interstate Commerce
18USC(47)§1033(d,c), Use of the Interstate Commercial Facility in the Commission of Murder
for Hire 18SUSC(95)§1858 and Prohibition against exclusion from participation in, denial of
benefits of, and discrimination under federally assisted programs on ground of race, color or
national origin 42USC(21)V§2000d in mitigation of the life sentence for the Prohibition with
Respect to Biological Weapons6 18USC(10)§175 and death penalty for lethal use of Radiological
Dispersal Devices7 18USC(113B)§2332h under Civil Penalties and Injunctions for Violations of
Section 1033 18USC(47)§1034.
To forgive M.J. Astrue’s penal sentence for the immediate SSI settlement of the 30,000
physically and mentally disabled people released by Brown v. Marciano & Plata (2011) to
finance a non-profit halfway house system under the supervision of probation and parole officers
with the long term goal of bringing the prison and jail populations within the international legal
limit of 250 detainees per 100,000 residents under 18USC(227)§3563(b)(11).
To forgive M.J. Astrue’s term of probation in exchange for immediate increase of benefits of SSI
(and SSDI) Class $666 ($674 2009-2011) to $700, $1,000 a month for leaders and guarantee a
3% annual COLA under Sec. 215 of Title II of the Social Security Act 42USC(7)II§415(i).
To authorize SSA to settle medical and legal malpractice insurance settlements with beneficiaries
under Sec. 201 of Title II of the Social Security Act 42USC(7)II§401(i)(1) and Federal Tort
Claims Act, 20CFR429.101 as amended, 28USC(171)§2671-2680.
To commission a civil rights survey of the number of beneficiaries and average benefit amounts
by race and national origin under 42USC(21)V§2000d.
the criminal law ultra vires Arts. 2, 4 and 14 of the Convention against Torture? Not having
resolved this conflict in the law the 111th Congress is dissolved and history shall forgive all its
debts. Does the 112th Congress continue to fail the dissolution of the Democratic-Republican
(DR) party test? Or are the laws of the 112th Congress to be equally invalid? The Hospitals &
Asylums Political Party 2011 (HAPPY) has authored the only Balanced Federal Budget from
FY2005. Is it going to take Americans 200 years to defeat the HAPPY people like it has taken to
upstage the Democratic-Republican (DR) two party system that once balanced the budget and
paid off the national debt in 1834? Would Senator Bernie Sanders (HA-Vt) like to be the
founding party member? There are no other candidates. Does he report this decision to the party
royalty, Anthony J. Sanders? Does he ratify Sanders, Tony J. Federal Budget in Balance FY
2011: Comparison of Bush and Obama. Hospitals & Asylums HA-28-2-10
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Sanders, Tony J. Best Medicine Monograph. Hospitals & Asylums. HA-14-2-11
7
Sanders, Tony J. Radioactive Polygraph. Hospitals & Asylums HA-3-6-11
4
To authorize SSA to make one time payments, not more than once a year, of less than $1,000 for
the purchase of works of art, cottage industry, literature, science, medicine and legal evidence
created by beneficiaries and other people earning less than $1,000 a month.
To require SSA to immediately pay the author of Hospitals & Asylums (HA) $1,000 a month
SSDI benefits and to recognize the HA website www.title24uscode.org and email address
[email protected] in Anthony J. Sanders’ SSA profile under Evidence Procedure and
Certification for Payment Sec. 205 of the Social Security Act 42USC(7)II§405 (c)(C)(viii)(I) &
(IV) and Section 4 of the Convention on the Privileges and Immunities of the United Nations of
13 February 1946
Be the Democratic-Republican (DR) judicial and bureaucratic nonsense Dissolved, Referred to
the socialist social work of the Defense of Social Security Caucus for the appointment of Stanley
Friendship, Commissioner of Social Security8.
Work Cited
Statute
Aggravated Identity Theft 18USC(47)§1028A
Application for Visas 8USC(12)(II)(III)§1202
Auerback, Alan J.; Gale, Wiliam G. Tempting Fate: The Federal Budget Outlook. Tax Policy
Center. June 2, 2011
Benefits for Individuals Performing Substantial Gainful Activity Despite Severe Medical
Impairment Sec. 1619 of Ttile XVI of the Social Security Act 42USC(7)XVI§1382h
The Children’s Health Insurance Program Reauthorization Act of 2009 (CHIPRA, Public Law
111–3)
Civil Penalties and Injunctions for Violations of Section 1033 18USC(47)§1034
Claims Resolution Act of 2010 Public Law 111-291
Civil Rights Act of 1875 passed March 1, 1875
Civil Rights Act of 2 July 1964 PL 88-352, as amended, at 42 USC Chapter 21 §1981 - §2000h
Civil Rights Act of 21 November 1991 (Pub. L. 102-166)
Civil Rights Cases 109 U.S. 3 (1883)
Commissioner Deputy Commissioner, Other Officers Sec. 702 of Title VII the Social Security
Act 42USC(7)(7)§902
Sanders, Bernie; Senator (S-Vt). Defend Social Security. The Bernie Buzz. March 31, 2011
solicited the Defend Social Security Caucus. Members of the new organization founded by
Senator Sanders already include Senators: Akaka, Blumenthal, Boxer, Sherrod Brown, Cantwell,
Harkin, Lautenberg, Menendez, Merkley, Mikulski, Reed, Sanders, Schumer, Stabenow, and
Whitehouse. Joined by the author, a full-fledged Termination of SSI Benefits Class Member due
$1,000 a month SSDI for leading Class $666 for three years without COLA to $700 a month
with a 3% annual COLA mandate on June 9, 2011.
8
5
Computation of Primary Insurance Amount Sec. 215 of Title II of the Social Security Act
42USC(7)II§415
Conspiracy against rights 18USC(13)§241
Cost of Living Adjustment in Benefits Sec. 1617 of Title XVI of the Social Security Act
42USC(7)XVI§1382f
Crimes by or affecting Persons Engaged in the Business of Insurance whose Activities affecting
Interstate Commerce 18USC(47)§1033
Demonstration Project Authority Sec. 234 of Title II of the Social Security Act 42USC(7)II§432
Deprivation of Relief Benefits 18USC(13)§246
Deprivation of rights 18USC(13)§241
Disability Insurance Benefit Payment Title II Sec. 223 of Title II of the Social Security
42USC(7)II§423
Eligibility for benefits Sec. 1611 of Title XVI of the Social Security Act 42USC(7)XVI§1382
Evidence Procedure and Certification for Payment Section 205, of the Social Security Act as
amended, at 42 U.S.C. 405 and Title 20 C.F.R. 404.907 - 404.922 and 416.1407 – 416.1422
Federal authority and financial assistance to programs or activities by way of grant, loan, or
contract other than contract of insurance or guaranty; rules and regulations; approval by
President; compliance with requirements; reports to Congressional committees; effective date of
administrative action 42USC(21)V§2000d-1
Federal Rules of Civil Procedure Rule 23
Federal Tort Claims Act, 20CFR429.101 as amended, 28USC(171)§2671-2680.
Hiring Incentives to Restore Employment Act Public Law 111-147
Income Sec. 1612 of Title XVI of the Social Security Act 42USC(7)XVI§1382a
Interference with Commerce with Threats and Violence 18USC(95)§1951
Meaning of Terms Sec. 1614 of Title XVI of the Social Security Act 42USC(7)XVI§1382c
Middle Class Tax Relief Act of 2010 Public Law 111-312 December 2010
No Social Security Benefits for Prisoners Act of 2009, Public Law 111-115
Old age and Survivors Insurance Benefit Payments Title II Section 202 of the Social Security
Act 42USC(7)II§402
Overpayments and Underpayments Sec. 204 of Title II of the Social Security Act
42USC(7)II§404
Patient Protection and Affordable Care Act, Public Law 111-148 March 23, 2010
Payments and Procedure Sec. 1631 of Title XVI of the Social Security Act 42USC(7)XVI§1383
Penalties Sec. 208 of Title II of the Social Security Act 42USC(7)II§408
Penalty for Fraud Sec. 1632 of Title XVI of the Social Security Act 42USC(7)XVI§1383a
Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) Pub.L.
104-193
Prison Litigation Reform Act of 1995 18USCII(229)(C)§3626.
Probation 18USC(227)§3563
Prohibition against exclusion from participation in, denial of benefits of, and discrimination
under federally assisted programs on ground of race, color or national origin
42USC(21)V§2000d
Prohibition with Respect to Biological Weapons 18USC(10)§175
Protecting Americans from Violent Crime 16USC(1)(I)§1a-7b repeal Bush after (a)(3)
6
Public Safety, Public Spending: Forecasting America’s Prison Population 2007–2011, 19 Fed.
Sent. Rep. 234, 234 (2007)
Rate of Tax 26USC(A)(2)§1401
Restrictions on former officers, employees, and elected officials of the executive and legislative
branches 18USC(11)§207
Radiological Dispersal Devices 18USC(113B)§2332h
Release 18USCII(229)(C)§3624
Representation of Claimants Before Commissioner Sec. 206 of Title II of the Social Security Act
42USC(7)II§406
Representative payees. Sec. 807 of Title VIII of the Social Security Act 42USC(7)VIII§1007
Residents of Retirement Home 24USC(10)(I)§412
Resources Sec. 1613 of Title XCI of the Social Security Act 42USC(7)XVI§1382b
Restrictions on former officers, employees, and elected officials of the executive and legislative
branches 18USC(11)§207
SSI Extension for Elderly and Disabled Refugees Act (P.L. 110-328) September 30, 2008
SSI Redetermination 20CFR416.204
Statement of purpose; authorization of appropriation under Sec. 1601 of Title XVI of the Social
Security Act 42USC(7)XVI§1381
Supplemental Security Income for the Aged, Blind and Disabled Sections 1601-1637 of Title
XVI of the Social Security Act 42USC(7)XVI§1381-1383f
Telemarketing fraud, terrorism and torture statute under international law 18USC Chapters
113A, B & C
Treatment Referrals for individuals with alcoholism or drug addiction condition Sec. 1636 of
Title XVI of the Social Security Act 42USC(7)(XVI)(B)§1383e
Trust Funds Sec. 201 of Title II the Social Security Act 42USC(II)§401
Use of the Interstate Commercial Facility in the Commission of Murder for Hire
18SUSC(95)§1858
Waiver of Sovereign Immunity 11USC§106
Wallace, Diane. Annual Statistical Supplement, 2010. February 2011 [email protected]
Withholding of income tax on the wages of nonresident aliens 26USC(A)(3)(A)§1441
Case Law
Astrue, Commissioner of Social Security v. Ratliff No. 08-1322 June 14, 2010
Blakely v. Washington No. 02-1632 of 24 June 2004
Bloom v. Social Security Administration (10th Cir.) No. 02-3362 (2003)
Brown, Governor of California, et al v. Marciana & Plata et al USSC No. 09–1233 May 23,
2011
Cobell et al. v. Salazar et al No. 09-758 [email protected]
In re Black Farmers Discrimination Litigation, Misc. No. 08-mc-0511
Martinez et al v. Astrue No. Cal. No 08-CV-48735-CW August 11, 2009
New York Times v. Sullivan 376 U.S. 254 (1964)
Shinseki v. Sanders No. 07–1209 April 21, 2009
7
Treaties
Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment
(CAT) of 26 June 1987
Convention on the Privileges and Immunities of the United Nations of 13 February 1946
International Ethical Guidelines for Biomedical research Involving Human Subjects of 1993
International Convention on the Elimination of all Forms of Racial Discrimination (CERD) of
1969
Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) of
1979
International Covenant on Civil and Political Rights of 23 March 1976
International Covenant on Social, Economic and Cultural Rights of 3 January 1976
Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment of 4 February 2003
Work Cited
Adamy, Janet. Judges Offer Mixed View on Health Law. Wall Street Journal. June 9, 2011
Astrue, M.J. Annual Report of the Supplemental Security Income Program. Social Security
Administration. 2011
Blahous, Charles P.III; Reischauer, Robert D. Trustees. Status of the Social Security and
Medicare Programs. May 5, 2011
Bridges, Benjamin; Choudhury, Sharmila. Examining Social Security Benefits as a Retirement
Resource for Near-Retirees, by Race, Ethnicity and Nativity and Disability Status. Social
Security Bulletin Vol. 69 No. 1 (2009)
Conyers, John. George W. Bush et al v. Her Majesty the Queen: House Judiciary Committee
HA-3-3-06
Department of Labor. Consumer Price Index (CPI) All Urban Consumers 2010-2011
Dewitt, Larry. The Decision to Exclude Agricultural and Domestic Workers from the 1935
Social Security Act. Social Security Bulletin Vol. 70 No. 4 (2010)
Foster, Richard S. 2011 Annual Report of the Boards of Trustees of the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. May 13,
2011
Galle, Brian. Conditional Taxation the Constitutionality of Health Care Reform. 120 Yale L.J.
Online 27 (2010)
Glick, Deanna. Data Security Reform Move Forward. Lifestore. June 3, 2011
Goss, Stephen C. The 2001 Annual Report of the Board of Trustees of the Federal-Old Age and
Survivors Insurance and Federal Disability Insurance Trust Funds. May 13, 2011
Kahn, Art. SSI Monthly Statistics Table 1 June 2010 and February 2011 [email protected]
Lassiter, Mark. Cardiovascular Disease and Multiple Organ Transplants. Social Security Holds
Compassionate Allowances Hearing on Cardiovascular Disease and Multiple Organ Transplants.
Tuesday, November 9, 2010
Masseaux, Kia. Annual Statistical Report on the Social Security Disability Insurance Program
December 2009 [email protected]
8
Miniño, Arialid M., MPH; Xu, Jiaquan M.D.; Kochanek, Kenneth D. M.A. Division of Vital
Statistics. Deaths: Preliminary Data for 2008. National Vital Statistics Report. Vol. 59 No. 2.
December 9, 2010
O’Carroll, Patrick P. Inspector General of the Social Security Administration. Social Security
Number High-Risk Issues. Statement for the Record. Committee on Ways and Means.
Subcommittee on Social Security. March 2, 2006
Pear, Robert. Lawmaker’s Defense Social Security’s Chief Actuary in Clash with the
Commissioner. New York Times. July 10, 2010 [email protected]
Reed, Steve. Consumer Price Index. May 2011. Bureau of Labor Statistics. June 15,
[email protected], [email protected]
Sanders, Bernie; Senator (S-Vt). Defend Social Security. The Bernie Buzz. March 31, 2011
solicited the Defend Social Security Caucus joined June 9, 2011
Sanders, Tony J. ACLU v. NSA. Hospitals & Asylums HA-6-7-07
Sanders, Tony J. American Political Economy. Hospitals & Asylums HA-20-3-10
Sanders, Tony J. American Popular Election: The United States has not had a Quorum for
Democracy since 1900. Hospitals & Asylums HA-29-10-10
Sanders, Tony J. Application for Cost of Living Adjustment. 1st Draft 1 October 2006, 2nd 3 June
2007 unpublished 2008-2010
Sanders, Tony J. Armed Forces Retirement Home v. M.B. et al. Hospitals & Asylums. HA-6-211
Sanders, Tony J. A Treaty of Freedom with the Rogue River Tribes: Table Rocks Wilderness
Camping Powwow Petition. Hospitals & Asylums HA-12-5-11
Sanders, Tony J. Best Medicine Monographs. Hospitals & Asylums. HA-14-2-11
Sanders, Tony J. Book 3: Health and Welfare (HaW)
Sanders, Tony J. Book 6 Judicial Delinquency (JD).
Sanders, Tony J. Civil Rights Act. Hospitals & Asylums HA-27-1-06
Sanders, Tony J. Constitution of Hospitals & Asylums Non-Governmental Economy (CHANGE)
Sanders, Tony J. Dear Stanley Friendship, Regional Social Security Commissioner for the
Seattle Region. Hospitals & Asylums. Thanksgiving Day. HA-25-11-10
Sanders, Tony J. Death with Dignity Act. Hospitals & Asylums. HA-9-11-01
Sanders, Tony J. Dr. Luebbe is Dead, Long Live Antioch College. Hospitals & Asylums HA-82-11
Sanders, Tony J. Fault of the Haitian Constitution of 1987: A Voodoo Ritual to End all Abuses
of Power and Acts of God HA-26-4-10
Sanders, Tony J. Federal Budget in Balance FY 2011: Comparison of Bush and Obama.
Hospitals & Asylums HA-28-2-10
Sanders, Tony J. Flood and Tornado Insurance from the Deepwater Horizon Overpayment.
Hospitals & Asylums HA-16-5-11
Sanders, Tony J. Freedom of the Press. Hospitals & Asylums HA-25-1-10
Sanders, Tony J. Hamilton County Food Stamp Fraud. Hospitals & Asylums. HA-15-1-05
Sanders, Tony J. Hospitals & Asylums v. Health Alliance HA-9-9-06
Sanders, Tony J. Human Rights Campaign (HRC), Citizens Commission on Human Rights
(CCHR), et al, plaintiffs v. US Presidential Candidates Barack Obama and John McCain whose
foreign policies must change Asia and the Near East (ANE) to Middle East and Central Asia
(MECA) and South East Asia (SEA), Title 22 Foreign Relations and Intercourse (a-FRaI-d) to
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(FR-ee) and the Court of International Trade (CoITUS) to Customs Court (CC), defendants.
Hospitals & Asylums. HA-28-7-08
Sanders, Tony J. Last Right in Vermont. Hospitals & Asylums HA-21-4-10
Sanders, Tony J. Mission Statement of the Social Security Administration Beneficiary Union
Hospitals & Asylums HA-18-11-10
Sanders, Tony J. Re-invest Security Council Resolution 1970 in a Libyan Constitutional
Convention. Hospitals & Asylums HA-7-3-11
Sanders, Tony J. Review of the 2010 Medicare and Social Security Trustee Reports Hospitals &
Asylums HA-12-8-10
Sanders, Tony J. Rolling Back the Tobacco Tax of 2009 Act. Hospitals & Asylums HA-10-1010
Sanders, Tony J. The Case for Trashing Treason: Welcome to my Humble Third Amendment.
Hospitals & Asylums HA-12-7-10
Sanders, Tony J. Tohoku, Kilauea and Fukushima. Hospitals & Asylums HA-14-3-11
Sanders, Tony J. Tort Reform Act of 2009. Hospitals & Asylums. HA-9-9-9
Sanders, Tony J. United States, Harry Fry MD et al v. Health Alliance GC et al HA-28-8-08
Sanders, Tony J. United Nations Charter Legitimate Edition (UNCLE). Hospitals & Asylums
HA-28-2-09
Schram, Sanford F.; Soss, Joe; Fording, Richard C.; Houser, Linda. Deciding to Discipline:
Race, Choice and Punishment at the Frontlines of Welfare Reform. American Sociological
Review 2009 Vol. 74 (June: 398-422)
Social Security Administration's Death Master File. (NTIS) U.S. Department of Commerce.
http://www.ntis.gov/products/ssa-dmf.aspx
Sullivan, George. The Day the Women got the Vote: A Photo History of the Women’s Rights
Movement. Scholastic Inc. New York. 1994
United States Department of Commerce. Social Security Administration's Death Master File.
(NTIS)
Ways and Means Committee, Subcommittee on Social Security. Fact Check: Democrats Deny
Social Security’s Red Ink. Monday, February 28, 2011
Impeachment of the Commissioner
Michael J. Astrue was sworn in as the 15th Commissioner of Social Security on February 12,
2007 for a six-year term that expires on January 19, 2013. He is an honors graduate of Yale
University and Harvard Law School. He served as Acting Deputy Assistant Secretary for Human
Services Legislation at the U.S. Department of Health and Human Services (HHS), Counselor to
the Commissioner of Social Security, Associate Counsel to Presidents Reagan and Bush, and
General Counsel of the U.S. Department of Health and Human Services. He then worked for 14
years in the biotechnology industry. As Commissioner of Social Security, he has focused his
efforts on reducing the disability backlog. Soon after he took office the CMS Acting
Administrators Leslie V. Norwalk from November 15, 2006 to July 21, 2007 and Herb B. Kuhn
from July 22, 2007 to September 4, 2007 were removed from office. Lester M. Crawford
D.V.M. Ph.D. was Commissioner of the FDA, 7/18/2005 -9/23/05, before being sentenced to
three years’ probation and $90,000 fines on 2/28/07 for lying about stocks that might pose a
conflict of interest with the FDA. Jo Anne B. Barnhart, nominated by President Bush on July 17,
10
2001, and confirmed by the Senate on November 2, 2001 was sworn in on November 9, 2001.
She was the first Commissioner to serve a full six years in office since the founding
Commissioner Arthur J. Altmeyer served from July 16, 1946 to April 10, 1953 as the result of an
amendment of the statute dated January 19, 2001 under Section 702 of Title VII the Social
Security Act 42USC(7)VII§902(a)(3). In retrospect, after weathering the $66.60 Medicare
premium Barnhart should have been removed from office the instant SSA and Department of
Defense emails were censored. By 2007 SSA had become so illiterate the agency was seized by
a lawyer who evaded impeachment like Administrators Norwalk and Kuhn and Commissioner
Crawford, although Commissioner Astrue Esq. may have been and definitely is now, the most
criminally corrupt executive in the federal government. Astrue Esq. was the one that got away in
2007. After 3 years without Cost-of-living-adjustment (COLA) and depriving SSI beneficiaries
of their relief benefits, is time for Astrue Esq. to go to fat camp- Restrictions on former officers,
employees, and elected officials of the executive and legislative branches 18USC(11)§207
Table 1: Commissioners of Social Security 1946-present
Arthur J. Altmeyer July 16, 1946-April 10,
John A. Svahn May 6, 1981 to September 12,
1953
1983
William L. Mitchell (Acting) April 11, 1953 to Martha A. McSteen (Acting) September 14,
November 23, 1953
1983 to June 25, 1986
John W. Tramburg November 24, 1953 to July Dorcas R. Hardy June 26, 1986 to July 31,
31, 1954
1989
Charles I. Schottland August 23, 1954 to
Gwendolyn S. King August 1, 1989 to
December 31, 1958
September 30, 1992
William L. Mitchell February 4, 1959 to April Louis D. Enoff (Acting) October 1, 1992 to
3, 1962
July 18, 1993
Robert M. Ball April 17, 1962 to March 17,
Lawrence H. Thompson (Acting) July 19, 1993
1973
to October 7, 1993
Arthur E. Hess (Acting) March 18, 1973 to
Shirley S. Chater October 8, 1993 to February
October 24, 1973
28, 1997
James B. Cardwell October 25, 1973 to
John J. Callahan (Acting) March 1, 1997 to
December 12, 1977
September 28, 1997
Don I. Wortman (Acting) December 13, 1977
Kenneth S. Apfel September 29, 1997 to
to October 4, 1978
January 20, 2001
Stanford G. Ross October 5, 1978 to December William Halter (Acting) January 21, 2001 to
31, 1979
March 28, 2001
Herbert R. Doggette (Acting) January 1, 1980
Larry G. Massanari (Acting) March 29, 2001
to January 2, 1980
to November 9, 2001
William J. Driver January 3, 1980 to January
Jo Anne B. Barnhart November 9, 2001 to
19, 1981
February 11, 2007
Herbert R. Doggette (Acting) January 20, 1981 Michael J. Astrue November 12, 2007 to
to May 5, 1981
present
Source: SSA
11
M. J. Astrue must be removed from office. The Defense of Social Security Caucus shall
impeach M.J. Astrue and make a secondary transmission of this document to the Attorney
General9. Astrue is already the third longest serving SSA Commissioner after the founder of the
agency and his predecessor. Astrue is the Bush appointee who sabotaged the economy and
subjected SSI Class $666 ($674 2009-2011) to three years without COLA10. In 2007 when he
was elected CMS went through two Administrators and the FDA Commissioner was impeached
and then sentenced to probation. Life expectancy in the US declined from 77.9 to 77.8 years
2007-200811. From 2008-2010 the annual CDC death reports were compromised by being
released the same week of the FISA Re-authorization12 casting US death statistics into doubt.
The SSA Master Death File does not even publish an abstract on the Internet and reports must be
purchased13. It is quite possible that the national death records have been tampered with to cover
up flagrant mass murder by Astrue’s representatives in furtherance of not paying for the damages
they cause in the commission of Crimes by or affecting Persons Engaged in the Business of
Insurance whose Activities affecting Interstate Commerce 18USC(47)§1033 and for the sheer
love of Aggravated Identity Theft 18USC(47)§1028A. Astrue’s $666 a month for three years
without COLA clearly qualified as a monstrous civil right violation, the deprivation of relief
benefits, in its own right, under 18USC(13)§246. By issuing such sadistic pay Astrue Esq. has
nullified much of the public health and welfare benefits SSA provides Americans. The United
States is not purchasing their sovereign immunity at such rates of pay. Murdering old folks and
the disabled in the name of the United States Astrue Esq. antagonizes the citizenry and corrupts
the economy for everyone. He must be impeached and his victims redressed.
Table 2: Hiring to Eliminate Disability Backlog 2005-2010
Budget
Proposed (000)
Budget Enacted
(000)
SSA Full-Time
Equivalents
(FTEs)
Overtime/Lump
Sum Leave
Total SSA
Work years
FY 2005 FY 2006 FY 2007 FY 2008 FY 2009 FY 2009 FY 2010
9,379,324 9,403,000 9,496,000 9,677,000 10,327,000 11,000,000 11,250,000
9,178,556 9,286,000 9,294,000 9,745,000
+350,000
62,937
63,131
58,885
60,064
60,293
65,000
4,559
2,398
1,307
2,231
2,245
1,000
68,764
65,529
(-3,235)
61,292
(-4,237)
62,295
(+1,003)
62,538
(+243)
66,000
(+3,462)
70,000
70,000
(+4,000)
9
Civil Penalties and Injunctions for Violations of Section 1033 18USC(47)§1034
Protecting Americans from Violent Crime 16USC(1)(I)§1a-7b repeal Bush after (a)(3)
11
Miniño, Arialid M., MPH; Xu, Jiaquan M.D.; Kochanek, Kenneth D. M.A. Division of Vital
Statistics. Deaths: Preliminary Data for 2008. National Vital Statistics Report. Vol. 59 No. 2.
December 9, 2010
12
ACLU v. NSA HA-6-7-07 The criminal convict was appointed Director of the CIA.
13
Social Security Administration's Death Master File. (NTIS)
U.S. Department of Commerce. http://www.ntis.gov/products/ssa-dmf.aspx
10
12
(including
OIG)
Source: Sanders, Tony J. Social Work Act of 2008 HA-17-6-08
Under Commissioner M.J. Astrue Esq. hiring spree, incompetent to retain more than 65,000
workers, SSA has become synonymous with Telemarketing Fraud, Terrorism and Torture Title
18 of the United States Code Chapter 113 A, B & C14. M.J. Astrue has been associated with the
murder for hire death of Michael Jackson (MJ), wherefore we only use the alias M.J., after
unlawfully disclosing the HA annual review to the bounty hunters associated with the Martinez
et al v. Astrue No. Cal. No 08-CV-48735-CW ruling of August 11, 2009, the author’s 34th
birthday, as well as other wealthy individuals in Los Angeles County15, scattered rapes and
murders and natural disasters, such as the Haiti quake16, Tokohu Earthquake, Tsunami and
Fukushima17 and the Flood and Tornado Insurance from the Deepwater Horizon Overpayment18.
After the exemption of Associate Commissioner Terry Stradtman for the semblance of abuse by
means of a remotely controlled radiological dispersal device, a sabotaged CD/DVD Writer under
18USC(113B)§2332h this section of the law was tampered with after review and must be
restored to make unlawful the remote control of radiological dispersal devices and eliminate
mandatory minimum sentencing under Blakely v. Washington No. 02-1632 of 24 June 2004.
Astrue’s representatives may have exempted themselves from their abuse of radiological
dispersal devices under 18USC(113B)§2332h(a)(2) and chemical weapons under
18USC(11B)§229(b)(1) but there is no exemption from the peaceful purposes of the life sentence
under the Prohibition with Respect to Biological Weapons at 18USC(10)§175. The urinary tract
infection spread by the April 2011 notice terminating SSI benefits without citation to any statute
whatsoever, let alone the neutral citation required to be used by ALJs, qualifies as sedition under
Title II Section 202 of the Social Security Act 42USC(7)II§402(u)(1). More accurately the term
“extortion” means the obtaining of property from another, with his or her consent, induced by
wrongful use of actual or threatened force, violence, or fear, or under color of official right as
defined at 18USCI(95)§1951(b)(2).
14
Sanders, Tony J. Tort Reform Act of 2009. Hospitals & Asylums. HA-9-9-9 Since 2009 Title
18 of the United States Code Chapters 113 A,B, and C have been tampered with so as to be ultra
vires both the United States of America and Arts. 2, 4 and 14 of the Convention against Torture
and Other Cruel, Inhuman and Degrading Treatment or Punishment (CAT) of 26 June 1987 as
well as the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment of 4 February 2003. Congress must redress 113 ABC.
15
Sanders, Tony J. A Treaty of Freedom with the Rogue River Tribes: Table Rocks Wilderness
Camping Powwow Petition. Hospitals & Asylums HA-12-5-11
16
Sanders, Tony J. Fault of the Haitian Constitution of 1987: A Voodoo Ritual to End all Abuses
of Power and Acts of God HA-26-4-10
17
Sanders, Tony J. Tohoku, Kilauea and Fukushima. Hospitals & Asylums HA-14-3-11
18
Sanders, Tony J. Flood and Tornado Insurance from the Deepwater Horizon Overpayment.
Hospitals & Asylums HA-16-5-11
13
The first exposure to Astrue Esq. involved the hiring five illiterate administrative law judges in
2008 instead of earning $250,000 from medical malpractice insurance19 that went up to $400
million in 200820. The first terms to describe this labor racketeering is the Use the Interstate
Commercial Facility in the Commission of Murder for Hire under 18SUSC(95)§1858 for which
the fine is up to $250,000 and 20 years in prison. Neither the original or new ALJs responded
with notes from the Application for a Cost-of-Living Adjustment, mocked for three years 20092011 at the despicable rate of pay of $666 ($674) a month from SSI. These ALJs only respect
lawyer representatives and their criminally negligent when the terrorist medical malpractice
claim from 2006, that blew up a plane in 2006, kidnapped again in 2008 under the noses of five
ALJs who are too busy petitioning for more lawyers because they are drunk on power and can’t
process one well written claim, let alone, 1,000 formal claims. This Aggravated Identity Theft
was the terrorist offense that ((1) corrupted now President Obama on the campaign trail when he
infringed on FISA and 5 newly hired ALJs, turning him overnight into a remorseless illiterate
killer of civilians in Afghanistan21, (2) forced me, the author of the balanced budget Bush
shamelessly infringed with the appointment of local Rob Portman OMB Director, to terminate
service to the federal government and flee Cincinnati for the West Coast out of concern for my
health, giving Bush the opportunity to sabotage the Monroe doctrine with the TARP in a week
under Aggravated Identity Theft 18USC(47)§1028A(a)(2) & (c)(1) & (11). Aggravated identity
theft is however not for use in conjunction with other charges (b)(2). The $250,000 and 20 year
Use Fee is a much more accurate estimate of the insurance fraud for this material overvaluation
of the security provided by lawyers to SSA under 18USC(47)§1033(a) that provides for up to 10
years. These ALJs owe me $250,000. These judges are obligated to terminate the license and
fine the repeat kidnapping torture and biological experimentation psychiatrist $250,000 and fine
and terminate the license of Psychiatric Emergency Service (PES) and University Hospital
psychiatric ward $400 million reinvestment in community halfway house and mental health
shelter homes managed by license social workers affiliated with Mental Health Access Point
(MHAP)22. The reprobate Southern Ohio lawyers who cost Astrue Esq. 30 years in prison, owe
Hospitals & Asylums $250,000 from their own malpractice to leverage $400 million from the
Health Alliance, to establish a halfway house system free of probate23.
The second exposure occurred in Southern California when I reported in homeless in Winter
2009. The latina worker seemed disturbed about the message in the record but said there was
19
Sanders, Tony J. Application for Cost of Living Adjustment. 1st Draft 1 October 2006, 2nd 3
June 2007 unpublished 2008-2010. Injury from Use of the Interstate Commercial Facility comes
with an up to 20 year sentence for injury.
20
Sanders, Tony J. United States, Harry Fry MD et al v. Health Alliance GC et al HA-28-8-08
21
Sanders, Tony J. Human Rights Campaign (HRC), Citizens Commission on Human Rights
(CCHR), et al, plaintiffs v. US Presidential Candidates Barack Obama and John McCain whose
foreign policies must change Asia and the Near East (ANE) to Middle East and Central Asia
(MECA) and South East Asia (SEA), Title 22 Foreign Relations and Intercourse (a-FRaI-d) to
(FR-ee) and the Court of International Trade (CoITUS) to Customs Court (CC), defendants.
Hospitals & Asylums. HA-28-7-08
22
Sanders, Tony J. Hospitals & Asylums v. Health Alliance HA-9-9-06
23
Sanders, Tony J. State Mental Institution Library Education (SMILE)
14
nothing unusual. The worker in Cincinnati had actually recommended I go to San Francisco, but
I didn’t want to flee to the most declining population in the country 4% from the third 3%. The
friends and family did not have the antibiotics I needed. The $500 and $250 reimbursement
from the Recovery Act never arrived having been embezzled by stupid student loans, only the
coupon for the HDTV converter. The Martinez et al v. Astrue No. Cal. No 08-CV-48735CW ruling of August 11, 2009, occurred on my 34th birthday, my gift from Astrue Esq. was a
two year sentence for Aggravated Identity Theft under 18USC(47)§1028A(a)(1)24. The Martinez
settlement was published on the SSA homepage for some time. SSA was the repressive bounty
hunter administration torturing fugitive felons. It led to the passage of No Social Security
Benefits for Prisoners Act of 2009, Public Law 111-11525. In Astrue v. Ratfliff (2010) the
supreme Court defended the involuntary transfer of Recovery Act funds for student loans under
the Equal Access to Justice Act (EAJA) holding attorney's fees award is payable to the litigant
and is therefore subject to an offset to satisfy the litigant's pre-existing debt to the Government
28USCVI(161)§2412 (d)(1)(A)26 costing Astrue Esq. another 20 years for overvaluing and
allowing the wide-scale purloining of Recovery Act money that should have gone to poor
beneficiaries not student loans under 18USC(47)§1033(a) & (b)(1). Finally, in Brown v.
Marcian & Plata (2011) the Supreme Court arrived at a valid government debt, the largest
liberation in memory, the freedom of 40,000 from California State Prison, 30,000 fully qualified
physically or mentally disabled SSI beneficiaries. Malpractice insurers of the California Bar
Association must not delay financing the resettlement of the 30,000 physically and mentally
disabled people stuck in prison system although freed by Edmund G. Brown Jr. Governor of
California, et al v. Marciana & Plata et al USSC No. 09–1233 May 23, 201127.
The third exposure from whence arose the prevailing Republican sedition, occurred when I was
lying low in bargain basement $200 rent across the street from the public library, in Provo, Utah
for a whole year April 2009-2010, and was writing questions for my textbook and studying
American economic history28. In June 2010 my service of my annual review of the Trustee’s
24
This is not the first time 9th Circuit has infringed on my birthday. Sanders, Tony J. Death with
Dignity Act (Leavitt). Hospitals & Asylums. HA-9-11-01 is the oldest document in the HA
Public Health file. Submissions are actively encouraged on August 11, Hospitals & Asylums
daty, under Art. 97 of the Constitution of Hospitals & Asylums Non Governmental Economy
(CHANGE)
25
Sanders, Tony J. Review of the 2010 Medicare and Social Security Trustee Reports Hospitals
& Asylums HA-12-8-10 No Social Security Benefits for Prisoners Act of 2009, Public Law 111115mis-referenced in the 2010 SS Report to the Consolidated Appropriations Act, 2010 Public
Law 111-117).
26
In Astrue, Commissioner of Social Security v. Ratliff No. 08-1322 June 14, 2010 the Supreme
Court implicates Astrue Esq. of honor killing and is a much less credible interpretation of the
Equal Access to Justice Act (EAJA) than Scarborough v. Anthony J. Principi, Secretary of
Veteran’s Affairs 541 U. S. 401, 405 May 3, 2004.
27
Brown v. Marciana & Plata (2011) is largest liberation in recorded memory. Act III of this
Brief incorporates the decision into HA Book 6 Judicial Delinquency (JD) in pursuit of the
international legal limit of 250 detainees per 100,000 residents.
28
American Political Economy HA-20-3-10
15
Reports and amendment of the Health and Welfare (HaW) statute to SSA seems to have resulted
Michael Jackson’s death in Southern California. The trail led the press to First Lady Michelle
Obama’s of $66,000 annual salary for her social secretary, a former lottery administrator.
Astrue’s drug insurance email in December 2010, marked the death of my Oma in the
Netherlands when Obama stole the Nobel Prize29, using my military history30. A fuse blew when
I attempted to contact the prisoner of the National Guard nurse I evicted before I learned of the
false imprisonment of his former roommate, the hospital construction the National Guard he
reportedly did in the Caribbean in the Summer of 2009, the Haiti quake was remotely triggered
within an hour of sending an email to the State Prison housing 6,500 prisoners, exactly as much
as the 6,500 serving in the Utah National Guard, taking the lives of 200,000 and property of
millions living around Port-au-Prince. The prisoner was reported released early but his parole
officer did not respond to my query. The new tenant who was being stalked by Astrue Esq. had
been killed with bad medicine in jail, and resuscitated in a hospital, and released to face Utah’s
extraordinarily strict first degree felony cocaine and drug sentencing, on the street, we got his
sentenced reduced to three years probation. The epilepsy, heart disease bloody diarrhea, was
cured when we discontinued refills of the same D.E.A. prescription drug that took the life of
Michael Jackson (MJ) lorazepam (Ativan), a benzodiazepine sedative. Astrue Esq.’s relation to
racial terrorism in the death of Michael Jackson and the Haiti quake earned him two five year
sentences for Aggravated Identity Theft 18USC(47)§1028A(a)(2) by January 201031.
The fourth offense occurred while moving to Doe et al v. Reed, Washington Secretary of State
No. 09-559 argued April 28, 2010, at the expense of my mother board, and decided June 24,
2010, SSA residency requirements imposed a chilling homi-side with food stamps and Board of
elections and the U.S. Supreme Court and on judgment day embezzled $6.6 billion for CMS to
pay every torturer in the State of Washington, $3 billion ruining the only balanced State budget
in the nation and $3 billion lost in the CMS Recovery Act surplus and a $600 million bribe to the
Border Police32. The Theft or bribery concerning programs receiving federal funds
18USC(31)§666 and Theft and embezzlement in connection with health care under
18USC(31)§669 was valued at 10 years an infraction of the doctrine of separation of judicial and
political power elaborated on in Marbury v. Madison 5 U.S. (1 Cranch) 137 (1803). Although
Astrue Esq. was a silent partner in this whooping cough (Bordetella pertussis) epidemic
concurrent with the Patient Protection and Affordable Care Act P.L. 111-148 that restored
antibiotics to use, and although CMS reports minor easing of deficits the PPACA is too insipid to
enforce a 3% annual increase in health costs needed to justify more taxation. CMS must enable
patients to refuse to pay for unnecessary, harmful, involuntary and defective, ie. Psychiatric,
medical treatment, to properly interpret the bankruptcy and insolvency laws the patient/citizen
dissatisfied with their medical bills has an enforceable right to say “no waiver of sovereign
29
Sanders Tony J. Treaty of Peace between the United States of American and Afghanistan
Hospitals & Asylums HA-5-12-09
30
Sanders, Tony J. US War History. Hospitals & Asylums HA-26-11-09
31
This offense was closely associated with the highly unpopular Citizen’s United v. FEC (2009)
that offends the principles of Marbury v. Madison (1803).
32
Sanders, Tony J. The Case for Trashing Treason: Welcome to my Humble Third Amendment.
Hospitals & Asylums HA-12-7-10
16
immunity” to medical bills33. Obama’s own Homeland Security (DHS) Secretary Janet
Neopolitano Esq., a similarly greedy budgetary pig to M.J. Astrue Esq., is similarly delinquent
paying $5 a night rent under the Customs House Act, St. Elizabeth HA-26-2-11. The $5 a night
rent would afford DHS the wherewithal to change the agency name to Customs.
This fifth unlawful attack left enough evidence to convict Astrue Esq. of the civil rights offense:
deprivation of relief benefits for up to one year in jail under 18USC(13)§24634. Notices sent out
in February 2011 terminated 44,096 SSI SSI beneficiaries in March, social work month, and
retro-active payments, dated December 2010 when a 0.55% total decline in enrollment, led by a
4.5% decline in beneficiaries receiving only federal SSI payments netted only$22,874,000,
0.53% of total SSI spending, the lowest earning and most popular ever35. Under Astrue the very
date of the Notice of Termination and unconstitutional ex post facto payments to December 2010
are more likely to have been the sedition of the Inspector General of the Armed Forces
Retirement Home on the occasion of the bicentennial of the Naval Hospitals Act of Feb. 26,
1811 than an actual decision made and accounted for by SSA in Sanders’ decisive month of
December 201036. The dates on the statistics are fuzzy and the laws cited in the accident report
in March pertaining to Overpayment underpayment seem to have been pleasantly amended to
censure the espionage from Title II Sec. 204 of the Social Security Act 42USC(7)§404(a)(1)(A)
at the expense of the equal access to justice that once could once be found in SSI
Redetermination regulation under 20CFR416.204. The Defense of Social Security Caucus must
protect the laws and public records against tampering in the commission of Astrue’s Crimes
affecting Persons Engaged in the Business of Insurance whose Activities affecting Interstate
Commerce 18USC(47)§1033(c) and protect citizens against intimidation (d). To Protect
Americans from Violent Crime Congress must repeal Bush from 16USC(1)(I)§1a-7b after
clause (a)(3). Bush’s Secretary of Defense resigned when he learned how disgraceful Astrue’s
indictment was, it is time to recuse the Bush administration completely under Restrictions on
former officers, employees, and elected officials of the executive and legislative branches
18USC(11)§207. Whereas the SSI Terminations of December 2010 were returned to the General
Fund it is presumed that this overpayment was used to finance a new war with NATO by
desperate Bush money launderers after the termination of the TARP in October 201037. With the
SSI rules the Commissioners always wins the overpayment in overpayment and underpayment
statute Sec. 204(a)(1)(A) of the Social Security Act 42USC(7)§404(a)(1)(A)38. However with
33
Waiver of Sovereign Immunity 11USC§106
Sanders, Tony J. e-Redetermination of SSI Class $666. Hospitals & Asylums HA-18-2-11
35
Kahn, Art. SSI Monthly Statistics Table 1 June 2010 and February 2011
[email protected]
36
Sanders, Tony J. Armed Forces Retirement Home v. M.B. et al. Hospitals & Asylums. HA-62-11 2011 is the bicentennial of the Naval Hospital Act of 1811, the oldest statute codified by the
222 year old Congress in Hospitals & Asylums statute.
37
Sanders, Tony J. Re-invest Security Council Resolution 1970 in a Libyan Constitutional
Convention. Hospitals & Asylums. HA-7-3-11
38
The worst of the intimidation by the Secretary of Defense were either removed from the statute
or imagined Sec. 204(a)(1)(A) of the Social Security Act 42USC(7)§404(a)(1)(A). After review
of redetermination of SSI benefits regulation at 20CFR416.204 where the double edged nature of
34
17
his constant tampering with the rules to suppress evidence against himself he commits what is
known by AIDS victims in the metropolitan District of Columbia as 18USC(47)§1033(d)(c) 39
Lawmakers learned of tensions in 2010 between Mr. Goss, a civil servant who has worked at
Social Security for 37 years, and Michael J. Astrue, the commissioner of Social Security, who
was appointed by President George W. Bush to a six-year term that ends on Jan. 19, 2013. In
2010 the Annual Report of the OASDI Trustees had been delayed from April until August.
Relations have been strained since late 2008, when the two men clashed over the scope of the
actuary’s independence. The goal is to maintain the absolute independence and integrity of the
actuary’s office. Influence of any type shall not be countenanced on SSA actuarial assumptions
or prognostications. SSA estimates may not always be right, but they will never be biased. This
is important because the Ways and Means Committee Social Security statistics are 75% too
high40. Under federal law, the chief actuary has an unusual degree of autonomy. The law says he
shall perform his duties in accordance with professional standards of actuarial independence and
can be removed from office only for cause. The commissioner can be removed before his term
ends only if the president finds neglect of duty or malfeasance in office41.
After four years of economic recession M.J. Astrue has achieved the longest prospective
sentence of the 20-65 years of the Bush regime42. He needs to step down now. Aggravated
Identity Theft 18USC(47)§1028A and Crimes Affecting Insurance 18USC(47)§1033 are
accurate gauges of damages to the integrity of the SSA program caused his legal malpractice
however the beneficiaries would be far more satisfied with his impeachment and trial for the
reasonable civil rights offense of deprivation of relief benefits for which he faces up to one year
in jail under 18USC(13)§246. Plea Bargain: The actual one year term of imprisonment in a
SSI redetermination was removed from the statute so that SSA dictates. We must consider the
worst case scenario that has kept us up at nights. M.J. Astrue Esq. is the Bush appointee that
specializes in tampering with the official death records and archives to cover up his mass murder.
In 2007 when he took office life expectancy declined. From 2008-2010 CDC death reports have
been released the same week as the FISA re-authorization lending a sense of impropriety that
the files had been tampered with. Not even the statistical analysis of the SSA Master Death File
are online and must be purchased.
39
(c) Whoever is engaged in the business of insurance and whose activities affect interstate
commerce or is involved (other than as an insured or beneficiary under a policy of insurance) in
a transaction relating to the conduct of affairs of such a business, knowingly makes any false
entry of material fact in any book, report, or statement of such person engaged in the business of
insurance with intent to deceive any person shall be sentenced to up to 10 years in prison
(d) Whoever, by threats or force or by any threatening letter or communication, corruptly
influences, obstructs, or impedes or endeavors corruptly to influence, obstruct, or impede the due
and proper administration of the law shall be sentenced to up to 10 years in prison.
40
Ways and Means Committee, Subcommittee on Social Security. Fact Check: Democrats Deny
Social Security’s Red Ink. Monday, February 28, 2011
41
Pear, Robert. Lawmaker’s Defense Social Security’s Chief Actuary in Clash with the
Commissioner. New York Times. July 10, 2010 [email protected]
42
George W. Bush et al v. Her Majesty the Queen: House Judiciary Committee HA-3-3-06
18
correctional institution can be forgiven if the Commissioner settles >30,000 physically and
mentally disabled detainees released from California prisons at an annual cost of $3.3 billion that
can be defrayed for the first year by the malpractice insurance of negligent California lawyers,
who have 100,000 more prisoners to go, to achieve the international legal limit of 250 per
100,000. The one year term of supervised probation can be forgiven if SSA re-determines SSI
Class $666 to $700 minimum benefit and/or $1,000 for leaders. The Attorney General may
intervene to enforce these Civil Penalties and Injunctions for Violations of Section 1033
18USC(47)§1034 and is highly recommended to focus on making restitution for generations of
discrimination on the basis of race and national origin under 42USC(21)V§2000d. No matter the
circumstances we sentence Astrue Esq. and his obese staff to eat vegan, not more than one
serving of bread a day, and walk and then jog a cross country course daily.
SSA never gave evidence of poisoning 2001-2006, with the exception of perhaps the $66.60
Medicare premium of 200443 and psychiatric kidnapping of 200644, that went away leaving the
U.S. economy only a little fatter, but Michael J. Astrue Esq.’s representation was synonymous
with the kidnapping of 2008 and torture from day one of the Streptococcal colony in my heart
that forced me to terminate service to the federal government the week before the TARP panic in
September 20, 2008 that allowed Bush to corrupt the Federal Budget I have balanced 2005-2012,
with the exception of 2009 and 201045. The tallest skyscraper in Cincinnati, an insurance
building, now marks the spot where President Obama lost his innocence in 200846. After making
a campaign stop in Cincinnati he went to a U.S. military base in Afghanistan and made no
apology when U.S. forces bombed and killed dozens of innocent civilians. When sued for
reparation the civilian killer made no response and then with the counsel of now Attorney
General Holder sexually discriminated in selecting “white bread” Vice President Biden which
antagonized Hillary Clinton’s rational U.S. non-discrimination platform and opened Obama up
to the blackmail by TARP violations of Restrictions on former officers, employees, and elected
officials of the executive and legislative branches 18USC(11)§207 that has so far characterized
the trillion dollar deficits of the Obama Administration. President Obama has just one year to
left to balance the budget thereby fixing the economy. Has he killed too many old ladies to
purchase Federal Budget in Balance FY 2011: Comparison of Bush and Obama. Hospitals &
Asylums HA-28-2-10 from the author for $1,000? The President must immediately free himself
of Astrue’s lies, and appoint the African American Regional Commissioner for the Seattle
Region, Stanley Friendship, Commissioner of Social Security, for a two year term.
43
Sanders, Tony J. Hamilton County Food Stamp Fraud. Hospitals & Asylums. HA-15-1-05
Sanders, Tony J. Hospitals & Asylums v. Health Alliance HA-9-9-06
45
Sanders, Tony J. Federal Budget in Balance FY 2011: Comparison of Bush and Obama.
Hospitals & Asylums HA-28-2-10
46
Sanders, Tony J. Human Rights Campaign (HRC), Citizens Commission on Human Rights
(CCHR), et al, plaintiffs v. US Presidential Candidates Barack Obama and John McCain whose
foreign policies must change Asia and the Near East (ANE) to Middle East and Central Asia
(MECA) and South East Asia (SEA), Title 22 Foreign Relations and Intercourse (a-FRaI-d) to
(FR-ee) and the Court of International Trade (CoITUS) to Customs Court (CC), defendants.
Hospitals & Asylums. HA-28-7-08
44
19
Table 3: SSA Balance Sheet 2008-2012 (in millions)
2008
58,602
2009
78,657
2010
85,108
2011
80,933
2012
77,304
Social Security Administration
(on-budget) OMB
Social Security Administration
86,712
87,974
Budget Justification
Social Security Administration
599,197
648,892
683,867
708,620
738,430
(off-budget) OMB
Social Security Administration
819,000
848,000
900,000
946,000
Income
Social Security Administration
683,000
709,000
735,000
773,000
Expenses
Social Security Administration
137,000
139,000
155,000
175,000
Savings
Social Security Administration
2,203,000 2,340,000 2,479,000
2,634,000
2,809,000
Assets
Source: Sanders, Tony J. Table 21 Federal Budget in Balance FY 2011: Comparison of Bush and
Obama. Hospitals & Asylums HA-28-2-10
The new Commissioner must be firm - fraud, terrorism and torture are not allowed. All letters
issuing from the agency must neutrally cite social security statute. SSA shall share tort
settlements with the victims of medical and legal malpractice. The new Commissioner must be a
social worker. Claims representatives shall be known as social worker and non-social worker
representatives. The national call centers are an improvement but email must become the
preferred method of communication because that is how sovereign citizens submit legal evidence
for legal tender. The new Commissioner must remove all lawyers from office of Administrative
Law Judge (ALJ) and replace them with licensed social workers. The lawyers shall be relegated
to represent SSA in Federal Court charged with financing the halfway house system needed to
achieve the international legal limit of 250 detainees per 100,000 residents. Whereas women are
evidently discriminated against in the benefits they earn a survey must be undertaken to
determine how severe the racial discrimination is. The new Commissioner must adjust DI and
OASI rates to eliminate the DI deficit. The new Commissioner must abolish the excessive
regulation based on imaginary money SSI imposes on people making less than the $1,000 a
month poverty line and raise class $666 to the minimum benefit of $700 a month and $1,000 a
month for leaders, with a fixed annual 3% COLA. Goals for the future are the nationalization of
health insurance and to guarantee every American $1,000 a month. Most of all staff and
beneficiaries need to work together to heal the nation. America must re-purchase its sovereignty
immunity after three years persecuting $666 a month SSI without COLA, ($674 2009-2011) by
redetermining SSI payments to $700 a month, with a fixed 3% COLA under 20CFR416.204.
A week has been wasted prosecuting M.J. Astrue Esq that could have been better spent
performing the OASDI calculus. M.J. Astrue Esq. must be immediately impeached from office
of Trust by the Senate and replaced with a social worker. Three years without COLA at $666
SSI is nearly too much deprivation of relief benefits for one meaningful year in prison under
20
18USC(13)§246. This calls for wisdom. Let the person who has insight calculate the number of
the beast, for it is the number of a man, that number is 666 (Revelation 13:10 & 18). Americans
cannot tolerate one more day of captivity under Astrue’s white lies or another killing by his hired
sword. The Prohibition against exclusion from participation in, denial of benefits of, and
discrimination under federally assisted programs on ground of race, color or national origin
42USC(21)V§2000d is the way to capitalize on the Obama administration. The Defense of
Social Security Caucus should nominate Stanley Friendship Pacific Northwest Regional
Commissioner, because he is an African American social worker who has worked for SSA for 30
years, is equally welcome to perform as a professional drummer47 or succeed as the sixteenth
Commissioner of Social Security appointed by President Barack Obama on the conditions that;
(1) the OASI and DI tax rates be adjusted without increasing overall taxation
(2) SSI and DI payments increase to $700 month at an estimated annual cost of $2 billion
(3) >30,000 qualified physically and mentally ill prisoners released by Brown v. Marciana
(2011) be given SSI to finance a halfway house, group home, system cost of $336 million.
(4) COLA be fixed at 3% annually
(4) Social workers be appointed ALJ and lawyers retained by SSA at Federal Court
(5) A halfway house system be financed with SSI to get the penal population below 250
detainees per 100,000 residents and
(5) A beneficiary survey of race and national original be conducted.
Vote for civil rights. Appoint Stanley Friendship to a two year term as Commissioner of Social
Security under Section 702 of Title VII the Social Security Act 42USC(7)VII§902(a)(3) as
amended by this Act.
Act 2 Obligation to Redress the Deprivation of Relief SSI Class $666 (2009-2011)
Notices were sent out in March 2011 to terminate 44,096 SSI SSI beneficiaries in March, social
work month, and retro-active payments, dating to December 2010 when a 0.55% total decline in
enrollment was led by a 4.5% decline in beneficiaries receiving only federal SSI payments. In
his April newsletter Senator Bernie Sanders (S-Vt) expressed the public outrage of hundreds of
protesting beneficiaries. This is not the first time the number of SSI beneficiaries has declined.
In October 2009 the total number of SSI beneficiaries declined by 9,264 (0.12% of population)
for savings of $69,709,000 (1.7% of monthly spending). In December 2009 total beneficiaries
declined by 45,223 (0.5%) saving $50,456,000 (1.2%). In July 2010 total beneficiaries declined
6,354 (0.07%) saving $79,520,000 (1.86%). In December 2010 total beneficiaries declined by
44,096 (0.55%) netting only $22,874,000 (0.53%)48. December 2010 stands out as a particularly
criminal violation of civil rights statute pertaining to the deprivation of relief benefits under
18USC(13)§246. The only operation made available this political capital at the end of the year
47
Sanders, Tony J. A Treaty of Freedom with the Rogue River Tribes: Table Rocks Wilderness
Camping Powwow Petition. Hospitals & Asylums HA-12-5-11
48
Kahn, Art. SSI Monthly Statistics Table 1 June 2010 and February 2011
[email protected]
21
when Congress came to ask what they had done with their windfall was the termination of
benefits to reduce the occurrence of improper payments.
Table 4: SSI Recipients (by type), total and average payments June 2009 –February 2011
Month
Total
Number
of
recipients
8,002,032
Federal
payment
only
Federal
payment and
state
supplementation
5,627,081 2,119,585
State
Total
supplementation payments
only
(thousands
of dollars)
255,366
4,342,633
Average
monthly
payment
(dollars)
497.60
February
2011
January
7,956,362 5,592,029 2,109,226
255,107
4,235,824 499.70
2011
December 7,912,266 5,526,333 2,129,334
256,599
4,273,680 500.70
2010
November 7,947,752 5,551,970 2,138,811
256,971
4,296,554 499.30
October
7,905,492 5,518,761 2,129,769
256,962
4,237,780 499.70
September 7,898,515 5,513,288 2,128,504
256,723
4,256,062 498.30
August
7,892,141 5,507,862 2,127,986
256,293
4,311,454 498.90
July
7,831,046 5,460,051 2,114,890
256,105
4,190,076 499.20
June
7,837,400 5,464,724 2,116,937
255,739
4,269,596 497.50
May
7,800,015 5,435,751 2,109,071
255,193
4,205,003 498.60
April
7,774,363 5,415,628 2,104,004
254,731
4,184,114 499.50
March
7,776,667 5,417,319 2,105,179
254,169
4,274,831 498.30
February
7,739,526 5,386,683 2,098,273
254,570
4,128,360 496.70
January
7,705,071 5,358,655 2,092,282
254,134
4,085,073 498.70
2010
December 7,676,686 5,337,340 2,085,539
253,807
4,120,127 498.80
2009
November 7,721,905 5,368,216 2,099,323
254,366
4,170,583 498.10
October
7,682,338 5,330,233 2,088,580
263,525
4,113,205 499.40
September 7,691,602 5,337,606 2,090,610
263,386
4,182,914 497.50
August
7,651,360 5,307,020 2,081,537
262,803
4,098,660 498.50
July
7,618,848 5,281,432 2,074,422
262,994
4,049,965 497.80
June 2009 7,638,836 5,287,256 2,076,756
274,824
4,157,154 500.20
Source: Kahn, Art. SSI Monthly Statistics Table 1 June 2010 and February 2011
The SSI program is a nationwide Federal assistance program administered by SSA that
guarantees a minimum level of income for needy aged, blind, or disabled individuals. It acts as a
safety net for individuals who have limited resources and little or no Social Security or other
income. Under the SSI program, the monthly Federal cash payment in 2011 for an eligible
person living in his or her own household and having no other countable income is $674 ($1,011
for a couple if both members are eligible). During 2010, 8.6 million aged, blind, or disabled
individuals received at least 1 month’s Federal SSI benefit. In January 2011, 8.0 million
individuals received Federally-administered monthly SSI benefits averaging $500. Of these, 7.7
22
million received monthly Federal SSI payments averaging $478, up from 7.5 million recipients
with an average payment of $476 in January 2010 and 2.4 million received monthly State
supplementation payments averaging $125. This group was composed of 1.1 million aged
recipients, 6.4 million disabled recipients, and 65 thousand blind recipients. Of the 6.5 million
blind or disabled recipients, 1.2 million were under age 18, and 0.8 million were aged 65 or
older. As a percentage of the total U.S. population, the number of Federal SSI recipients
increased slightly from 2.37 percent in 2009 to 2.42 percent in 2010.
In 2010 applicant success ran at about 45.8%. During calendar year 2010, 2.4 million
individuals applied for SSI benefits based on blindness or disability, an increase of 3 percent
over 2009. Additionally, 148 thousand applied for SSI benefits based on age, an increase of less
than 1 percent over 2009. In 2010, 1.1 million applicants were awarded SSI benefits, an increase
of 5 percent as compared to the 1.0 million awarded benefits in 2009. Each month on average
during calendar year 2010, 7.6 million individuals received Federal SSI benefits. Federal SSI
expenditures expressed as a percentage of the Gross Domestic Product (GDP) were 0.293 in
2008 and increased to 0.325 percent of GDP in 2009 due to the economic recession. After
increasing slightly to 0.326 percent of GDP in 2010, SSA projects that expenditures as a
percentage of GDP will decrease slightly to 0.324 percent of GDP in 2011, and continue to
decline thereafter to 0.244 percent of GDP by 2035. Federal expenditures for cash payments
under the SSI program during calendar year 2010 increased 4.1 percent to $47.8 billion, while
the funds made available to administer the SSI program in fiscal year 2010 increased 9.2 percent
to $3.7 billion. In 2009 the corresponding program and administrative expenditures were $45.9
billion and $3.4 billion, respectively49. Administration increased more than twice as fast as
beneficiaries. Administrative costs rose from 7.4% to 7.7% in 2010. SSI administrative costs are
too high. SSI must be deregulated to reduce paperwork and not interfere with cottage industry.
Table 5: SSI COLA, Rates, Beneficiaries, Payments, Administrative Costs 1974-2011
Year
COLA
Benefit
Rate
1974
1980
1990
2000
2001
2002
2003
2004
2005
4.3%
14.3%
4.7%
2.5%
3.5%
2.6%
1.4%
2.1%
2.7%
$146.00
$238.00
$386.00
$513.00
$531.00
$545.00
$552.00
$564.00
$579.00
Total
Beneficiary
(thousand)
3,996
4,142
4,817
6,602
6,688
6,788
6,902
6,988
7,114
Federal
Payments
(millions)
16,741
15,470
21,724
36,906
38,112
38,935
39,680
40,155
40,824
Admin.
Costs
(millions)
668
1,075
2,321
2,397
2,522
2,656
2,806
2,795
49
Astrue, M.J. Annual Report of the Supplemental Security Income Program. Social Security
Administration. 2011 The Commissioner released the fifteenth Annual Report of the
Supplemental Security Income Program in compliance with section 231 of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996.
23
2006 4.1%
$603.00
7,236
41,502
2,916
2007 3.3%
$623.00
7,360
42,208
2,857
2008 2.3%
$637.00
7,521
43,143
2,820
2009 5.8%
$674.00
7,677
47,429
3,316
2010 0.0%
$674.00
7,912
48,357
3,629
2011 0.0%
$674.00
8,179
49,311
3,713
Source: Annual Report of the SSI Program 2011 Table IV. A2. pp. 28; Table IV.B9 pp. 44;
Table IV. C3. pp. 48; Table IV.E1. pp. 5250
Federal entitlement programs for the aged, blind, or disabled have their roots in the original
Social Security Act of 1935. The Act established an old-age social insurance program
administered by the Federal Government and an old-age means-tested assistance program
administered by the States. Congress added similar programs for the blind or disabled to the Act
in later years. Means-tested assistance provided a safety net for individuals who were either
ineligible for Social Security or whose benefits could not provide a basic level of income. This
means-tested assistance comprised three separate programs—Old-Age Assistance, Aid to the
Blind, and Aid to the Permanently and Totally Disabled. Despite substantial Federal financing,
these programs were essentially State programs. Federal law established only broad guidelines
for assistance. The Federal Government provided matching funds to support whatever payment
levels the States established, with no maximum or minimum standards. Consequently, each State
was responsible for setting its own standards for determining who would get assistance and how
much they would receive. Beginning in the early 1960s, this State-operated, Federally-assisted
welfare system drew criticism that was directed at the “crazy quilt” eligibility requirements and
payment levels. Other criticism centered on specific requirements, such as lien laws and
provisions that required certain relatives to bear responsibility for the maintenance of needy
family members. Responding to these concerns, Congress established the Supplemental Security
Income (SSI) program in 1972, with payments beginning in January 1974. The Social Security
Administration (SSA) administers the program. SSI replaced the former Federal-State programs
of Old-Age Assistance, Aid to the Blind, and Aid to the Permanently and Totally Disabled in the
50 States and the District of Columbia. Residents of the Northern Mariana Islands became
eligible for SSI in January 197851.
The main objective of the SSI program is to provide the basic financial support of needy aged,
blind, or disabled individuals. Congress designed the SSI program based on the following
principles: Prior to the SSI program, the eligibility of aged, blind, or disabled individuals for
Federally-funded adult assistance depended on the State in which they lived. Benefit amounts
vary from State to State. The SSI program replaced the State-run programs with a national
program with uniform standards and objective eligibility criteria. These standards include a
uniform limitation on the dollar amount or value of income and resources that an individual can
have and still qualify for SSI assistance. The countable income limits for individuals and couples
50
Astrue, M.J. Annual Report of the Supplemental Security Income Program. Social Security
Administration. 2011
51
Supplemental Security Income for the Aged, Blind and Disabled Sections 1601-1637 of Title
XVI of the Social Security Act 42USC(7)XVI§1381-1383f
24
are equal to their respective Federal benefit rates and hence are increased annually according to
changes in the cost of living. For 2011, the Federal benefit rate is $674 a month for individuals
and $1,011 a month for couples. The resource limit is $2,000 in countable resources for
individuals and $3,000 for couples. A uniform standard of 65 as the minimum age requirement
for assistance based on age. A uniform definition of disability and blindness. The definitions for
individuals age 18 or older are the same as those used for the Social Security Disability
Insurance (SSDI) program. A child under age 18 is subject to deeming from an ineligible natural
or adoptive parent (and that parent’s spouse, if any) living in the same household52.
In order to be considered disabled, an individual must have a medically determinable physical or
mental impairment which is expected to last or has lasted at least 12 continuous months or is
expected to result in death and (1) if age 18 or older, prevents him/her from doing any substantial
gainful activity or (2) if under age 18, results in marked and severe functional limitations53.
However, individuals for whom addiction to drugs or alcoholism is a contributing factor material
to the determination of their disabilities are not eligible for benefits. In order to be considered
blind, an individual must have central visual acuity of 20/200 or less in the better eye with the
use of a correcting lens or have tunnel vision of 20 degrees or less. In order to be eligible for
SSI, an individual must be a citizen or national of the United States, an American Indian born in
Canada who is admitted to the United States under section 289 of the Immigration and
Nationality Act (INA), an American Indian born outside the United States who is a member of a
Federally recognized Indian tribe under section 4(e) of the Indian Self-Determination and
Education Assistance Act, a noncitizen who was receiving SSI benefits on August 22, 1996, or
be a qualified alien54.
No person shall be an eligible individual or eligible spouse for purposes of this title with respect
to any month if throughout such month he is an inmate of a public institution. In any case where
an eligible individual or his eligible spouse (if any) is, throughout any month (subject to
subparagraph (G)), in a medical treatment facility receiving payments (with respect to such
individual or spouse) under a State plan approved under title XIX the rate shall not exceed $360
per year. A person may be an eligible individual or eligible spouse for purposes of this title with
respect to any month throughout which he is a resident of a public emergency shelter for the
homeless55. No individual (other than a child who is a citizen of the United States, and who is
living with a parent of the child who is a member of the Armed Forces of the United States
assigned to permanent duty ashore outside the United States, shall be considered an eligible
individual for SSI for any month during all of which such individual is outside the United
States56. A disabled or blind individual whose eligibility for SSI payments ended because of
52
Eligibility for benefits Sec. 1611 of Title XVI of the Social Security Act 42USC(7)XVI§1382
Disability Insurance Benefit Payment Title II Sec. 223 of Title II of the Social Security
42USC(7)II§423(d)(1)
54
Meaning of Terms Sec. 1614 of Title XVI of the Social Security Act 42USC(7)XVI§1382c
55
Eligibility for and Amount of Benefits. Limitation on Eligibility of Certain Individuals Sec.
1611 of Title XVI of the Social Security Act 42USC(7)XVI§1382 (e)(1)
56
Eligibility for and Amount of Benefits. Individuals outside of the United States. Sec. 1611 of
Title XVI of the Social Security Act 42USC(7)XVI§1382 (f)(1)
53
25
earnings can request expedited reinstatement of SSI benefits without filing a new application. To
qualify for expedited reinstatement, the individual must make the request within 60 months after
his/her eligibility ended and must have a disabling medical condition that: (1) is the same as (or
related to) the disabling medical condition that led to the previous period of eligibility and (2)
prevents the performance of substantial gainful activity57. In determining whether the individual
is disabled or blind, the medical improvement review standard is applied. Normal nonmedical
requirements for SSI eligibility still apply. An individual requesting expedited reinstatement
may receive up to 6 months of provisional benefits while his/her request is pending. These
benefits generally are not considered an overpayment if the request is denied.
The amount of an individual’s income is used to determine both eligibility for, and the amount
of, his/her SSI benefit. As countable income increases, an individual’s SSI benefit amount
decreases. Generally, ineligibility for SSI occurs when countable income equals the Federal
benefit rate plus the amount of applicable Federally-administered State supplementary payment.
The monthly Federal benefit rate is reduced dollar-for-dollar by the amount of the individual’s
“countable” income—i.e., income less all applicable exclusions. Countable income is determined
on a calendar month basis. The result of this computation determines SSI eligibility and the
amount of the benefit payable. These benefit rates are adjusted annually in January to reflect
changes in the cost of living. When an individual lives in the household of another and receives
support and maintenance in kind (i.e. generally room and board) from the householder, the
Federal SSI benefit rate is reduced by one-third in lieu of counting the actual value of the support
and maintenance as unearned income. The value of food or shelter-related items the individual
receives in kind from persons other than the householder (including in-kind assistance from
outside the household in which he/she lives) is counted as unearned income. However, the
amount that is countable is limited to an amount equal to one-third of the applicable Federal
benefit rate plus $20.
Table 5: Supplemental Security Income (SSI) Program Rates & Limits 2011
Monthly Federal Payment Standard (dollars)
Individual
674
Adjusted Individual
700
Couple
Cost-of-Living Adjustment (percent)
1,011
0.0
Resource Limits (dollars)
Individual
2,000
Couple
3,000
Monthly Income Exclusions (dollars)
57
Benefits for Individuals Performing Substantial Gainful Activity Despite Severe Medical
Impairment Sec. 1619 of Title XVI of the Social Security Act 42USC(7)XVI§1382h
26
Earned Income a
65
Unearned Income
20
Source: Blahous, Charles P.III; Reischauer, Robert D. Trustees. Status of the Social Security and
Medicare Programs. May 5, 2011
SSI law defines two kinds of income—earned and unearned. Earned income is wages, net
earnings from self-employment, remuneration for work in a sheltered workshop, royalties on
published work, and honoraria for services58. All other income is unearned including, for
example, Social Security benefits, other pensions, and unemployment compensation59. The
distinction between earned and unearned income is significant because different exclusions apply
to each type of income. However, not everything an individual receives is considered to be
income. Generally, if the item received is not food or shelter or cannot be used to obtain food or
shelter, it will not be considered as income. For example, if someone pays an individual’s
medical bills, or offers free medical care, or if the individual receives money from a social
services agency that is a repayment of an amount he/she previously spent, that value is not
considered income to the individual. In addition, some items that are considered to be income are
excluded when determining the amount of an individual’s benefit60.
The principal earned income exclusions are:
• The first $65 per month plus one-half of the remainder;
• Impairment-related work expenses of the disabled and work expenses of the blind;
• Income set aside or being used to pursue a plan to achieve self-support (PASS) by a disabled or
blind individual; and
• The first $30 of infrequent or irregularly received income in a quarter.
The principal unearned income exclusions are:
• The first $20 per month;
• Income set aside or being used to pursue a PASS by a disabled or blind individual;
• State or locally funded assistance based on need;
• Rent subsidies under the Department of Housing and Urban Development (HUD) programs;
• The value of food stamps; and
• The first $60 of infrequent or irregularly received income in a quarter.
58
Income Sec. 1612 of Title XVI of the Social Security Act 42USC(7)XVI§1382a(a)(1)
Income Sec. 1612 of Title XVI of the Social Security Act 42USC(7)XVI§1382a(a)(2)
60
Income Sec. 1612 of Title XVI of the Social Security Act 42USC(7)XVI§1382a(b)
59
27
The value of an individual’s resources is used to determine whether he/she is eligible for SSI in
any given month. SSI law states that eligibility is restricted to individuals who have countable
resources, determined monthly, that do not exceed $2,000 ($3,000 for a couple)61.
The principal resource exclusions are:
• The home and land appertaining to it, regardless of value;
• Life insurance policies whose total face value does not exceed $1,500;
• Burial funds not in excess of $1,500 each for an individual and spouse (plus accrued interest);
• Household goods, if needed for maintenance, use and occupancy of the home, and personal
effects;
• An automobile, if used to provide necessary transportation;
• Property essential to self-support;
• Resources set aside to fulfill a PASS; and
• Amounts deposited into either a Temporary Assistance for Needy Families (TANF) or “Assets
for Independence Act” individual development account (IDA), including matching funds, and
interest earned on such amounts.
The Social Security Act requires applicants and recipients to report events and changes of
circumstances that may affect their SSI eligibility and benefit amounts. The Act requires such
reports, for example, when an individual has a change in the amount of his/her income or
resources, changes living arrangements, or leaves the United States. Failure or delay in reporting
such a change can result in monetary penalties or ineligibility for SSI benefits. The basic
“failure to report” penalty is $25 for the first such failure or delay, $50 for the second such
failure or delay, and $100 for each subsequent failure or delay62. However, in cases of fraud or
false representation of material facts, SSA’s Inspector General can assess civil monetary
penalties in amounts as large as $5,00063. Any person or entity convicted of a violation may not
be certified as a representative payee64. SSA also has the authority to suspend eligibility to SSI
benefits for periods of 6, 12, or 24 months. Overpayments to SSI recipients are generally
recovered by withholding from the monthly benefit an amount equal to 10 percent of the
individual’s countable monthly income. The high administrative costs of SSA drive bureaucrats to
harass beneficiaries with threats of disability determinations and reckless. SSI overpayments present
SSA’s greatest payment accuracy challenge. During fiscal years (FYs) 2010-2012, SSA
projected an overpayment accuracy rate of 91.6 percent, 92 percent, and 92.5 percent,
respectively. SSA determines payment accuracy rates by reviewing and redeveloping a sample of
cases where a payment was made within the fiscal year under review. SSA conducts interviews
61
Resources Sec. 1613 of Title XCI of the Social Security Act 42USC(7)XVI§1382b
Penalties for Fraud. Reporting. Sec. 1632 of Title XVI of the Social Security Act
42USC(7)XVI§1383a(a)(3) up to 5 years
63
Penalties for Fraud. Fraud. Sec. 1632 of Title XVI of the Social Security Act
42USC(7)XVI§1383a(a)(1) & (2) up to 5 years
64
Representative payees. Sec. 807 of Title VIII of the Social Security Act 42USC(7)VIII§1007;
Evidence Procedure and Certification of Payment, Representative Payees Sec. 205 of Title II of
the Social Security Act 42USC(7)II§405(j)
62
28
and redevelop nonmedical factors of eligibility to determine whether the payment was correct.
Overpayment and underpayment errors are reported separately. 2009 accuracy reviews reviewed
4,310 cases. Astrue’s request for funding for program integrity workloads as critical to maintain
and improve SSI payment accuracy is a false representation of the material facts used to
determine right to benefits whereas 7.7% of program costs are being wasted on the
administration of harassment to SSI beneficiaries making less than $1,000 a month Astrue
doesn’t care about because he is blinded by the class interests of his cruel and illiterate lawyers65.
SSA’s coordination with other welfare institutions has been corrupting66. Access to Financial
Institutions (AFI) is an Astrue initiative to verify bank account balances for purposes of
determining SSI eligibility. The AFI initiative verifies bank accounts at the SSI recipient’s
alleged financial institutions and searches other financial institutions for accounts in his or her
name. AFI is projected to earn roughly $900 million in lifetime program savings every year.
Through the first 6 months of fiscal year 2011, 68 percent of SSI recipients received their
benefits by direct deposit. Effective May 1, 2011, applicants filing for SSI benefit payments
must choose either direct deposit or the Direct Express® debit card, a prepaid debit card
available to any individual receiving SSI benefit payments. Individuals currently receiving
payment by check will have until March 1, 2013 to switch to direct deposit or the Direct
Express® debit card. SSA’s incursion into the banking system does not seem to have yet caused
any terrorism like the other cases of lawyers seizing the national banks, but does seem to have
given rise to 230 cyber attacks fraud in 201167. The AFI initiative needs to be insured against
abuse by the FDIC68. The hacking of SSI Redetermination statute 20CFR416.204 to ensure the
special status of individual class members are given due consideration under, rather than above,
Art. 23(b)(3) of the Federal Rules of Civil Procedure69, certainly identifies as Crimes by or
affecting Persons Engaged in the Business of Insurance whose Activities affect Interstate
Commerce 18USC(47)§1033(d)(c).
65
Penalties Sec. 208 of Title II of the Social Security Act 42USC(7)II§408 up to 5 years in
prison. Penalties for Fraud. Fraud. Sec. 1632 of Title XVI of the Social Security Act
42USC(7)XVI§1383a(a) (2) up to 5 years.
66
ACCESS President was replaced after the Low-Income Energy Assistance Program (LEAP)
engaged in foul play with radiological dispersal devices.
67
Glick, Deanna. Data Security Reform Move Forward. Lifestore. June 3, 2011 Aggravated
Identity Theft 18USC(47)§1028A(a)(1);(c)(5), numerous corporations reported their client lists
had been hacked; ie. Generics-discount.com ‘s Mastercard gateway was destroyed to require the
extortionate fees imposed on those making less than $1,000 by Greendot.com, the author’s
Magic Jack doesn’t make local outgoing calls, an email list was stolen in 2010 after SSIs breech
of the lease.
68
The last prosecutor who seized the State Treasury was impeached for campaign finance
violations within a month of reporting the embezzlement of $250 in fraudulent overdraft fees to
the FDIC. Unfortunately, the Treasurer went back to his old haunts as country prosecutor and
assaulted the witnesses who hadn’t already fled the declining population of 680,000 to 600,000
between 1990 and 2005.
69
Federal Rules of Civil Procedure Rule 23 Class Actions e-Redetermination of Class $666 HA18-2-11
29
The Claims Resolution Act of 2010 Public Law 111-291, enacted December 8, 2010 reasserted
Pigford claims under section 14012 of the Food, Conservation, and Energy Act of 2008 (Public
Law 110-246; 122 Stat. 2209). Under the Claims Resolution Act of 2010 owners of money held
in mismanaged trust accounts are eligible for settlement payments excluded from consideration
as income for SSI purposes pursuant to Cobell et al. v. Salazar et al No. 09-758 In re Black
Farmers Discrimination Litigation, Misc. No. 08-mc-051170. SSI qualifies as a mismanaged
trust account and beneficiaries of Class $666 (674 2009-2011) are due both income exclusion
and settlement.
First, SSI beneficiaries must be excluded from the micromanaging beneficiary reporting and
residency program requirements. Beneficiaries should not have to report unless they earn an
income greater than $1,000 a month, $326 a month more than the $674 benefits of 2011 or
$3,600 annually. The IRS would not tax such small gains. SSA should not have wasted 7.7% of
SSI payments in 2010 on disability determinations and paperwork persecuting the day-to-day
and month-to-month living arrangements of the poor71. Record high SSI administrative costs,
9.2% more than in 2009, indicate inefficient administration. The $2,000 exclusion in Improving
Access to Clinical Trials Act of 2009 Public Law 111-255, enacted October 5, 2010 for
participation in biomedical research must be increased to $3,600 to protect all SSI beneficiaries
making less than $1,000 a month, from being subjected to torture, cruel, inhuman, degrading
treatment or medical or scientific experimentation as the result of SSA reporting requirements.
Under Guideline 19 of the International Ethical Guidelines for Biomedical research Involving
Human Subjects of 1993 Right of injured subjects to treatment and compensation. Investigators
should ensure that research subjects who suffer injury as a result of their participation are entitled
to free medical treatment for such injury and to such financial or other assistance as would
compensate them equitably for any resultant impairment, disability or handicap. In the case of
death as a result of their participation, their dependents are entitled to compensation. Subjects
must not be asked to waive the right to compensation72. SSI is America’s most versatile tool for
the compensation of injury and relief of poverty. SSI administrative costs must be dedicated to
insuring all Americans against poverty, not entrapping a few lucky beneficiaries on a
scientifically devised minimum income. To lower administrative expenses SSI should
deregulate black market reporting and aggressively increase benefits payments to more
impoverished Americans73.
70
Brief for the Respondents in Opposition. [email protected]
Penalties for Fraud. Reporting. Sec. 1632 of Title XVI of the Social Security Act
42USC(7)XVI§1383a(a)(3) up to 5 years
72
Sanders, Tony J. Dr. Luebbe is Dead, Long Live Antioch College. Hospitals & Asylums HA8-2-11
73
Art. 7 of the International Covenant on Civil and Political Rights of 23 March 1976 No one
shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In
particular, no one shall be subjected without his free consent to medical or scientific
experimentation. Under Art. 12 of the International Covenant on Social, Economic and Cultural
Rights of 3 January 1976 States must take steps for the prevention, treatment and control of
epidemic, endemic, occupational and other diseases.
71
30
Second, since 1975, these Federal SSI benefit rates have increased with the same cost-of-living
adjustment (COLA) that has been applied to benefits under the Old-Age, Survivors, and
Disability Insurance (OASDI) program74. To make matters cruel and unusual the benefit rate
stalled at $674 a month, $666 after the financial institution fee. In 2009, 2010 and 2011 there was
no COLA because the 500% increase in the price of rolling tobacco and HDTV costs did not
impact the Consumer Price Index (CPI) although they dramatically increased costs of many
beneficiaries75. Restitution is needed for SSI Class $666 ($674 2009-2011) to provide vital
insight into the global economic recovery from the 6.6 billion world population (2006), $66.6
trillion global economy (2008) and 6.6 million population in Libya (2011). Unlike these other
disastrous calculations of the number of the beast, SSI Class $666 ($674 2009-2011) stands out
as being an arbitrary creation of feebleminded men lacking insight into the full extent of the
evidence tampering, witness intimidation and other Crimes by or affecting Persons Engaged in
the Business of Insurance whose Activities affect Interstate Commerce under
18USC(47)§1033(d)(c) by Astrue Esq.
Whereas no law, consumer price or death statistic remains un-tampered we shall have to rely
upon our faith that John’s prophecy “If anyone is to go into captivity, into captivity they will go.
If anyone is to be killed with the sword, with the sword they will be killed” (Revelation 13:10)
has run its course after two Commissioners. We cannot idolize the 6 year term of the
Commissioner legislated in January 2001 any longer. The six year term has been beastly and
must be reduced to 2 years under Section 702 of Title VII the Social Security Act
42USC(7)VII§902(a)(3). This calls for wisdom. Let the person who has insight calculate the
number of the beast, for it is the number of a man. That number is 666 (Revelation 13:18). The
$66.60 Medicare premium of 2004 was originally attributed with an increase in overall number
of mortalities in the US. There was strife when the world reached 6.6 billion people (2006),
earned $66.6 trillion (2008) and Libya reached a population of 6.6 million76. When Astrue Esq.
decided to stall out the 2009 COLA at $666 ($674) on 2008 CPI information US life expectancy
declined for the first time since statistics were compiles and thereafter death statistics, and
consumer prices such as rolling tobacco and HDTV were highly tampered with, without any
insight into the actual inflation or health of poor SSI beneficiaries77. The number 666 has been
74
Cost of Living Adjustment in Benefits Sec. 1617 of Title XVI of the Social Security Act
42USC(7)XVI§1382f
75
Sanders, Tony J. Rolling Back the Tobacco Tax of 2009 Act. Hospitals & Asylums HA-10-1010 The Children’s Health Insurance Program Reauthorization Act of 2009 (CHIPRA, Public
Law 111–3) Title VII Revenue Provisions Section 701 Increase in Excise Tax Rate on Tobacco
Products, imposed a 2,653 percent tax increase on small cigars and 2,159 percent tax increase on
roll-your-own tobacco while imposing only a 158% tax increase on rich Taylor made cigarette
smokers like the President.
76
Sanders, Tony J. Re-invest Security Council Resolution 1970 in a Libyan Constitutional
Convention HA-7-3-11
77
There have been so many tampered public records in retaliation against SSA claims that it is
more likely that the CPI index was intentionally tampered with to intimidate Sanders, Tony J.
Application for Cost of Living Adjustment. 1st Draft 1 October 2006, 2nd 3 June 2007 than the
31
used many times in horror movies. Its unholiness is too obvious to be tolerated. Beneficiaries
must be protected from the idolatry of future generations under (Exodus 20:6)(Deuteronomy
5:10). A 3% annual Cost-of-Living-Adjustment Cost of Living Adjustment in Benefits must be
legislated under Sec. 1617 of Title XVI of the Social Security Act 42USC(7)XVI§1382f and Sec.
215 of Title II of the Social Security Act 42USC(7)II§415(i). Do not allow the CPI abstract to
dictate who gets how much COLA. Let SSI beneficiaries getting a 3% annual increase provide
the CPI with insight on the price floor and limit SSI administrative expenses to 3%.
Act III Creation of SSI Financed Halfway House System
Brown v. Marciana & Plata (2011)78 is the largest liberation in history. Of the 46,000 prisoners
ordered to be released under only 9,000 have been released so far. Prisoners with serious mental
disorders and physical conditions are having difficulty finding an affordable situation in the
community that accommodates their needs without any money and the State is reluctant to pay
for community corrections because of the budget deficit. Justice Kennedy79 delivered the
opinion of the Court that arises from serious constitutional violations in California’s prison
system. The violations have persisted for years. They remain uncorrected. The appeal comes to
this Court from a three-judge District Court order directing California to remedy two ongoing
violations of the Cruel and Unusual Punishments Clause, a guarantee binding on the States by
the Due Process Clause of the Fourteenth Amendment. The violations are the subject of two
class actions in two Federal District Courts. The first involves the class of prisoners with serious
mental disorders. That case is Coleman v. Brown. The second involves prisoners with serious
medical conditions. That case is Plata v. Brown. The order of the three-judge District Court is
applicable to both cases. The authority to order release of prisoners as a remedy to cure a
systemic violation of the Eighth Amendment is a power reserved to a three-judge district court,
not a single-judge district court under the Prison Litigation Reform Act of 1995
18USCII(229)(C)§3626. Both classes of disabled released prisoners are eligible for SSI benefits
under Sec. 1611 of Title XVI of the Social Security Act 42USC(7)XVI§1382(E)(1)(G-I).
At the time of trial, California’s correctional facilities held some 156,000 persons. This is nearly
double the number that California’s prisons were designed to hold, and California has been
ordered to reduce its prison population to 137.5% of design capacity. By the three-judge court’s
own estimate, the required population reduction could be as high as 46,000 persons. Although
the State has reduced the population by at least 9,000 persons during the pendency of this appeal,
this means a further reduction of 37,000 persons could be required. For years the medical and
mental health care provided by California’s prisons has fallen short of minimum constitutional
$674 SSI for three years without COLA was a random number of the beast. Penalties for Fraud.
Reporting. Sec. 1632 of Title XVI of the Social Security Act 42USC(7)XVI§1383a(a) fines and
up to 5 years.
78
Edmund G. Brown Jr. Governor of California, et al v. Marciana & Plata et al No. 09–1233
May 23, 2011
79
The Blakely v. Washington No. 02-1632 decision of 24 June 2004 shortly after the ABA
Kennedy Commission of 2003 found that the US has the highest rate of incarceration in the
world, abolished mandatory minimum sentencing.
32
requirements and has failed to meet prisoners’ basic health needs. The overcrowding is the
“primary cause of the violation of a Federal right” 18USCII(229)(C)§3626 (a)(3)(E)(i),
specifically the severe and unlawful mistreatment of prisoners through grossly inadequate
provision of medical and mental health care.
Photo: Overcrowded Correctional Facility
Source: Brown v. Marciana & Plata (2011)
California’s prisons are designed to house a population just under 80,000, but at the time of the
three judge court’s decision the population was almost double that. The State’s prisons had
operated at around 200% of design capacity for at least 11 years. Prisoners are crammed into
spaces neither designed nor intended to house inmates. As many as 200 prisoners may live in a
gymnasium, monitored by as few as two or three correctional officers. As many as 54 prisoners
may share a single toilet. The Corrections Independent Review Panel, a body appointed by the
Governor and composed of correctional consultants and representatives from state agencies,
concluded that California’s prisons are “‘severely overcrowded, imperiling the safety of both
correctional employees and inmates. California prison system had the 13th lowest average
mortality rate of all 50 state systems. California had the 14th lowest average annual illness
mortality rate per 100,000 state prisoners from 2001 to 2004. In 2006, then-Governor
Schwarzenegger declared a state of emergency in the prisons, as ‘immediate action is necessary
to prevent death and harm caused by California’s severe prison overcrowding. The consequences
of overcrowding identified include “increased, substantial risk for transmission of infectious
33
illness” and a suicide rate “approaching an average of one per week. In 2006, the suicide rate in
California’s prisons was nearly 80% higher than the national average for prison populations; and
a court appointed Special Master found that 72.1% of suicides involved “some measure of
inadequate assessment, treatment, or intervention, and were therefore most probably foreseeable
and/or preventable” 80.
At the time of trial, vacancy rates for medical and mental health staff ranged as high as 20% for
surgeons, 25% for physicians, 39% for nurse practitioners, and 54.1% for psychiatrists. Prisons
have backlogs of up to 700 prisoners waiting to see a doctor. A review of referrals for urgent
specialty care at one prison revealed that only 105 of 316 pending referrals had a scheduled
appointment, and only 2 had an appointment scheduled to occur within 14 days. Urgent specialty
referrals at one prison had been pending for six months to a year. A medical expert described
living quarters in converted gymnasiums or dayrooms, where large numbers of prisoners may
share just a few toilets and showers, as breeding grounds for disease. Both legal and medical
malpractice insurers are liable for the negligence of the medical profession to treat State
prisoners and the negligence of the legal profession that caused the prison overcrowding.
The effects of overcrowding are particularly acute in the prisons’ reception centers, intake areas
that process 140,000 new or returning prisoners every year. Crowding in these areas runs as high
as 300% of design capacity. Living conditions are toxic and a lack of treatment space impedes
efforts to identify inmate medical or mental health needs and provide even rudimentary care. The
former warden of San Quentin reported that doctors in that prison’s reception center were unable
to keep up with physicals or provide any kind of chronic care follow-up. Inmates spend long
periods of time in these areas awaiting transfer to the general population. Some prisoners are
held in the reception centers for their entire period of incarceration. The Court cannot ignore the
political and fiscal reality behind this case. California’s Legislature has not been willing or able
to allocate the resources necessary to meet this crisis absent a reduction in overcrowding. There
is no reason to believe it will begin to do so now, when the State of California is facing an
unprecedented budgetary shortfall. Washington’s former secretary of corrections testified that
his State had implemented population reduction methods, including parole reform and expansion
of good time credits, without any deleterious effect on crime. However recidivism is common
amongst released offenders, more than half of whom are rearrested for a crime within three years
of being released. For instance, during an18-month period, the Philadelphia police rearrested
thousands of these prisoners for committing 9,732 new crimes. Those defendants were charged
with 79 murders, 90 rapes, 1,113 assaults, 959 robberies, 701 burglaries, and 2,748 thefts, not to
mention thousands of drug offenses.
80
A former head of correctional systems in Washington State, Maine, and Pennsylvania testified
that a 130% limit would give prison officials and staff the ability to provide the necessary
programs and services for California’s prisoners. A former executive director of the Texas
prisons testified that a limit of 130% was “realistic and appropriate” and would “ensure that
prisons are safe and provide legally required services. And a former acting secretary of the
California prisons agreed with a 130% limit with the caveat that a 130% limit might prove
inadequate in some older facilities.
34
In 2005 California had a total prison population of 246,317 - 164,179 in state prison, 82,138 in
local jail for a total of 682 prisoners per 100,000 residents. This is 156,025 detainees over the
legal limit of 250 detainees per 100,000 general population81. California’s prison population has
increased by 750 percent since the mid-1970’s. From 1970 to 2005, the Nation’s prison
population increased by 700 percent. From 1992 to 2009, the violent crime rate in California per
100,000 residents fell from 1,119.7 to 472.0 a decrease of 57.8 percent82. The release of 40,000
prisoners creates a demand for 1,600, 5 bed halfway houses. California should be relieved that
they may allow medical marijuana as an alternative to harder drugs, alcohol, violence and
quackery. Halfway house staff should be able to prescribe marijuana without having to wait
months for a doctor. With the help of medical marijuana California should not suffer the
recidivism evident in repressive releases of the past. It is imperative that the more marginal
offenders, who would be otherwise homeless and those suffering mental health and medical
problems be professionally cared for by social workers and probation and parole officers in the
forum of the halfway house. This is made more expensive by the California's overcrowding
problem. It is not yet a matter of selling a 6,250 bed prison and buying 250, 25 bed houses. The
money for halfway houses must come from elsewhere. Although the prison guards have freed
their favorite good time prisoners the mentally and physically challenged are waiting for their
Social Security benefits to purchase group homes. Expanding such community-based measures
may require an expenditure of resources by the State to fund new programs or expand existing
ones. The State complains that the order therefore requires it to divert savings that will be
achieved by reducing the prison population and that setting budgetary priorities in this manner is
a severe, unlawful intrusion on the State authority. The order does not require the State to use
any particular approach to reduce its prison population or allocate its resources. SSI is the
logical source of financing that can capitalize upon the functional literacy of those released under
18USCII(229)(C)§3624(f)(3).
Martinez et al v. Astrue No. Cal. No 08-CV-48735-CW of August 11, 2009, led to the passage
of No Social Security Benefits for Prisoners Act of 2009, Public Law 111-115 which reinforced
the prohibition of retroactive payments to individuals during periods for which such individuals
are prisoners, probation or parole violators, or fugitive felons written in Eligibility for SSI
Benefits in Sec. 1611 of Title XVI of the Social Security Act 42USC(7)XVI§1382(E)(1)(A) and
OASDI in Sec. 202 of Title II of the Social Security Act 42USC(7)II§402(x)(1)(a). Eligibility for
SSI Benefits may however continue while a person is detained in public institution if such person
needs to continue to maintain and provide for the expenses of the home or living arrangement to
which he or she may return upon leaving the institution or facility, usually for a period not to
exceed 3 months under Sec. 1611 of Title XVI of the Social Security Act 42USC(7)XVI§1382
(E)(1)(G). The Commissioner has proven himself a remorseless prosecutor. When an individual
is released from a public institution they are due the reinstatement of their benefits and if their
conviction is ultimately overturned back payments to the date their social security benefits were
81
Sanders, Tony J. Book 6 Judicial Delinquency (JD). Summary. Hospitals & Asylums
Public Safety, Public Spending: Forecasting America’s Prison Population 2007–2011, 19 Fed.
Sent. Rep. 234, 234 (2007)
82
35
terminated under Bloom v. Social Security Administration (10th Cir.) No. 02-3362 (2003)83. The
Commissioner of Social Security has been ordered to develop a Pre-release procedure for
institutionalized persons under which an individual can apply for supplemental security income
benefits prior to the discharge or release of the individual from a public institution under Sec.
1631 of Title XVI of the Social Security Act 42USC(7)XVI§1383(m).
Released prisoners who meet guidelines pertaining to income of less than $674 a month and
resource guidelines of less than $2,000 must be either given the paperwork to file for SSI or be
automatically filed. Because of the medical negligence evident in California prisons the burden
of proving disability shall be lightened to show that they have been unable to earn a substantial
gainful income outside of prison for a period of 12 months. It is hoped that the release will be
conducted in an orderly fashion and corrections officers will expedite applications for SSI in
their monthly reports to the Social Security Administration under Sec. 1611 of Title XVI of the
Social Security Act 42USC(7)XVI§1382 (E)(1)(H)(I)(i)(I) when the date of release has been
finally determined. The majority of prisoners should receive SSI the first month they are
released. This time the US will be fair, the US will pay benefits, in return persons receiving
benefits will be expected to uphold the law and abide by any terms of probation imposed upon
their release under 18USC(227)§3563. In the case of any individual whose benefits are paid to a
representative payee because of a drug and alcohol problem rendering them incapable of
managing their benefits makes it in their best interest, the Commissioner shall refer such
individual to the appropriate State agency administering the State plan for substance abuse
treatment services approved under Sec. 1636 of Title XVI of the Social Security Act
42USC(7)(XVI)(B)§1383e. SSA feels that Probation has enough authority to collect rent from
people staying in community based correctional facilities under 18USC(227)§3563(b)(11).
Table 7: State by State Detention, Need and Cost Estimate for Halfway Houses
Correction
Agency
Total
Prison
Pop. in
2005
US Military
Federal
Alabama
Alaska
Arizona
Arkansas
25,000
179,220
40,561
4,678
47,974
18,693
State
Prison
Pop.
N/a
25,418
4,613
32,495
12,568
Local Jail
per
Executions
Population 00,000 since 1976
N/a
15,143
65
15,479
6,125
58
890
705
808
673
0 yes
3
34
0
22
27
Estimated
Need for
Community
Beds/Houses
Estimated
Cost to SSI
$700 mo./
$8,400 year
(Millions)
29,168/1,167
3,019/120
33,131/1,325
11,749/470
20.4/245
2.1/25.2
23.2/278.3
8.3/99.1
83
Art. 14(6) of the International Covenant on Civil and Political Rights 23 March 1976 provides,
When a person’s conviction has been reversed or he has been pardoned on the ground that a new
or newly discovered fact shows conclusively that there has been a miscarriage of justice, the
person who has suffered punishment as a result of such conviction shall be compensated
according to law, unless it is proved that the non-disclosure of the unknown fact in time is
wholly or partly attributable to him.
36
California
Colorado
Connecticut
Delaware
District of
Columbia
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New
Hampshire
New Jersey
New Mexico
New York
North
Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South
Carolina
South Dakota
Tennessee
Texas
246,317
33,955
19,087
6,916
3,552
164,179
20,317
N/a
N/a
N/a
82,138
13,638
N/a
N/a
N/a
682
728
544
820
645
11
1
1
14
0
156,025/6,241
22,295/892
10,315/413
4,808/192
2,175/87
109.2/1,310.4
15.6/187.3
7.2/86.6
3.4/40.3
1.5/18.3
148,521
92,647
5,705
11,206
64,735
39,959
12,215
15,972
30,034
51,458
3,608
35,601
22,778
67,132
15,422
27,902
41,461
4,923
7,406
18,265
4,184
84,901
47,682
N/a
7,419
44,669
22,392
8,578
9,068
13,273
19,591
2,063
23,215
10,159
49,014
8,399
16,480
31,000
2,658
4,308
11,155
2,456
63,620
44,965
N/a
3,787
20,066
17,567
3,637
6,904
16,761
31,867
1,545
12,386
12,619
18,118
7,023
11,422
10,461
2,265
3,098
7,110
1,728
835
1,021
447
784
507
637
412
582
720
1,138
273
636
356
663
300
955
715
526
421
756
319
60
39
0
1
12
16
0
0 yes
2
27
0
5
0
0
0
6
66
2
3
11
0
104,054/4,162
69,962/2,799
2,614/101
7,633/305
32,814/1,313
24,277/971
4,803/192
9,111/365
19,605/784
40,154/1,606
303/12
21,606/864
6,782/271
41,818/1,673
2,570/102
20,597/824
26,964/1,079
2,583/103
3,008/120
12,225/489
905/36
72.9/874.4
48.9/587.2
1.8/21.8
5.3/64.1
23/275.5
17/204
3.4/40.3
6.4/76.4
13.7/164.6
28.1/337.7
0.2/2.4
15.1/181.2
4.8/57.1
33.2/398.4
1.8/21.8
14.4/172.8
18.8/226
1.8/21.8
2.1/25.2
8.5/102.5
0.6/7.6
46,411
15,081
92,769
53,854
28,790
6,567
63,234
36,683
17,621
8,514
29,535
17,171
532
782
482
620
0 yes
1
0 yes
39
24,601/984
10,260/410
44,652/1,786
32,139/1,286
17.2/206.6
7.2/86.2
31.3/375.5
22.5/269.6
2,288
65,123
32,593
19,318
75,507
3,364
35,298
1,344
44,270
23,008
12,769
41,052
N/a
23,072
944
19,853
9,585
6,549
34,455
N/a
12,226
359
559
919
531
607
313
830
0
19
79
2
3
0 yes
35
695/28
35,998/1,440
23,727/949
10,223/409
44,409/1,776
677/27
24,666/987
0.5/5.8
25.2/302.4
16.6/199.3
7.2/85.9
31.1/373
0.47/5.7
17.3/207.2
4,827
43,678
223,195
3,395
19,445
156,661
1,432
24,233
66,534
622
732
976
0 yes
1
355
2,887/115
28,761/1,150
166,024/6,641
2/24
20.1/241.9
116.2/1,394
37
Utah
11,514
4,775
Vermont
1,975
N/a
Virginia
57,444
31,020
Washington
29,225
16,532
West Virginia
8,043
3,966
Wisconsin
36,154
21,850
Wyoming
3,515
1,964
US Totals
2,193,798 1,259,905
6,739
N/a
26,424
12,693
4,077
14,304
1,551
747,529
466
317
759
465
443
653
690
737
6
5,337/214
3.7/44.8
0
417/17
0.3/3.5
94
38,523/1,541
26.9/322.8
4
13,512/541
9.5/114
0
3,504/140
2.5/29.4
0
22,313/893
15.6/187.4
1
2,242/90
1.6/18.8
1002 as of
1,449,633/
1,050/12,600
6 Dec.
57,985
2005
Source: Sanders, Tony J. Book 6 Judicial Delinquency (JD). Fig. 6.3 pp.866-868
California is a demonstration project for establishing an SSI financed halfway house system
around the nation and to keep the nation posted on the experience the Commissioner should send
a report to the Ways and Means Committee under Sec. 234 of Title II of the Social Security Act
42USC(7)II§432. California’s medical marijuana laws may help to ease the transition and many
released offenders will be able to enjoy life, without hard drugs, or breaking the law. State
Sherriff's auctions should be able to provide real estate at no or little cost for use as non-profit
halfway houses. Staff, utilities and taxes could be afforded with the deduction of $500 a month
from mentally or physically disabled Social Security beneficiaries making no less than $700, , or
more if they made significant contributions. Released prisoners would also be eligible for $170
or so in food stamps. Making $400-$500 a month per resident a supervised halfway house/group
home could earn $2,000-$2,500 a month caring for 5 residents. As apartment buildings are in
demand and small and medium size homes are foreclosed left and right it would probably be
easier to get smaller homes of two to four bedrooms, for free from Sheriff's auctions, or
purchased with back pay and pay for professional supervision corporations in lieu of rent, in an
ad hoc $400-$500 fashion. An S corporation of three to five could provide 24-hour supervision
to halfway houses with 10-25 residents, and command taxable incomes of $2,500 a month, work
reasonable hours and afford their own home, with profits from $12,500 a month. If this program
were implemented nationwide in one year it would cost SSI an estimated $12.6-$13 billion at the
$700 a month rate. However if done slowly, over the course of a decade, would cost only $1.3
billion in extra SSI costs annually. The cost of settling 40,000 detainees released from California
is estimated to be $28 million a month or $336 million a year. With 1.1 million applications
approved out of 2.4 million applications and 7.7 million SSI beneficiaries in 2010 expedited
benefits for released detainees would only increase costs about 7% if done gradually or 26% if
all drug offenders and non-dangerous offenders were released all at once84.
Act. IV Non-discrimination of Age, Disability, Gender, Race and National Origin
A civil right is an enforceable right or privilege for an individual, which if interfered with by
another gives rise to an action for injury. Examples of civil rights are freedom of speech, press,
assembly, the right to vote, freedom from slavery and involuntary servitude, and the right to
84
Astrue, M.J. Annual Report of the Supplemental Security Income Program. Social Security
Administration. 2011
38
equality in public places. Discrimination occurs when the civil rights of an individual are denied
or interfered with because of their membership in a particular group or class. Statutes have been
enacted to prevent discrimination based on a person’s race, gender, religion, age, previous
condition of servitude, disability, national origin and in some instances sexual preference85. The
Social Security Administration (SSA) needs to produce an authentic, non-academic, Annual
Statistical Supplement, of all their beneficiaries by race, sex and national origin. SSA numbers
should suffice to determine national origin and the paperwork takes into consideration age, race,
sex and disability. New questions can survey religion. The President needs to approve statistical
surveys of the number of beneficiaries and benefit amount to ensure non-discrimination against
beneficiaries of Federal Assistance Programs on the basis of age, race, sex, disability, religion or
national origin under Title VI of the Civil Rights Act of 1964 42USC(21)V§2000d-1.
Table 8: Annual Random Survey of 3.6 Million Beneficiaries by Age, Race and Sex 2009
All
Male
Female All Races
White
Black
Other
1,182
1,366
974
1,182
1,229
1,073
964
Average
Benefit of
Retired
Workers
1,120
1,255
963
1,120
1,180
1,014
963
Average
Benefit of
Disabled
Workers
246,045
346,463
Number of 2,739,966 1,452,329 1,287,637 2,739,966 2,147,458
Retired
Workers
521,424
449,272
970,696
655,392
173,181
136,536
Number of 970,696
Disabled
Workers
37
10
6 million
157
Actual
Actual
Actual
FICA
million
million
Number of
Number
Number
Taxpayers
Retired
of
of
Workers
Disabled
Survivors
Workers
Source: Annual Statistical Supplement, 2010. February 2011 is a purely academic survey of race,
gender or average price, Actual Statistics come from the 2011 Annual Report of the Trustees86
The Social Security Act contains no provisions regarding discrimination. White male
breadwinners best describe the phenomenon of discrimination in social security programs as
conviction for subversive activities under Title II §202(u)(1) of the Social Security Act
42USC(7)II§402 (u)(1)(A) in terms of chapter 37 (relating to espionage and censorship), chapter
105 (relating to sabotage), or chapter 115 (relating to treason, sedition, and subversive activities)
85
86
Section 261A of Book 6: Judicial Delinquency (JD). Hospitals & Asylums. pp. 931-933
Wallace, Diane. Annual Statistical Supplement, 2010. February 2011 [email protected]
39
of title 18 of the United States Code. Discrimination and misconduct that occurs in the Social
Security programs is usually provoked by military sources. One relation (evil-stepfather)
between these civilian applications of the Uniform Code of Military Justice and civil rights is
that there is a death penalty for both the civil rights offenses of conspiracy against rights and
deprivation of rights complicated by kidnapping and association with “the base”87. The problem
is that freely associating people, authors and publishers, are punished for the war crimes of the
people, namely the domestic al-Qaeda (the base) operatives they convict for domestic abuse.
SSA does not seem to be compromised by the judiciary. The law pertaining to the non-payment
of prisoners is clean. The Bill of Rights was written by James Madison to make amends for the
Alien and Sedition Act of 1800 after President Jefferson repaid the fines on the grounds they
were unconstitutional88. New York Times v. Sullivan 376 U.S. 254 (1964), that reviewed the
incarceration of Rev. Dr. Martin Luther King held, that a journalist cannot be found guilty of
libel for criticizing government officials unless the officials prove that the statements were
purposefully malicious. Public discussion is a political duty; and that this should be a
fundamental principle of the American government. Order cannot be secured merely through
fear of punishment for its infraction; it is hazardous to discourage thought, hope and imagination;
fear breeds repression; that repression breeds hate; that hate menaces stable government. The
path of safety lies in the opportunity to discuss freely supposed grievances and proposed
remedies; and the fitting remedy for evil counsels is good ones.
Severer punishments for crimes were imposed on the slave than on free persons guilty of the
same offenses and continue to be imposed on racial minorities committing the same crime as
whites. Congress, by the civil rights bill of 1866, passed in view of the thirteenth amendment,
before the fourteenth was adopted, undertook to wipe out these burdens and disabilities,
incidental to slavery, and to secure to all citizens of every race and color, and without regard to
previous servitude, those fundamental rights which are the essence of civil freedom, namely, the
same right to make and enforce contracts, to sue, be parties, give evidence, and to inherit,
purchase, lease, sell, and convey property, as is enjoyed by white citizens. In 1868 the 14th
Amendment was passed to counter the "black codes" and ensure that no state "shall make or
enforce any law which shall abridge the privileges or immunities of the citizens of the United
States or deprive any person of life, liberty, or property without due process of law, or deny to
87
Armed Forces Retirement Home v. M.B HA-6-2-11 The offensive evil-step father who once
abolished the death penalty for conspiracy against rights 18USC(13)§241 and deprivation of
rights 18USC(13)§241 under color of law, is back to repeal the death penalty from sedition,
treason, espionage, censorship, and chemical weapons statute pertaining to offenses that
somehow precipitated the termination of my SSI benefits within a week of negotiating his
admission with the Inspector General under 24USC(10)(I)412 (b). Civil rights will have to be
redone Even a psychiatric rapist and child molester, unschooled in the laws pertaining to
adultery, of the breed who precipitated a 50% decline in American Jewish population from 6 to 3
million, might be welcome in the Retirement Home if he were not married to an unqualified
individual and had the recommendation of at least one of the three children he abducted and kept
in psychiatric custody throughout their teenage years.
88
Art. 2 Freedom of the Press HA-25-1-10
40
any person within its jurisdiction the equal protection of the laws”89. Racial and sexual
disparities are particularly evident in state and federal prison. In 2007 7% of all inmates were
women. In the 25-29 age group, 8.1% of black men - about one in 13 – were behind bars,
compared with 2.6% of Hispanic men and 1.1% of white men90. SSA may be equally
discriminatory although their local offices are heavily staffed with women and minorities. State
welfare program have exhibited much higher rates of sanctions for non-compliance with program
rules amongst racial minorities, especially African Americans who have been previously
sanctioned91.
The Civil Rights Act of 1875 passed March 1, 1875, entitled all persons within the jurisdiction of
the United States to the full and equal enjoyment of the accommodations, advantages, facilities,
and privileges of inns, public conveyances on land or water, theaters, and other places of public
amusement; subject only to the conditions and limitations established by law, and applicable
alike to citizens of every race and color, regardless of any previous condition of servitude. The
Act was overruled and voided in the Civil Rights Cases 109 U.S. 3 (1883) that found that the
equal protection of the law does not extend to the individual or private society, heralding the Jim
Crow era that lasted until the Civil Rights Act of 1957. The new act established a Civil Rights
Section of the Justice Department and empowered federal prosecutors to obtain court injunctions
against interference with the right to vote. It also established a federal Civil Rights Commission
with authority to investigate discriminatory conditions and recommend corrective
measures92. The Civil Rights Act of 2 July 1964 PL 88-352, is codified, as amended, at 42 USC
Chapter 21 §1981 - §2000h to enforce the constitutional right to vote, to confer jurisdiction upon
the district courts of the United States to provide injunctive relief against discrimination in public
accommodations, to authorize the Attorney General to institute suits to protect constitutional
rights in public facilities and public education, to extend the Commission on Civil Rights, to
prevent discrimination in federally assisted programs, to establish a Commission on Equal
Employment Opportunity, and for other purposes. The Civil Rights Act of 21 November 1991
(Pub. L. 102-166) amended the Civil Rights Act of 1964 to strengthen and improve Federal civil
rights laws, to provide for damages in cases of intentional employment discrimination, to clarify
provisions regarding disparate impact actions, and for other purposes. The Criminal Provisions
pertaining to Civil Rights violations are codified at Title 18 of the United States Code Chapter 13
and of particular significance to Federal Assistance Programs is the fine and one year sentence
for the deprivation of relief benefits under 18USC(13)§246.
89
HA found that the XIV Amendment needs to be repealed in its entirety after Section 2 counts
“the whole number of Persons in each State” revising Article 71 of the Constitution of Hospitals
& Asylums Non-Governmental Economy (CHANGE)
90
Section 261A(d) Book 6 Judicial Delinquency (JD) Pp.865-866
91
Schram, Sanford F.; Soss, Joe; Fording, Richard C.; Houser, Linda. Deciding to Discipline:
Race, Choice and Punishment at the Frontlines of Welfare Reform. American Sociological
Review 2009 Vol. 74 (June: 398-422) [email protected]
92
U.S. Commission on Civil Rights (for the prosecution of independents)
[email protected]
41
The 15th Amendment of 3 February 1870 permanent guarantees that, throughout the nation, no
person shall be denied the right to vote on account of race or color and assigns federal observers
to oversee the conduct of elections, that took nearly a century to implement. Literacy tests and
other poll taxes were abolished in the 24th Amendment of 23 January 1964. The Voting Rights
Act, adopted initially in 1965 and extended in 1970, 1975, and 1982, is generally considered the
most successful piece of civil rights legislation ever adopted by the United States Congress, to
the death of Corretta Scott King (1927-2006)93. The Democratic and Republican (DR) two party
system has not achieved the 66% voter participation needed as a quorum for democracy since
1900 and is generally considered a public health hazard. It is better for the health not to vote, or
even register, for any but independent candidates who are not lawyers94. Nor does SSA facilitate
its beneficiaries to vote or associate in unions although that could be a lot more fun. SSA could
achieve a higher state of political development if the Commissioner were elected every two years
by a vote of the beneficiaries. What President or Senate could deny such a nominee under
Section 702 of Title VII the Social Security Act 42USC(7)VII§902(a)(3). Social development
would be accelerated with the accommodation of an abolishable beneficiary union, in every
district office, for beneficiaries to volunteer to assist other beneficiaries and people whose
applications have been denied by SSA, to redress their grievances, without exposing their
residential addresses95.
The women’s suffrage movement was successful in securing their voting rights in the 19th
Amendment of 18 August 1920. Women had waged a long and often bitter struggle to win
voting rights. During the Civil War in the North Dr, Elizabeth Blackwell , the first woman in the
United States to receive a medical degree, pioneered in the training of Army nurses. They
marched and picketed and went on hunger strikes. Often they were arrested and jailed. Thanks
to their efforts, an amendment to the Constitution was introduced in Congress in 1878, it said,
“The right of citizens of the United States to vote shall not be denied or abridged by the United
States or by any State on account of sex. The amendment was defeated. An equal suffrage
amendment was reintroduced in every session of Congress for the next 40 years. In 1869 the
same year that Susan B. Anthony and Elizabeth Cady Stanton founded the National Woman
Suffrage Association, the territory of Wyoming gave women the right to vote. The women of
Wyoming thus became the first women in the world legally permitted to cast ballots in
government elections. Colorado, in 1893, became the second state to grant women’s suffrage.
Utah, which became a state in 1896 under a constitution that granted voting rights to women,
was the third. Idaho also enfranchised women in 1896. Several other western states followed in
turn, but almost two decades passed before women in any of the eastern states were able to vote.
Between 1910 and 1914 the states of Washington, California, Oregon, Arizona, Kansas,
Montana, Nevada, Illinois, and the territory of Alaska passed legislation granting women’s
suffrage. Jeannette Rankin of Montana, who, when elected to the House of Representatives in
1916, became the first female member of Congress, introduced a suffrage amendment to the
93
Sanders, Tony J. Civil Rights Act. Hospitals & Asylums HA-27-1-06
Sanders, Tony J. American Popular Election: The United States has not had a Quorum for
Democracy since 1900. Hospitals & Asylums HA-29-10-10
95
Sanders, Tony J. Mission Statement of the Social Security Administration Beneficiary Union
Hospitals & Asylums HA-18-11-10
94
42
floor of the House. The final vote was 274 in favor of the amendment, 136 opposed. Not until
1918 did the House of Representatives approve it. After a year and half the Senate passed the
amendment in 1919 and sent it to the states for approval. The Nineteenth Amendment to the
Constitution, was enacted, on August 26, 192096.
In 1890 there were about 4 million women employed outside the home. By 1900 the number had
risen to 5.3 million and by 1910 to 7.4 million. The biggest percentage of working women were
still those employed in private homes as maids, cooks, and laundresses. Large numbers of
women were also employed as farm laborers, teachers, nurses and salesclerks. 41 In 1870 there
were only seven women stenographers. By 1900 there were 200,000 women office workers and
by 1930 some 2 million. The typewriter, first produced in large quantities during the 1879s
helped to cause the revolution. The operation of the typewriter was looked upon as women’s
work. When other office machines were invented, women were employed to run them. When it
came to factory work, great numbers of women were employed in the garment trades. In 1912
the Progressive Party called for labor reforms that included an eight hour day, a six day
workweek and an end to child labor under the age of 16. As industrial workers women were
offered only low paying unskilled jobs. During the World Wars women were called upon to
replace men in the workforce but when the men were discharged they had to give up their good
paying highly skilled industrial jobs and return to their traditional forms of work. Women
rejoined the workforce but continue to face discrimination in pay. In 1950, women earned, on
average, 65 percent of what men earned. By 1960, the amount had fallen to 60 percent97. NOW ,
(National Organization for Women), says, the Social Security system is guilty of sex
discrimination by providing payments to women that amount to less than 60 percent of what men
average. In 1940, 28 percent of woman were employed, by 1990, the number had jumped to
almost 60 percent. But there is still a yawning gap in salaries between men and women. As of
the early 1990s, according to the Bureau of Labor Statistics, the average woman earned 71 cents
for every dollar a man earned. In 1991 a startling 46 percent of all families headed by single
mothers lived below the poverty line98.
Legal immigration increased after World War II to around 300,000 persons per year and
remained around that level until shortly after 1960. With the Immigration Act of 1965 and other
related changes, annual legal immigration increased to about 400,000 and remained fairly stable
Sullivan, George. The Day the Women got the Vote: A Photo History of the Women’s Rights
Movement. Scholastic Inc. New York. 1994
97
Sullivan ’94 pp. 41, 43, 44, 61, 87 and 88
98
In the House of Representatives in 1992, the number of women increased by 68 percent, or 19
seats. However, in actual number, women in Congress are still a very distinct minority. The
One-hundred –third Congress convened in January 1993 the number of women increased by 68
percent, or 19 seats. However, in actual numbers, women in Congress are still a very distinct
minority, only 6 of the 100 seats in the Senate and 48 of the 435 seats in the House. 83 While
other nations have had female leaders, such as Indira Candhi (India), Golda Meir (Israel),
Corazon Aquino (The Philippines, Margaret Thatcher (Great Britain) and Benazir Bhutto
(Pakistan) the Speaker of the House is the highest women have risen in the U.S.
96
43
until 1977. Between 1977 and 1990, legal immigration once again increased, averaging about
580,0001 per year. The Immigration Act of 1990, which took effect in fiscal year 1992,
restructured the immigration categories and increased significantly the number of immigrants
who may legally enter the United States. Legal immigration averaged about 780,0001 persons
per year during the period 1992 through 1999. Legal immigration increased to about 900,000 in
2000 and about 1,060,000 in 2001 reflecting primarily an increase in the number of persons
granted LPR status as immediate relatives of U.S. citizens, the only category of legal
immigration that is not numerically limited. However, legal immigration declined to less than
800,000 by 2003 as the number of pending applications increased. From 2003 to 2006, legal
immigration increased until it reached about 1,200,000 for 2005 and 2006. For 2007 through
2009, legal immigration decreased to about 1,100,000. Legal immigration in excess of 1,000,000
reflects the concerted effort in recent years to reduce the backlog of pending applications for
LPR status. For the intermediate alternative, the Department of Homeland Security is expected to
continue to reduce the backlog of pending applications, and legal immigration is assumed to be
about 1,100,000 persons in 2010, 1,050,000 in 2011, and 1,000,000 persons per year thereafter.
The annual number of other emigrants who leave the Social Security area is projected to average
665,000 through the 75-year projection period.
Table 9: Immigration 2000-2010
Year
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
Net Legal
Immigration
Net Other
Immigration
Estimated
Number of
Undocumented
Residents
670,000
610,000
8,900,000
795,000
610,000
9,510,000
730,000
610,000
10,120,000
575,000
615,000
10,735,000
750,000
615,000
11,350,000
870,000
1,015,000
12,365,000
910,000
675,000
13,050,000
800,000
-20,000
13,030,000
835,000
-800,000
12,230,000
850,000
-10,000
12,240,000
825,000
-5,000
12,235,000
Source: OASDI Trustee Report 2011 Table V.A.1 pp. 85
The number of undocumented immigrants residing in the Social Security area population is
estimated to have been about 8.9 million persons as of January 1, 2000, increasing to about 13.5
million persons as of January 1, 2007. During the recession, the other-immigrant population is
estimated to have decreased and reached a level of 12.6 million persons as of January 1, 2009.
Annual other immigration for 2009 and 2010 is estimated to have been 1.0 million persons. Due
to the recent recession, these levels are significantly lower than those estimated during the period
2000 through 2006. Under the intermediate assumptions, annual other immigration would be 1.1
million in 2011, and would increase until 2015 to the ultimate level of 1.5 million persons. For
44
the low- and high-cost scenarios, the future ultimate annual other immigration is assumed to be
1.8 million persons and 1.2 million persons, respectively99. The net other immigration has
declined from 2007-2010 for two reasons. One, the step-up of deportations to remove
undocumented aliens and two, more importantly the economic recession has driven many to
emigrate to nations that know how to read, write and do arithmetic.
The primary reason given by aliens residing in the United States for their undocumented status is
the high price, exceeding $2,500, to apply for work visa, under 8USC(12)(II)(III)§1202 with no
guarantee of actually getting the visa or their money back, exceeds the ability of low income
workers to pay. Canada reduced the price of their work visa to $500 in 2007. To be competitive
and pro-active about documenting the estimated 13 million illegal aliens it is highly
recommended that U.S. Citizenship and Immigration (USCIS) reduce the price of a work visa to
$500, $1,000 to register long time undocumented migrant workers and family members of
migrant workers. To make this fee fair, employees shall have only to document that the
immigrant or prospective immigrant has secured employment with them in the United States,
whereupon they could enter the country on a work visa, or be promoted from tourist to worker
visa and pay $500 to $1,000 maximum fee, to be included in the 30% withholding of income tax
on the wages of nonresident aliens under 26USC(A)(3)(A)§1441100.
After January 2004, to receive benefits from SSA, an individual must first become legally
authorized to work in the United States. Once legally authorized, both legally and illegally
earned wages may be used to determine benefit eligibility. The SSI Extension for Elderly and
Disabled Refugees Act (P.L. 110-328), signed into law on September 30, 2008, temporarily
extended the seven-year SSI eligibility period for refugees, asylees, and certain other
humanitarian immigrants from seven to nine years during the period October 1, 2008, through
September 30, 2011. The extension was only applicable in situations where the recipient signed a
statement of intent to pursue citizenship. SSA also pays retirement, survivor and disability
benefits to over 420,000 people (about 1 percent of total) who are live for more than a month in a
foreign country. In Fiscal Year (FY) 2004, these individuals received approximately $2.5 billion
in benefit payments, 0.5% of a total of approximately $490 billion paid under the Social Security
program. This is a population that bears scrutiny101. SSI beneficiaries are not permitted to leave
the country102. DI and OASI beneficiaries must report to the U.S. consulate in their country of
residence. In 2003 around 12% of near retirees (e.g. the general population) were foreign born,
6% of these were white, 7% were black, 77% were Asian and 48% were Hispanic. It can be
estimated that around 12% of beneficiaries are foreign born. In 2003 median annualized payouts
of immigrants was 15-31% lower than those of the native-born, around $2,500 less, although the
99
Goss, Stephen C. The 2001 Annual Report of the Board of Trustees of the Federal-Old Age
and Survivors Insurance and Federal Disability Insurance Trust Funds. May 13, 2011
100
Art. 4 Customs House Act , St. Elizabeth (CHAStE). Hospitals & Asylums HA-26-2-11
101
O’Carroll, Patrick P. Inspector General of the Social Security Administration. Social Security
Number High-Risk Issues. Statement for the Record. Committee on Ways and Means.
Subcommittee on Social Security. March 2, 2006
102
Suspension of Payments to Individuals who are Outside of the United States Section
1611(f)(1) of the Social Security Act 42USC(7)§1382(f)(1)
45
shortfall in lifetime contributions is generally only around 8-14% less. Payout is highest for
whites because they have the highest median indexed taxable earnings and because they live
longer on average than most other race/ethnic subgroups. A larger percentage of immigrants
have earnings insufficient for any benefits, although immigrants who enter the nation before age
23 usually have equal earnings at retirement103.
The exclusion of agricultural and domestic workers from the early program was due to
considerations of administrative feasibility involving tax-collection procedures created a bias
against women and African Americans. In order to make a national program of old-age benefits
palatable to powerful Southern congressional barons, the Roosevelt administration acceded to a
Southern amendment excluding agricultural and domestic employees from OAI coverage. The
1930 US Census reports 65 percent of the African American workforce and 27 percent of the
white workforce were excluded from coverage104. Today the number of beneficiaries aged 65 or
older rose from about 33.7 million in 2004 to more than 36.5 million in 2009 (8.3 percent). The
number of beneficiaries aged 85 or older increased at a greater rate during the 5-year period
(17.3 percent), from fewer than 4.4 million in 2004 to more than 5.1 million in 2009. In 2009,
about 49,000 centenarians were receiving Social Security. About 20.7 million women aged 65 or
older received benefits for December 2009. About 8.9 million (43.0 percent) were entitled solely
to a retired-worker benefit. About 6.1 million (29.5 percent) were dually entitled to a retiredworker benefit and a wife's or widow's benefit, and about 5.7 million (27.5 percent) were
receiving wife's or widow's benefits only. Nearly 3.2 million children under age 18 received
benefits, including 1,258,817 children of deceased workers, 1,598,189 children of disabled
workers, and 301,132 children of retired workers. About 8.9 million persons received benefits
based on disability—7,788,013 disabled workers, 920,883 disabled adult children, and
236,480 disabled widows and widowers. In addition, 158,122 spouses and 1,657,713 minor and
student children of disabled workers received benefits. Average monthly benefits for
December 2009 were $1,164 for retired workers, $1,064 for disabled workers, and $1,124 for
nondisabled widows and widowers. Among retired workers, monthly benefits averaged $1,312
for men and $1,011 for women. For disabled workers, average monthly benefits were $1,189 for
men and $925 for women105.
Social Security excels in eliminating discrimination against the aged. Even people without
earnings on record are eligible for SSI when they reach the age of 65. In 33.5 million retired
workers received reduced benefits because of entitlement prior to full retirement age. Relatively
more women (76.4 percent) than men (71.4 percent) received reduced benefits. On average
female retirees make $301 less. Significantly more women over the age of 65, 20.7 million (56.7
percent) received retirement benefits than the 15.8 men over the age of 62 (43.3 percent). In
total women OASI beneficiaries over the age of 65 make $102 million more every month
103
Benjamin, Bridges; Choudhury, Sharmila. Examining Social Security Benefits as a
Retirement Resource for Near-Retirees, by Race, Ethnicity and Nativity and Disability Status.
Social Security Bulletin Vol. 69 No. 1 (2009)
104
Dewitt, Larry. The Decision to Exclude Agricultural and Domestic Workers from the 1935
Social Security Act. Social Security Bulletin Vol. 70 No. 4 (2010)
105
Annual Statistical Supplement. Highlights and Trends. 2010
46
$20,927 million, than men and women under the age of 62 combined, $20,729 million.
Although sexual discrimination may be evident against women in average benefits earned as
retirees this shortfall is more than made up by the relatively longer life expectancy of women. In
regards to young people SSA pays benefits to 3.2 million children under the age of 18. Nearly
15 million children in the United States – 21% of all children – live in families with incomes
below the federal poverty level – $22,050 a year for a family of four106. Social security could do
more for poor children
Table 10: Number and Average Benefit of DI Beneficiaries by Diagnosis December 2009
Diagnostic Group
Number of % of
Beneficiaries Total
7,788,013
100
13,614
0.3
278,565
3.3
Average
Benefit
$1,014.30
793.40
1,010.20
Total
Congenital Anomalies
Endocrine, nutritional, and
metabolic diseases
Infectious and parasitic diseases
119,753
1.4
1,033.50
Injuries
330,708
3.9
1,079.90
Mental disorders
Retardation
358,737
8.9
668.00
Mental Illness
2,220,390
27.5
940.10
Neoplasms
237,589
2.7
1,210.90
Diseases of the—
Blood and blood-forming organs
19,977
0.3
942.60
Circulatory system
683,834
7.9
1,187.70
Digestive system
125,725
1.5
1,114.40
Genitourinary system
132,797
1.5
1,109.30
Musculoskeletal system and
2,146,952
24.9
1,121.20
connective tissue
Nervous system and sense organs
734,496
9.4
1,053.70
Respiratory system
227,385
2.7
1,087.90
Skin and subcutaneous tissue
18,713
0.2
1,020.80
Other
18,030
0.2
1,097.50
Unknown
120,748
3.2
853.10
Source: Table 6: distribution by sex and diagnostic group and Table 7 Average Monthly Benefit
Amount. Annual Statistical Report on the Social Security Disability Insurance Program
December 2009
The Disability Insurance (DI) program discriminates. DI was not passed by Congress until 1956
probably because the DI program is vulnerable to discrimination on the basis of disability and for
as little as the OASDI taxation of workers making over $106,800 (2011), Social Security could
insure a poverty line income for all Americans. Of the 7.78 million disabled workers earning DI
benefits 4.1 million were men earning an average of $1,189 a month and 3.69 million were
106
National Center for Children in Poverty (NCCP)
47
women earning an average benefit of $925. Sexual discrimination is clearly indicated in the DI
program - men make $4.87 billion while women make $3.4 billion a month. There is ample
evidence to indicate both sexual discrimination and discrimination on the basis of diagnosis exist
in the DI program. Social Security does not have any reliable statistics pertinent to the diagnosis
of racial discrimination in their programs107. 27.5 percent of DI benefits go for the mental
illness diagnostic group followed closely by musculoskeletal system and connective tissue
diseases comprising 24.9 percent of beneficiaries. Those with musculoskeletal diseases earned
significantly more on average $1,121.20 than those with a diagnosis of mental illness $940.10.
Cancer was the highest earning diagnostic group with an average benefit of $1,210.90 a month.
Of those who worked the least before becoming disabled and unable to work, those with
congenital abnormalities earned an average of $793.40 and those who were mentally retarded
who earned the equivalent of SSI $668.00 in December 2009108.
To eliminate discrimination on the basis of disability Social Security implemented
Compassionate Allowances in October 2008 to expedite the processing of disability claims for
applicants with medical conditions so severe that their conditions by definition meet Social
Security's standards. There currently are 88 specific diseases and conditions that qualify as a
Compassionate Allowance. In 2011 about 150,000 people will benefit from these fast-track
disability processes. After two years of advocacy by HA to add cardiovascular disease to the
disability quick list on November 9, 2010 the sixth Compassionate Allowances Outreach hearing
in Baltimore, MD at the University of Maryland Baltimore County added cardiovascular disease
to the Disability Quick List. The hearing determined that cardiovascular disease is the leading
cause of death for both men and women in America and that more than 95,000 people are
currently waiting for an organ transplant and nearly 4,000 are added to the waiting list each
month and both of these classes of people are due quick disability determination to get them on
the fast path to recovery with a minimum of bureaucratic negligence and abuse109. It must be
clarified that to be a qualifying disability cardiovascular disease does not first require an organ
transplant, the fact that cardiovascular disease is the leading cause of death in America, that it is
curable with intense dedication to hygiene, antibiotics, vegan diet and cardiovascular exercise
should be sufficient to provide benefits to people who are disabled and unable to work by a heart
attack or chest pain for more than 12 months110. The reluctance to pay for cardiovascular
disease, a modern disease of sedentary clerical workers, may be that the cure is intense physical
exercise, ie. Manual labor. The addition of cardiovascular disease to the disability quick list is a
major victory against the law of perversity that holds least is known about the causes of the most
common diseases. Whereas more than 50 million Americans suffer from some sort of heart
disease, 10 million suffer angina (chest pain) and 1 million are in imminent risk of joining the
666,000 who die of heart disease every year the Annual Statistical Report on the Disability
107
Annual Statistical Report on the Social Security Disability Insurance Program 2009
Table 7 Average Monthly Benefit Amount. Annual Statistical Report 2009
109
Lassiter, Mark. Cardiovascular Disease and Multiple Organ Transplants. Social Security
Holds Compassionate Allowances Hearing on Cardiovascular Disease and Multiple Organ
Transplants. Tuesday, November 9, 2010
110
Sanders, Tony J. Dear Stanley Friendship, Regional Social Security Commissioner for the
Seattle Region. Hospitals & Asylums. Thanksgiving Day. HA-25-11-10
108
48
Insurance Program should begin to account for cardiovascular diseases in the same column as
circulatory diseases that already comprises 7.9 percent of the beneficiary population with
683,834 beneficiaries and should grow rapidly with the inclusion of cardiovascular disease111.
In summary, Social Security statistics publications are hereby requested to account for:
1. The number of beneficiaries and average monthly benefit received by race and optionally
religion in the OASDI and SSI programs.
2. The gender of SSI beneficiaries.
3. Cardiovascular and circulatory disease in the same diagnostic group.
4. Organ transplant recipients in a diagnostic group of their own.
Act V OASDI Tax Rate Adjustment and Fixed Annual 3% COLA
At the end of 2010, about 54 million people were receiving Social Security benefits: 37 million
retired workers and dependents of retired workers, 6 million survivors of deceased workers, and
10 million disabled workers and dependents of disabled workers. During the year, an estimated
157 million people had earnings covered by Social Security and paid payroll taxes. Total
expenditures in 2010 were $713 billion. Total income was $781 billion ($664 billion in noninterest income and $117 billion in interest earnings), and assets held in special issue U.S.
Treasury securities grew to $2.6 trillion112. In 2010, 47.5 million people were covered by
Medicare: 39.6 million aged 65 and older, and 7.9 million disabled. About 25 percent of
beneficiaries have chosen to enroll in Part C private health plans that contract with Medicare to
provide Part A and Part B health services. Total benefits paid in 2010 were $516 billion. Income
was $486 billion, expenditures were $523 billion, and assets held in special issue U.S. Treasury
securities were $344 billion113. The financial outlook for the Medicare program is substantially
improved as a result of the changes in the Affordable Care Act (ACA) however. HI Trust fund
deficits are projected to continue for all future years in the absence of spending reductions,
although at substantially reduced levels compared to the deficits projected prior to the ACA114.
111
Table 6: distribution by sex and diagnostic group Annual Statistical Report on the Social
Security Disability Insurance Program December 2009
112
Goss, Stephen C. The 2001 Annual Report of the Board of Trustees of the Federal-Old Age
and Survivors Insurance and Federal Disability Insurance Trust Funds. May 13, 2011 Mr. Goss
joined the Office of the Chief Actuary in 1973
113
Foster, Richard S. 2011 Annual Report of the Boards of Trustees of the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. May 13,
2011 Mr. Foster became Chief Actuary of Medicare in February 1995; prior to this position, he
served as Deputy Chief Actuary for the Social Security Administration for 13 years.
114
Patient Protection and Affordable Care Act, Public Law 111-148, enacted on March 23, 2010
To control spending patients must be granted the exclusive right to refuse to pay for unnecessary
and harmful medical care or treatment. CMS has yet to prove they pay for anything but torture.
Patients must be enabled to just say “no waiver of sovereign immunity” without the threat of
“you may be b(k)illed for $$$”.
49
In 2010 In 2010, the combined cost of the Social Security and Medicare programs equaled 8.4
percent of GDP and combined savings of the OASDI and HI Trust funds was $2.9 trillion.
Table 11: Estimated Operations of Trust Funds 2007-2014 (billions)
Income
Year OASI
DI
HI
Expenditures
SMI
B
D
OASI
DI
HI
SMI
B
D
Change in Fund
OASI
DI
HI
2007
675 110 219 186
52
496
99 202 180 52
179
11
16
2008
695 110 230 198
47
516 109 230 178
47
179
1
-1
2009
698 109 229 206
57
564 122 238 203
57
134 -12
-1
2010
686 105 218 204
61
586 128 249 220
62
100 -23 -32
2011
742 113 241 235
71
608 134 259 215
71
134 -21 -18
2012
790 118 254 264
78
638 141 271 226
78
151 -23 -17
2013
845 124 277 287
86
680 147 283 242
86
165 -23
-6
2014
902 131 297 312
93
728 153 296 260
93
174 -23
1
Sources OASDI Table IV.A1.—Operations of the OASI Trust Fund, Calendar Years 2005-19 pg.
38; Table IV.A2.Operations of the DI Trust Fund, Calendar Years 2005-19 pg. 41; Medicare
Table V.E5.Operations of the HI Trust Fund during Fiscal Years 1970-2019 pg. 250; Table
V.E7. Operations of the Part B Account in the SMI Trust Fund (Cash Basis) during Fiscal Years
1970-2019 pg. 253; Table V.E8. Operations of the Part D Account in the SMI Trust Fund (Cash
Basis) during Fiscal Years 2004-2019 pg. 254
The DI Trust Fund costs have exceeded payroll tax income since 2007115 and has been operating
on a net deficit since 2009 (-$12 billion), 2010 (-$23 billion) and estimates deficits in 2011 (-$21
billion) and the near future (-$23 billion). Under the current 1.80% rate of taxation (0.90%
employee and 0.90% employer) the DI Trust Fund is projected to steadily decline under the
intermediate assumptions, and would fall below 100 percent of annual cost by the beginning of
2013 and continue to decline until the trust fund is exhausted in 2018. The combined assets of
the Old Age Survivor Insurance (OASI) and Disability Insurance (DI) Trust Funds are however
projected to grow throughout the short-range period, from $2,609 billion at the beginning of
2011, or 353 percent of annual cost, to $3,526 billion at the beginning of 2020, or 284 percent of
annual cost, under the intermediate assumptions116. The Annual Report of the OASDI Trustees
recognized that legislative action will be needed as soon as possible117. At a minimum, a
reallocation of the payroll tax rate between OASI and DI would be necessary, as was last done in
1994. The OASDI annual cost rate is projected to increase from 13.35 percent of taxable payroll
in 2011 to 17.01 percent in 2035 and to 17.56 percent in 2085, Expressed in relation to the
115
Table VI.A3 Operations of the DI Trust Fund, Calendar Years 1957-2010 pp. 144-145
Goss, Stephen C. The 2011 Annual Report of the Board of Trustees of the Federal-Old Age
and Survivors Insurance and Federal Disability Insurance Trust Funds. May 13, 2011
117
Goss ’11: Pp. 3
117
Foster ’11: Pp. 28
116
50
projected gross domestic product (GDP), OASDI cost is estimated to rise from the current level
of 4.8 percent of GDP to about 6.2 percent in 2035, then to decline to 6.0 percent by 2050, and to
remain between 5.9 and 6.0 percent through 2085. To properly adjust the OASDI tax rates
Congress must amend the OASI tax rate for employees 26USC(C)(21)(A)§3101(a) and
employers 26USC(C)(21)(A)§3111(a) and DI tax rate under Sec. 201 of Title II the Social
Security Act 42USC(7)II§401 (b)(1)(S) to afford the actively growing retired and disabled
populations without increasing the overall tax-rate118.
Table 12: Tax rates as a percent of taxable earnings 1937-2011
Tax rate for employees and employers, each
Year OASI
37-49 1.000
1950 1.500
51-53 1.500
54-56 2.000
57-58 2.000
1959 2.250
60-61 2.750
1962 2.875
63-65 3.375
1966 3.500
1967 3.550
1968 3.325
1969 3.725
1970 3.650
71-72 4.050
1973 4.300
74-77 4.375
1978 4.275
1979 4.330
1980 4.520
1981 4.700
1982 4.575
1983 4.775
1984 5.200
1985 5.200
86-87 5.200
88-89 5.530
90-93 5.600
94-96 5.260
DI
----0.250
0.250
0.250
0.250
0.250
0.350
0.350
0.475
0.475
0.550
0.550
0.550
0.575
0.775
0.750
0.560
0.650
0.825
0.625
0.500
0.500
0.500
0.530
0.600
0.940
OASDI
1.000
1.500
1.500
2.000
2.250
2.500
3.000
3.125
3.625
3.850
3.900
3.800
4.200
4.200
4.600
4.850
4.950
5.050
5.080
5.080
5.350
5.400
5.400
5.700
5.700
5.700
6.060
6.200
6.200
HI
Total
------------------0.350 4.200
0.500 4.400
0.600 4.400
0.600 4.800
0.600 4.800
0.600 5.200
1,000 5.850
0.900 5.850
1.000 6.050
1.050 6.130
1.050 6.130
1.300 6.650
1.300 6.700
1.300 6.700
1.300 7.000
1.350 7.050
1.450 7.150
1.450 7.510
1.450 7.650
1.450 7.650
Tax rate for self-employed workers
OASI
--2.250
3.000
3.0000
3.3750
4.1250
4.3250
5.0250
5.2750
5.3750
5.0875
5.5875
5.4750
6.0750
6.2050
6.1850
6.0100
6.0100
6.2725
7.0250
6.8125
7.1125
10.400
10.400
10.400
11.060
11.200
10.520
DI
----0.3750
0.3750
0.3750
0.3750
0.3750
0.5250
0.5250
0.7125
0.7125
0.8250
0.8250
0.7950
0.8150
1.0900
1.0400
0.7775
0.9750
1.2375
0.9375
1.000
1.000
1.000
1.060
1.200
1.880
OASDI
--2.250
3.000
3.375
3.750
4.500
4.700
5.400
5.800
5.900
5.800
6.300
6.300
6.900
7.000
7.000
7.100
7.050
7.050
8.000
8.050
8.050
11.400
11.400
11.400
12.120
12.400
12.400
HI
---------0.350
0.500
0.600
0.600
0.600
0.600
1.000
0.900
1.000
1.050
1.050
1.300
1.300
1.300
2.600
2.700
2.900
2.900
2.900
2.900
Total
--2.250
3.000
3.375
3.750
4.500
4.700
5.400
6.150
6.400
6.400
6.900
6.900
7.500
8.000
7.900
8.100
8.100
8.200
9.300
9.350
9.350
14.000
14.100
14.300
15.020
15.300
15.300
118
Rate of Tax 26USC(A)(2)§1401 does not need to be amended because this adjustment will
not alter the OASDI total tax rate.
51
97-99 5.350 0.850
6.200 1.450 7.650 10.700 1.700 12.400 2.900 15.300
2000
5.300 0.900
6.200 1.450 7.650
10.600 1.800 12.400 2.900 15.300
Year OASI
DI
OASDI
HI
Total OASI
DI
OASDI HI
Total
Tax rate for employees and employers, each
Tax rate for self-employed workers
Source: Social Security and Medicare Tax Rates December 29, 2010119
Calculating the proper apportionment of taxation between the OASDI and DI Trust funds is a
difficult task, but it is necessary to redress the decline in payroll tax revenues in 2010 that has
caused a deficit in the DI Trust, in high demand during the economic recession and be prepared
for the retirement of the baby boomers in the coming decade. The OASDI annual cost rate is
projected to increase from 13.35 percent of taxable payroll in 2011 to 17.01 percent in 2035 and
to 17.56 percent in 2085. Expressed in relation to the projected gross domestic product (GDP),
OASDI cost is estimated to rise from the current level of 4.8 percent of GDP to about 6.2 percent
in 2035, then to decline to 6.0 percent by 2050, and to remain between 5.9 and 6.0 percent
through 2085. Americans are however tired of idle actuarial chatter about potential tax increases
and need an adjustment in FY 2011 to restore the OASDI trust funds to balance, as has not been
done since 2000. The first time OASDI rates were adjusted without raising the total tax rate was
in 1980, again in 1983 and four times between 1990-2000. Between 1991 and 1994, after Bush
Sr. left office the DI Fund ran a deficit, but after increasing the combined employee/employer tax
rate for DI from 1.2% to 1.88% and reducing the OASI rate from 11.2% to 10.52% from 19941996. The DI balance overcorrected and the tax rate was adjusted downward to 1.7% from
1997-1999 and has been at 1.8% since 2000. During the same period 1997-1999 OASI was
adjusted upward to 10.7% and has been at 10.6% since 2000. Subsequently change and growth
in the DI fund has steadily declined until becoming negative 2008 to present. After record
growth in dollar values in 2006 OASI fund growth declined to 3.94% in 2010 as the result of
economic recession and retirement of the baby boomers.
Table 13: OASI and DI Tax Rates, Income, Costs, and Fund Balance (billions) 1990-2010
119 a
In 1984 only, an immediate credit of 0.3 percent of taxable wages was allowed against the
OASDI taxes paid by employees, resulting in an effective employee tax rate of 5.4 percent. The
OASI and DI trust funds, however, received general revenue equivalent to 0.3 percent of taxable
wages for 1984. Similar credits of 2.7 percent, 2.3 percent, and 2.0 percent were allowed against
the combined OASDI and HI taxes on net earnings from self-employment in 1984, 1985, and
1986-89, respectively.
b
Beginning in 1990, self-employed workers are allowed a deduction, for purposes of computing
their net earnings, equal to half of the combined OASDI and HI contributions that would be
payable without regard to the contribution and benefit base. The OASDI contribution rate is then
applied to net earnings after this deduction, but subject to the OASDI base.
c
For 2010, most employers were exempt from paying the employer share of OASDI tax on
wages paid to certain qualified individuals hired after February 3. For 2011, the OASDI tax rate
is reduced by 2 percentage points for employees and for self-employed workers, resulting in a
4.2 percent effective tax rate for employees and a 10.4 percent effective tax rate for selfemployed workers. The reductions in 2010 and 2011 tax revenue due to lower tax rates will be
made up by transfers from the general fund of the Treasury to the OASI and DI trust funds.
52
Year
OASI OASI
OASI
OASI
DI
DI
DI
DI
Tax
Fund Change Growth Tax
Fund
Change Growth
1990 11.200 203.45
1.200 11.455
1991 11.200 255.42 51.97
25.5% 1.200 12.998
1.54
13.5%
1992 11.200 306.52
51.1
20.0% 1.200 12.881
-0.12
-0.09%
1993 11.200 355.64 49.12 16.01% 1.200 10.305
-2.58
-20.0%
1994 10.520 416.34
60.7
17.0% 1.880 6.371
-3.93
-38.0%
1995 10.520 446.95 30.61
7.35% 1.880 35.206
28.8
45.0%
1996 10.520 499.48 52.53 11.75% 1.880 50.083
14.88
42.3%
1997 10.700 567.40 67.92
13.6% 1.700 63.483
13.4
26.75%
1998 10.700 653.31 85.91
15.1% 1.700 76.979
13.5
21.3%
1999 10.700 762.23 108.9
16.7% 1.700 92.628
15.65
20.3%
2000 10.600 893.21 130.98 17.2% 1.800 113.64
21.01
22.7%
2001 10.600 1,034
140.8
15.8% 1.800 135.79
22.15
19.5%
2002 10.600 1,173
139
13.4% 1.800 155.15
19.36
14.3%
2003 10.600 1,313
140
11.9% 1.800 171.15
16.0
10.3%
2004 10.600 1,452
139
10.6% 1.800 182.79
11.64
6.8%
2005 10.600 1,603
151
10.4% 1.800 192.78
9.99
5.5%
2006 10.600 1,844
241
15.0% 1.800 201.76
8.98
4.66%
2007 10.600 2,023
179
9.7%
1.800 214.90
13.14
6.5%
2008 10.600 2,203
181
8.95% 1.800 215.80
-0.89
-0.4%
2009 10.600 2,337
134
6.1%
1.800 203.55
-12.25
-5.68%
2010 10.600 2,429
92
3.94% 1.800 179.90
-23.65
-11.6%
Source: Sanders, Tony J. Health and Welfare (HaW) Fig. 3.32 pp. 514-516. Goss, Stephen C.
Annual OASDI Report Tables IV.A1. & A2
In 2010 OASI costs exceeded payroll tax revenues by $40.1 billion. But, as the result of the
$108.2 billion in interest income, $22.1 billion in taxation from benefits and a $2 billion transfer
from the General Fund to offset the cost of the 2% tax break for employers of new hires between
February 3 to December 31, 2010, continued to turn a $92 billion profit120. In 2011 OASI costs
are projected to exceed payroll taxes by $121.3 billion to $126 billion. However most of this
shortfall is the result of a 2% OASI tax break for all employees and self-employed individuals
for which SSA will be reimbursed by the bankrupt General Fund. The fund will still turn a $97
billion profit and costs would have exceeded payroll tax revenues by between $23.3 billion and
$24 billion121. Under intermediate projections in 2012, as the economy recovers, OASI costs are
120
Hiring Incentives to Restore Employment Act Public Law 111-147, exempted most employers
from paying the employer share of OASDI payroll tax on wages paid during the period March
19, 2010 through December 31, 2010, to certain qualified individuals hired after February 3.
121
A $90.1 billion reimbursement is expected from the General Fund to compensate for the cost
of a 2% OASI payroll tax deduction for all employees and self-employed workers under the
Middle Class Tax Relief Act of 2010 Public Law 111-312 this middle class subsidy, that has
caused a downturn in hiring, as the last unwise middle class subsidies in 2008 and 2009, is
unwise. Middle class people are lucky to have a decent wage and should not be subsidized by
53
projected to exceed payroll tax revenues by $16.9 billion and in 2013 by $17 billion and in 2014
by $21.7 billion and continue into the foreseeable future using the intermediate projections.
Under the low cost assumptions OASI costs are expected to exceed payroll tax revenues by $8.3
in 2012, $1.1 billion in 2013 and then in 2014 finally break ahead of payroll revenues by $2.7
billion and stay ahead until a $1.3 billion payroll tax deficit surfaces in 2016. The high cost
scenario predicts that costs will exceed payroll tax revenues by $28.5 billion in 2012, growing
steadily to $62.4 billion by 2015 and $213.5 billion by 2020. Even in the high cost scenario
OASI costs are not predicted to exceed total revenues before 2020 when the fund will grow an
estimated $12.4 billion.
Table 14: OASI and DI Revenue and Cost Estimates 2006-2014 (billions)
Year
2006
2007
2008
2009
2010
2006
2007
2008
2009
2010
Intermediate
2011
2012
2013
2014
2015
OASI
Income
642.2
675.0
695.5
698.2
677.1
OASI Costs
461.0
495.7
516.2
564.3
584.9
OASI
Income
700.7
752.8
796.4
845.7
893.7
OASI Net
Payroll Rev.
534.8
560.9
574.6
570.4
544.8
OASI Fund
1,844.3
2,023.6
2,202.9
2,336.8
2,429.0
OASI Net
Payroll Rev.
482.7122
616.1
653.0
690.0
727.1
DI Income
102.6
109.9
109.8
109.3
104.0
DI Costs
94.5
98.8
109.0
121.5
127.7
DI Income
107.0
114.0
118.7
124.2
129.7
DI Net
Payroll Rev.
90.8
95.2
97.6
96.9
92.5
DI Fund
203.8
214.9
215.8
203.5
179.9
DI Net
Payroll Rev.
82.0
104.6
110.9
117.2
123.5
the government because it compromises their loyalty to their boss, who is the one to subsidize to
encourage the prudent hiring of employees. Congress did not provide incentive to entrepeneurs
for hiring with this bill but financed communist class warfare with a subsidy that is distorting the
long overdue OASDI adjustment, and might postpone the adjustment until the second quarter of
FY2012 as we watch and wait and see that payroll taxes are on track, or if economic recovery
was seriously compromised by the wasteful communist coup without hiring incentives that
forces us to censure the corrupt middle class warriors again. Chalk it up as a second offense of
family welfare destruction for which Congress is fined an estimated $90.1 billion in FY 2011.
Do not subsidize the middle class or the quacks!!!
122
A $90.1 billion reimbursement is expected from the General Fund to compensate for the cost
of a 2% OASI payroll tax deduction for all employees and self-employed workers under the
Middle Class Tax Relief Act of 2010 Public Law 111-312
54
Intermediate
OASI Costs
OASI Fund
DI Costs
DI Fund
2011
605.6
2,524.1
132.8
154.1
2012
633.0
2,643.9
139.0
129.1
2013
670.0
2,770.3
143.8
104.0
2014
711.7
2,904.2
148.8
79.4
2015
757.2
3,040.7
153.8
55.4
Low Cost
OASI Costs
OASI Fund
DI Costs
DI Fund
2011
605.4
2,526.3
130.5
156.7
2012
623.9
2,655.0
134.7
137.5
2013
657.3
2,797.9
137.0
121.7
2014
694.0
2,957.6
139.0
110.4
2015
733.7
3,129.2
141.0
103.5
High Cost
OASI Costs
OASI Fund
DI Costs
DI Fund
2011
605.9
2,521.7
135.1
151.4
2012
636.7
2,630.0
144.0
119.7
2013
679.1
2,740.4
151.9
84.8
2014
728.5
2,850.4
160.3
46.4
2015
775.0
2,955.8
169.3
4.4
Source: Goss ‘11Tables IV.A1 pp. 36 and IV.A2 pp.39.
The OASI Trust fund is not in any immediate danger of an account deficit. The General Fund on
the other hand is. Congress is incompetent. The 111th Congress is a complete failure and should
be dissolved in its entirety nullifying every law with financial pretensions. The federal
government cannot in good faith spend more money when they have not even purchased the
balanced federal budget FY 2011 from the author for $1,000. The federal budget can no longer
be saved by the return of half social security earnings and military spending limits, as it could
have been FY 2005-2008. In FY 2011 OMB and CBO must carefully adhere to the agency
budgets, and impose spending limits on and fire the greedy pigs who are sabotaging the
blackmailed Obama administration, killer of civilians123, for reason of racial discrimination
evident in prison. It is not difficult to bring the FY 2011 deficit under 3% of GDP124. The debt
limit should not be raised. The US is not insolvent, the Congress, President and Judiciary are,
the USA has the Monroe doctrine to protect America against colonialism and prevent
entanglement in the affairs of the lawless European prosecutor who defeated the European
Constitution and Hospitals & Asylums (HA) to balance the budget125. Federal debt has exceeded
123
Sanders, Tony J. Human Rights Campaign (HRC), Citizens Commission on Human Rights
(CCHR), et al, plaintiffs v. US Presidential Candidates Barack Obama and John McCain whose
foreign policies must change Asia and the Near East (ANE) to Middle East and Central Asia
(MECA) and South East Asia (SEA), Title 22 Foreign Relations and Intercourse (a-FRaI-d) to
(FR-ee) and the Court of International Trade (CoITUS) to Customs Court (CC), defendants.
Hospitals & Asylums. HA-28-7-08
124
Sanders, Tony J. Federal Budget in Balance FY 2011: Comparison of Bush and Obama.
Hospitals & Asylums HA-28-2-10
125
Sanders, Tony J. Re-invest Security Council Resolution 1970 in a Libyan Constitutional
Convention. Hospitals & Asylums HA-7-3-11
55
the maximum level tolerable by the market economy, estimated and every bailout has only
caused a reduction in employment because of the money stolen by federal bonds from the stock
market. When federal debt exceeds an estimated 3% of the GDP it is not merely idle investment
capital that is being stolen from the children of rich misers but capital needed by corporations to
employ workers. The catastrophic unemployment since 2008 can be attributed to the tax
stimulus payment for workers and TARP in 2008, the Recovery Act in 2009 and the Middle
Class Tax Relief Act of December 2008 for the downturn in employment in January 2011.
Table 15: Employment Statistics 2007-2011
Yr
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Annu
al
07
14427
5
14447
9
14532
3
14529
7
14586
4
14695
8
14731
5
14640
6
14644
8
14674
3
14711
8
14633
4
14604
7
08
14460
7
14455
0
14510
8
14592
1
14592
7
14664
9
14686
7
14590
9
14531
0
14554
3
14460
9
14335
0
14536
2
09
14043
6
14010
5
13983
3
14058
6
14036
3
14082
6
14105
5
14007
4
13907
9
13908
8
13913
2
13795
3
13987
7
10
13680
9
13720
3
13798
3
13930
2
13949
7
13988
2
14013
4
13991
9
13971
5
13974
9
13941
5
13915
9
13906
4
11
13759
9
13809
3
13896
2
13966
1
14002
8
Source: BLS Labor Force Statistics from the Current Population Survey Number Employed
The Hiring Incentives to Restore Employment Act Public Law 111-147, exempted most
employers from paying the employer share of OASDI payroll tax on wages paid during the
period March 19, 2010 through December 31, 2010, to certain qualified individuals hired after
February 3. Middle Class Tax Relief Act of 2010 Public Law 111-312, extended the OASDI
payroll tax rate reduction for 2011 by 2 percentage points for employees and for self-employed
workers. These temporary reductions in 2010 and 2011 payroll tax revenue due to lower payroll
tax rates have been and will be made up by reimbursements from the General Fund of the
Treasury to the OASI and DI Trust Funds. Reimbursements from the General Fund of the
Treasury amounted to $1.495 billion in 2010. This law specified general fund reimbursement for
temporary reductions in employer payroll taxes on behalf of certain qualified individuals. The
OASI Trust Fund was reimbursed approximately $12 million in 2010 under the provisions of the
possibly unrelated Public Law 110-246, the Food, Conservation, and Energy Act of 2008126.
Middle Class Tax Relief Act (MCTRA) of 2010 Public Law 111-312. Further complicating
challenging calculations needed to adjust the DI and OASI tax rates without raising the overall
rate of taxation. This adjustment is of primary important to the operations of the Social Security
126
Goss, Stephen C. The 2001 Annual Report of the Board of Trustees of the Federal-Old Age
and Survivors Insurance and Federal Disability Insurance Trust Funds. May 13, 2011
56
Administration. It is a shame that the General Fund with a $1.4 trillion deficit would be
compelled to pay the OASI Trust Fund with assets exceeding $2.5 trillion in 2011127.
Table 16: Department of Labor Spending 2008-2012 (in millions)
2008
2009
2010
2011
Labor OMB
58,838
138,157
209,265
116,902
Labor Total Budget Request
142,503
162,003
79,982
Savings
-4,436
47,262
36,920
Source: DOL. FY 2011 Detailed Budget Documentation
2012
90,790
70,000
20,790
The Department of Labor (DOL) was created in the DOL Organic Act of March 4, 1913. DOL
fosters and promotes the welfare of the job seekers, wage earners, and retirees of the United
States. DOL received a total of $34.4 billion in Recovery Act funds, including $29.5 billion of
that for mandatory UT funds, these have been included in the budget request total for 2009. The
FY 2010 President’s Budget request is $13.3 billion in discretionary budget authority and 17,477
full-time equivalent employees (FTE). The vast majority of increased DOL spending is the
result of the dramatic increase in unemployment and unemployment insurance costs. The irony
is that unemployment insurance comes out of the deficit and the deficit takes money away from
higher employment yielding investments, a vicious cycle, but an important social safety net in
these hard economic times. Federal unemployment insurance costs an estimated $1 billion
annually, it has not been so high as 2004-2005. In FY 2008, state agencies collected $32.2
billion in state unemployment taxes, and paid $42.9 billion in Federal and state unemployment
benefits to 8.9 million beneficiaries. During FY 2009 the state agencies are expected to collect
$36.7 billion in state unemployment taxes and to pay $102.9 billion in Federal and state
unemployment benefits to 12,000,000 beneficiaries. The FY 2010 Budget request for UI State
Administration is $3,195,645,000, a decrease of $78,992,000 from the FY 2009 appropriation of
$3,274,637. The formula for FY 2010 finances $28,600,000 per 100,000. An extension of the
Emergency Unemployment Compensation (EUC08) program through December 31, 2009, with
a phase out to May 31, 2010, estimated to cost $23.7 billion providing benefits to 3.4 million
unemployed workers. An addition of $25 to all UI checks for weeks of unemployment ending
before January 1, 2010, with a phase out ending on June 30, 2010, supplementing the checks for
16.3 million individuals and estimated to cost $8.7 billion. The high cost of unemployment
insurance is undeniable, without thoroughly analyzing state UI trust fund balances, however the
OMB must defer to the DOL estimates, that are significantly lower.
Actuarial economic estimates for the Social security and Medicare program Cost-of-livingadjustments (COLA) are based primarily in the Consumer Price Index (CPI) as reflected in the
Consumer Price Index for All Urban Consumers (CPI-U). Historically, the CPI increased at an
average annual rate of 4.6 percent for the 40 years from 1968 to 2008, the result of average
annual increases of 6.5, 6.0, 3.2, and 2.8 percent for the 10-year periods 1968-78, 1978-88, 198898, and 1998-2008, respectively. From June 2010 to May 2011 the CPI-U for all items increased
127
Table 1 Auerback, Alan J.; Gale, Wiliam G. Tempting Fate: The Federal Budget Outlook.
Tax Policy Center. June 2, 2011 [email protected], [email protected]
57
3.6 percent before seasonal adjustment. From 2009 to 2011 SSA beneficiaries have not gotten a
COLA because SSA believed there had been no inflation. In 2009 the CPI-U was negative, 0.4% for the whole year. The first few months of 2010 were also negative. However, since July
2010 the CPI-U has been positive every month. The historical tables of the Bureau of Labor
Statistics indicate that the although 2010 got off to a rocky start inflation with deflation
continuing through May 2010 in July 2010 inflation became positive and remained between
0.4% to 0.1% through May 2011128 . Although CPI-U information may not have been public
until June 15, 2011 SSA has made a grievous error. 2010 CPI-U was estimated by BLS at 1.6%
however SSA did not give as COLA as is usually done under Sec. 215 of Title II of the Social
Security Act 42USC(7)II§415(i) and Sec. 1617 of Title XVI of the Social Security Act
42USC(7)XVI§1382f. In 2012 SSA will have to make up for the deprivation of COLA with
1.6% for 2010 and an estimated 3.6% for 2011 – 5.2%129. The law needs to be repealed and
rewritten to provide for a fixed 3% annual COLA unless CPI-U should exceed 3% in the
preceding year.
Table 17: Consumer Price Index for All Urban Consumer (CPI-U) Inflation 1920-2011
1920
1930
1940
1950
1960
1970
1980
15.6%
-2.3%
0.7%
1.3%
1.7%
5.7%
13.5%
1990
2000
2005
2006
2007
2008
2009
5.4%
3.4%
3.4%
3.2%
2.8%
3.8%
-0.4%
2010
May 2010 June 2010 July 2010 Aug. 2010
Sep. 2010
Oct. 2010
1.6%
-0.1
-0.2
0.3
0.2
0.2
0.2
Nov. 2010
Dec. 2010
Jan. 2011
Feb. 2011 Mar. 2011 April 2011 May 2011
0.1
0.4
0.4
0.5
0.5
0.4
0.2
Source: Department of Labor. Consumer Price Index (CPI) All Urban Consumers July 13, 2010,
Reed, Steve. Consumer Price Index. May 2011. Bureau of Labor Statistics. June 15, 2011 Chart
1 One-month percent change in CPI for All Urban Consumers (CPI-U), seasonally adjusted, May
2010 - May 2011
The OASDI Trustee report found that future changes in the Consumer Price Index for Urban
Wage Earners and Clerical Workers (CPI) directly affects the OASDI program through the
automatic cost-of-living adjustment (COLA) benefit increases. Future changes in the GDP price
index (GDP deflator) affect the nominal levels of GDP, wages, self-employment income,
average earnings, and taxable payroll. Historically, the CPI increased at an average annual rate
128
Reed, Steve. Consumer Price Index. May 2011. Bureau of Labor Statistics. June 15, 2011;
[email protected], [email protected]
129
This disconnect between CPI-U and COLA can only be explained as a false statement
representation of material fact for use in determining rights to payment under Sec. 208 of Title II
of the Social Security Act 42USC(7)II§408(a)(3) and Sec. 1632 of Title XVI of the Social
Security Act 42USC(7)XVI§1383a(a) (2) for which restitution is due. The five years in prison
might be necessary if the laws keep corrupting. The COLA will have to be rewritten by this Act,
the has become arbitrary and review of the historical records indicate there was always a weak
link with CPI-U.
58
of 4.4 percent for the 40 years from 1969 to 2009, the result of average annual increases of 7.1,
5.3, 2.9, and 2.5 percent for the 10-year periods 1969-79, 1979-89, 1989-99, and 1999-2009,
respectively. The GDP deflator increased at an average annual rate of 4.0 percent from 1969 to
2009, the result of average annual increases of 6.6, 4.7, 2.2, and 2.4 percent for the same
respective 10-year periods. For 2010, the annual change is estimated to be 2.1 percent for the
CPI and 1.0 percent for the GDP deflator. This indicates that SSA knew that there had been a
The ultimate annual increases in the CPI are estimated to be 1.8, 2.8, and 3.8 percent for the lowcost, intermediate, and high-cost assumptions, respectively. These rates of increase are the same
as those used in the 2010 report, and reflect a belief that future inflationary shocks will likely be
offset by succeeding periods of relatively slow inflation due to future monetary policy that is
similar to that of the last 20 years, with a continuing emphasis on holding the growth rate in
prices to relatively low levels. For the intermediate assumptions, as the economy moves on a
path toward full employment, the annual change in the CPI is assumed to increase gradually
from 1.2 percent in 2011 until it reaches the ultimate growth rate of 2.8 percent for 2019 and
later. Automatic cost-of-living benefit increases are projected to resume in December 2011 and
occur in each subsequent year. For the low-cost assumptions, the annual change in the CPI is
assumed to increase from 1.1 percent for 2011 until it reaches its ultimate assumed annual
change of 1.8 percent for 2018 and later. For the high-cost assumptions, the annual change in the
CPI is assumed to increase from 1.6 percent for 2011 until it reaches its ultimate assumed annual
change of 3.8 percent for 2019 and later. The lame excuse given for the deprivation of right was
that the actual levels of the CPI in the third quarters of 2009 and 2010 were below the level of
the CPI in the third quarter of 2008; therefore, there were no automatic cost-of-living benefit
increases for December 2009 and December 2010130.
Expenditures from the HI trust fund have exceeded income each year since 2008, with the fund
deficit reaching $32.3 billion in 2010. As a result of the provisions of the Patient Protection and
Affordable Care Act (ACA) P.L. 111-148 that impose an additional 3.8% Medicare tax on some
or all of the non-work incomes and the assumed economic recovery, HI income is projected to
grow faster than expenditures through 2018 under the intermediate assumptions. Over the next
10 years, HI expenditure growth is estimated to average 4.9 percent per year, while HI income
growth is estimated to average 6.0 percent per year. Trust fund deficits are projected to continue
for all future years in the absence of further corrective legislation, although at substantially
reduced levels compared to the deficits projected prior to the ACA. For SMI, transfers from the
general fund of the Treasury represent the largest source of income and currently cover about 72
percent of program costs131. HI Trust fund deficits are projected to continue for all future years in
the absence of further corrective legislation, although at substantially reduced levels compared to
the deficits projected prior to the ACA. Taking into consideration the opulent wealth of the
health care industry, and complete lack of wisdom exhibited by its professionals on a case by
case basis, CMS must enable patients to refuse to pay to for overpriced, unnecessary or harmful
medical malpractice. CMS must also limit health care cost increases to 3 percent per year. CMS
130
Goss, Stephen C. The 2001 Annual Report of the Board of Trustees of the Federal-Old Age
and Survivors Insurance and Federal Disability Insurance Trust Funds. May 13, 2011
131
Foster ’11: Pp. 28
59
must control health care costs at 3 percent and benefit the patient before the HI Fund is eligible
for any tax increases. In FY 2012, the DI deficit is the only deficit that needs to be redressed
with a tax adjustment of the OASDI Trust Funds. The liberty afforded State demonstration
projects by the ACA may help but CMS really needs to revise its accounts to within 3% annual
growth from the Recovery Act of 2009 that distorted the budget.
Table 18: Health and Human Services Mandatory Spending 2008-2012 (in millions)
2008
2009
2010
2011
2012
Health and Human
700,442
796,267
868,762
934,426
911,291
Services OMB
% Change
4.2%
13.7%
9.1%
7.6%
-2.5%
HHS Budget Authority
ARRA
779,419
800,271
880,861
HHS Mandatory Outlays 118,984
718,631
859,763
910,679
HHS Medicare
424,747
444,003
468,601
HHS Medicaid
250,924
275,383
296,841
HHS TANF
18,933
22,083
21,001
HHS Foster Care &
6,859
7,403
7,442
Adoption Assistance
HHS Children’s Health
7,547
9,103
10,485
Insurance Program
HHS Child Support
4,352
4,710
4,434
Enforcement
HHS Child Care
2,952
2,925
3,417
HHS Social Services
1,854
2,118
1,832
Block Grant
HHS Other Mandatory
1,686
2,340
4,825
Programs
HHS Offsetting
ARRA
-1,223
-1,008
-992
Collections
HHS Budget Request
141,000
779,419
800,271
880,861
Total
Revised HHS Budget
141,000
717,953
735,902
754,299
773,157
2.5% Growth Limit Exc.
ARRA 2009
HHS Savings from
-62,686
132,860
189,127
138,134
Revision
Source: HHS FY 2011 President’s Budget for HHS. February 1, 2010
The foundation of the public health service is typically attributed to July 16, 1798, when
President John Adams signed a bill into law that created the Marine Hospital Service but the
increasing involvement of the Service in public health activities led to its name being changed
again in 1912 to the Public Health Service (PHS). It was not until the social programs of the
1960, particularly the Medicare and Medicaid legislation of 1965, that health became a major
expense of the federal government. Subsequently the DEA was founded, income inequality took
60
off and health care costs have soared, but the United States remains the only industrialized nation
with a private health insurance system that fails to provide universal health insurance. As the
result health costs more in the US, 16.5% of the GDP, than in any other nation, and healthcare
outcomes are consistently better in nations with social insurance or, better yet, national health
services, where it is professionally irresponsible for a health care professional to “bill” a patient..
There are also a number of agency names that need to be changed, the whole Department needs
to be renamed the Public Health Department, but they must pass the test and transfer the DEA to
the FDA and permit the TSDR to prohibit disease pathogens of abuse, SAMHSA needs to be
renamed Social Work Administration (SWA) and once it has assumed responsibility for the
adjudication of mental illness and substance abuse leave the department with other social and
family agencies and CMS needs to be renamed National Health Insurance (NHI). The American
Recovery and Reinvestment Act (the Recovery Act) poses a fiscal problem because it provides
HHS programs with an estimated $141 billion for Fiscal Years 2009 – 2019. HHS now has a
slush fund and must limit their budgetary inflation to less than 2.5% from 2008. This will help to
control costs market-wide. OMB needs to transfer the Low Income Home Energy Assistance
Act of 1981, $5,100,000,000 in FY 2009 and 2010 and $3.3 billion in 2012 spending $4.5 billion
in 2009, $4.9 billion in 2010 and $3.6 billion in 2011 to the Department of Energy. Under
current law OMB needs to limit the public health care budgetary cost growth to 2.5% from 2008
and apply the ARRA cost to the 2009 budget. This would save $132 billion in 2010, $189
billion in 2011 and $138 billion in 2012132.
A case regarding the Patient Protection and Affordable Care Act P.L. 111-148 was brought by 26
governors and attorneys general, almost all of them Republicans, and on appeal the Court has
held that the insurance mandate was unconstitutional133. The legal battle is ultimately expected to
land at the Supreme Court, possibly as soon as the 2011-12 term. At the U.S. Court of Appeals
for the 11th Circuit, the judges gave few clear indications of their sympathies. In three hours of
sharp questioning, the judges asked whether requiring Americans to buy insurance opened the
door to unprecedented government power, and could lead to mandated purchases of energyfriendly products like solar panels. The administration, represented by acting U.S. Solicitor
General Neal Katyal, reiterated its argument that the health-insurance market was unlike others
because all Americans eventually need medical care. Hospitals are distinct from other enterprises
because they are required to provide care regardless of whether a patient pays. The
administration argues that the Commerce Clause of the Constitution gives it the power to
mandate buying insurance, and such regulation is necessary to keep the rest of society from
having to offset $43 billion a year in unpaid medical bills. The plaintiffs didn’t want society to
pay for $43 billion in medical b(k)ills at all. They responded that the law went outside the scope
of the Commerce Clause in requiring for the first time that U.S. residents buy a private product.
The panel was sympathetic to a secondary claim in the states' case involving the expansion of
Medicaid to 16 million lower-income Americans unfairly burdens states, which eventually must
pay some of the medical costs for those new beneficiaries. States made a "powerful" argument
132
Sanders, Tony J. Federal Budget in Balance FY 2011: Comparison of Bush and Obama.
Hospitals & Asylums HA-28-2-10
133
Galle, Brian. Conditional Taxation the Constitutionality of Health Care Reform. 120 Yale L.J.
Online 27 (2010)
61
that such an expansion amounted to coercion. The mandate, which is set to take effect in 2014,
was central to the law. Only about four million Americans are expected to pay the penalty for
failing to carry coverage and the Internal Revenue Service can't impose criminal penalties on
those who fail to pay. We would like to reduce the penalties under the ARRA to zero. More
than 30 suits have been filed challenging the law. Many were thrown out on procedural grounds,
and five courts have ruled on the merits, splitting along party lines. Three district judges who are
Democratic appointees upheld the law, and two Republican-appointed judges ruled against it134.
Will Social Security beneficiaries still be able to refuse to pay for Medicare? I for one of 50
million Americans prefer self-medication to health insurance premiums and do not like the
corrupting influence of this meaningless capital on matters of medicine135.
Table 19: Enrollment in Social Security Programs and SSI (in thousands) 1970-2020
OASI
DI
OASDI
SSI
SSA
Workers
Medicare
Covered
per SSA
Workers Beneficiary
1970
22,618
2,568
25,186
92,788
3.7
20,398
1980
30,384
4,734
35,118
4,142
112,623
3.2
28,433
1990
35,255
4,204
39,459
4,817
133,040
3.4
34,251
2000
38,556
6,606
45,162
6,602
154,481
3.4
39,688
2005
39,961
8,172
48,133
7,114
158,511
3.3
42,606
2008
41,355
9,065
50,420
7,521
162,485
3.2
45,453
2009
42,385
9,475
51,860
7,677
156,021
3.0
46,316
2010
43,527
9,967
53,494
7,912
155,170
2.9
47,351
2020
57,978
11,885
69,863
10,431136
175,961
2.5
63,508
Source: Goss ‘10 Table IV.B2.—Covered Workers and Beneficiaries, Calendar Years 1945-2085
pg. 53; Medicare Table III.A3.—Medicare Enrollment pg. 50
The Disability Insurance (DI) trust fund pays for Disability Insurance (DI). The Supplemental
Security Income (SSI) program is financed by the general fund and administrated by SSA. In
2010 DI paid 9.9 million beneficiaries and SSI paid 7.9 million beneficiaries. There is
considerable overlap between SSI and both DI and OASI. In total there were around 15 million
beneficiaries of the DI and SSI programs in 2010. For around 12 million of these beneficiaries,
DI and/or SSI comprised most or all of their income for the year. A disproportionate number of
DI beneficiaries have incomes either pegged to the SSI rate $674 (2011) or limited under the
$1,000 a month Substantial Gainful Employment (2011). Since 2009 the DI Trust Fund has
operated on a deficit. Since 2009 DI program costs have exceeded combined payroll tax and
interest income by -$12.2 in 2009, -$23.6 in 2010 and -$25.8 in 2011137. At the current tax rate
the DI Trust Fund is projected to dip below the level of annual expenditures in 2012 and be
134
Adamy, Janet. Judges Offer Mixed View on Health Law. Wall Street Journal. June 9, 2011
Sanders, Tony J. Best Medicine Monographs. Hospitals & Asylums. HA-14-2-11
136
Adds one million released prisoners to the SSI rolls. Astrue, M.J. Annual Report of the
Supplemental Security Income Program. Social Security Administration. 2011
137
Goss ’11: Table IV.A2 Operations of the DI Trust Fund Calendar Years 2006-20.
135
62
exhausted by 2018138. The Actuary has called for immediate legislative action to adjust the
OASDI tax rates for employees under 26USC(C)(21)(A)§3101(a) and employers under
26USC(C)(21)(A)§3111(a) and DI tax rate under Sec. 201 of Title II the Social Security Act
42USC(7)II§401 (b)(1)(S). The exact calculus to adjust the OASDI tax rates without increasing
the overall FICA tax-rate during the economic depression remains the nation’s greatest
mystery139. Under the current tax rate OASI will not need adjustment for years after total
revenues fall below total costs around 2021 beyond the mathematical horizon. There are thus
three questions which must be answered. One, how much does the DI fund need? Two, what
would be the impact on the OASI fund? Three, what is the optimal OASDI ratio?
Table 20: Optimal OASDI Tax Rate (billion) FY2012
OASDI Tax
Payroll
Total
Total
Change in Fund
Revenues
Revenues
Costs
Fund
654.8
807.7
738.4
69.3
2,678.2
2011 12.4%
OASI 10.6%
572.8
700.7
605.6
95
2,524.1
DI 1.8%
82.0
107.0
132.8
-25.8
154.1
720.7
866.8
772.0
94.8
2,773
2012 12.4%
OASI 10.6%
616.1
752.8
633.0
119.8
2,643.9
DI 1.8%
104.6
114.0
139.0
-25
129.1
720.7
866.8
772.0
94.8
2,773
2012 12.4%
OASI 10.15%
589.9
726.6
633.0
93.6
2,617.7
DI 2.25%
130.75
140.2
139.0
1.2
155.3
720.7
866.8
772.0
94.8
2,773
2012 12.4%
OASI 10.1%
587.0
723.7
633.0
90.7
2,614.8
DI 2.3%
133.7
143.1
139.0
4.1
158.2
720.7
866.8
772.0
94.8
2,773
2012 12.4%
OASI 10.0%
581.2
717.9
633.0
84.9
2,609
DI 2.4%
139.5
148.9
139.0
9.9
164
720.7
866.8
822.7
44.1
2,722.3
2012 12.4%
OASI 9.2%
534.7
671.4
633.0
38.4
2,562.5
DI+SSI 3.2%
186.0
195.4
189.7
5.7
159.8
Source: Goss ‘11Tables IV.A1 pp. 36 and IV.A2 pp.39; Social Security and Medicare Tax Rates
December 29, 2010
This OASDI tax adjustment should have no adverse impact on national employment whereas the
overall rate of taxation shall remain un-changed at this time of economic depression. Nor would
this OASDI adjustment affect the projected costs of either OASI or DI program. Nor will it
change the overall amount or ratio of the combined OASDI trust funds although the OASI and
DI trust funds do change. To cover the $25 billion shortfall in DI revenues the DI tax rate would
need to be increased by 24 percent, a minimum 0.45%. This would bring the DI tax rate
currently set at 1.8% in FY 2011 up to 2.25% in FY 2012 and OASI rate down from 10.6% in
138
139
Goss ‘11” pp. 41
Rate of Tax 26USC(A)(2)§1401
63
FY 2011 to 10.15%. The 0.45% adjustment accomplishes the task of generating positive change
in the DI fund of $1.2 billion. A 0.5% increase in DI payroll tax to 2.3% would correspond with
a 0.5% OASI payroll tax rate decrease to 10.1%. Total OASDI income would exceed costs and
both the OASI and DI funds would grow. A 0.6% increase in DI payroll tax to 2.4% would
correspond with a 0.6% OASI payroll tax decrease to an even 10.0%. In all three of these
scenarios the OASDI Trust Fund grows at an equal rate and both OASI and DI trust funds would
grow in FY 2012.
In all three scenarios the OASI Trust Fund continues to turn enough profit to pay the $50.7
billion cost of SSI (2011), that unnecessarily burdens the insolvent General Fund. FICA
statements would inform taxpayers of their fair share of the responsibility to pay welfare to the
poor people of all ages much better if the cost of SSI were included in the DI tax. To afford SSI
with the DI Fund the DI tax rate would need to be raised and OASI rate lowered. According to
the Actuarial projections there should be sufficient revenues for SSA to afford to pay the costs of
SSI without incurring a deficit until 2020 when the +/-$80 billion cost of SSI would cause the
combined OASDI fund to decline by around $10 billion140. We secretly want to see the OASI
trust fund go down to $2.4 trillion, where it was when the $2.4 trillion in assets held by SSA
were equal to the $2.4 trillion held by the IMF, before the economic depression, similar to
revisions in other departments. The legislature must optimize the OASDI tax rate and having
performed that calculation comes to the realization that there are enough revenues coming into
SSA to pay for SSI without any deficits or overall tax increases until 2020. There is little risk in
adjusting the tax rate in the proper direction and relieving account deficits eases stress.
Changing OASI and DI rates does not change the overall operation of the OASDI Trust Funds.
Making the trust funds pay for SSI relieves the federal budget, gives SSA more independence,
and the OASDI tax rates should not need to be adjusted for another decade. SSI Statement of
purpose; authorization of appropriation under Sec. 1601 of Title XVI of the Social Security Act
42USC(7)XVI§1381 must be amended to conclude “from the DI Trust Fund and legal and
medical malpractice insurance settlements”.
About the Author
2011 is the bicentennial of HA statute which dates to the Naval Hospital Act of Feb. 26, 1811.
For the occasion I have balanced FY2011 federal budget and privately financed all the extracurricular expenses, Disaster Relief (DR), of the federal government141. My name is Anthony J.
Sanders. I was born in the Netherlands on 11 August 1974, immigrated to California when I was
6 months old and was naturalized at the age of 14 in Cincinnati, Ohio. My parents met on a
kibbutz in Israel where my mother had been brought so she could meet a nice Jewish boy and
stop dating goy in Southern California. When her father learned she was dating a Dutch guy an
Israeli Domestic Relations Court ordered their separation. After she turned 18 my father came to
Goss ’11: Table IV.A3 Operations of the Combined OASI and DI Trust Funds Calendar
Years 2006-20
141
Sanders, Tony J. Federal Budget in Balance FY 2011: Comparison of Bush and Obama.
Hospitals & Asylums HA-28-2-10; Sanders, Tony J. Flood and Tornado Relief from the
Deepwater Horizon Overpayment. Hospitals & Asylums HA
140
64
the United States and moved in with her and then they moved to Canada and got married and
then made their way back to a kibbutz where I was conceived. In Second and Third Grade I got
into a special program for gifted children at the University of California Davis while my father
received a Doctor of Veterinary Medicine (DVM) and my mother got a master’s degree and was
accepted to the University of Cincinnati College of Medicine. I was unhappy with the move to
Cincinnati. My younger sister, born exactly two years later, on the same day at the height of the
Perseid Meteor showers, got an excellent teacher in Cincinnati and went from a sullen child to
straight A student. I started working and smoking at age 14 and had to leave the private school I
wanted to go to after doing well in public education and returned to public high school to finish a
year early in 1991 shortly after smoking areas had been abolished in the 1980s. I am vegan, do
at least 100 sit-ups, 100 push-ups, 100 pull-ups and jog at least 4 miles every day. I had to do
1,000 push-ups, 1,000 sit-ups and treat a flare up of E. coli with 400 mg metronidazole one day,
to get to work on this document. I am still working on 100 consecutive pull-ups and plan to run
the 26 mile marathon to buy new used running shoes for $10 when I finish this document. As
the result of the intrinsic value of birth certificates and passports to kleptocrats selling diplomatic
visas and student loans the author of HA and the balanced federal budget is an undocumented
alien with a less than high school degree142.
I, Anthony Joseph Sanders, am sorry I don’t have time to do my autobiography justice on this
rational basis test with Senator Bernie Sanders in Defense of Social Security Caucus. Sanders,
Tony J. Customs House Act, St. Elizabeth (CHAStE) Hospitals & Asylums HA-26-2-11 is a
decent statute of liberty for the HA bicentennial. Neither my diploma nor the State paid for the
plagiarism or employed, and Congressionally enforced student loans have caused too much
irreparable and chronic damage to be honored. I pray Senator Bernie Sanders will abolish the
Congressional student loan racket by this $1,000 a month SSDI settlement. There is a legitimate
government interest for the US to pay HA. I am the sole proprietor of the 3% FY2011 deficit and
long term balance. I maintain the most authentic public record on the Internet. Morally
incapable of paying student loans I am not financially prepared to receive the $250,000 fine for
the legal malpractice involving heart attacks (ha), kidnappings and natural disasters of M.J.
Astrue Esq. in behalf of the United States under 18SUSC(95)§1858. In American Popular
Election: The United States has not had a 66% Quorum for Democracy since 1900 HA-29-10-10
Senator Sanders is the only Congressperson fine enough to pass the dissolution of the
Democratic-Republican (DR) two party test. But it is now up to Senator Sanders to break the
vicious cycle of HA copyright infringement that is disabling the federal and international
economy. No one alive has passed the pay HA test, ie. Last Right in Vermont HA-21-4-10.
Senator Sanders must be careful to ensure that Secretary Sanders is paid or the Defense of Social
Security Caucus and entire 112th Congress must be dissolved as the 111th Congress has been held
responsible for their accounting errors. The US will balance the budget and reduce the national
debt sometime when the federal government is not completely and totally criminally insane and
can read writing and arithmetic politely. The $50 billion in savings to the General Fund accrued
from this appropriation of SSI by the DI Trust should be sufficient to take the debt ceiling off the
table. The Revised Budget is marked S for Sanders’. Federal Budget in Balance FY 2011:
Comparison of Bush and Obama. Hospitals & Asylums HA-28-2-10 (for sale by the author for
$1,000). Will Senator Bernie Sanders (HA-Vt) please take this opportunity to be the founding
member of the Hospitals & Asylums Political Party 2011 HAPPY for two centuries and retain
142
65
Table 21: Federal Budget Master Balance 2009-2012 (in millions)
Legislative Branch
Judicial Branch
Executive Office of
the President
Agriculture
Interior
Environmental
Protection Agency
Energy
Commerce
Education
State
International
Assistance
Homeland Security
Housing and Urban
Development
Transportation
Office of Personnel
Management
General Services
Administration
National
Aeronautics and
Space
Administration
National Science
Foundation
Small Business
Administration
Justice
Labor
Treasury
Veterans Affairs
Defense- Civil
Civil – Corps of
2011
5,579
7,512
501
2011 S
4,294
6,777
501
2012
5,292
7,351
427
2012 S
4,294
6,845
427
145,748
14,045
11,177
100,452
12,177
10,000
137,917
12,803
9,980
105,474
12,000
9,624
44,390
11,500
94,300
28,754
24,343
28,400
8,400
77,800
16,400
36,400
34,792
10,430
85,200
30,065
28,223
30,311
8,600
80,000
16,500
38,500
54,723
53,082
54,723
48,913
46,847
48,153
46,847
48,153
86,665
73,463
70,966
44,000
82,817
75,956
73,095
46,000
2,279
2,279
2,170
2,170
17,863
19,000
18,953
19,570
7,647
7,500
7,558
7,725
1,388
1,228
1,112
1,112
31,924
116,902
593,550
124,215
55,719
6,929
24,054
79,982
560,863
121,604
0
5,438
33,700
90,790
685,279
122,369
56,457
5,879
24,295
70,000
600,000
125,252
0
5,500
me as HA Secretary for $1,000 a month SSDI and/or $333 a month party royalties from the
proceeds of this $250,000 settlement establishing the HAPPY people to inherit the United States
from the permanently and totally dissolved Democratic Republican (DR) two party system.
66
Engineers
Defense – Military
Health and Human
Services
Social Security
Administration (onbudget)
Social Security
Administration (offbudget)
Other Independent
Agencies (onbudget)
Other Independent
Agencies (offbudget)
Allowances
Undistributed
Offsetting Receipts
Effect of Agency
Spending Limits
Total Outlays
Total Receipts
Total Deficit
% GDP
Total Public Debt
% GDP
Effect TARP
Termination
TARP Termination
Effect on Deficit
% GDP
TARP Termination
Effect on Debt
% GDP
Effect of Revenue
Provisions + TARP
No on Make Work
Pay Extension
No on Information
Reporting Tax
Total Effect of
Revenue Provisions
Revenue Provision
721,285
934,426
508,000
754,299
653,424
911,291
400,000
773,157
80,933
80,933
77,304
77,304
708,620
735,000
738,430
773,000
31,832
31,832
26,928
26,928
4,226
4,226
-13
-13
21,676
-283,287
21,676
-283,287
-4,187
-288,823
-4,187
-288,823
3,833,909 3,194,830 3,754,874 3,139,660
2,567,000 2,567,000 2,926,000 2,926,000
-1,266,909
-627,830
-828,874
-213,660
8.2%
4.1%
5.1%
1.2%
15,144,000 14,008,000 16,336,000 14,584,000
99.0%
91.6%
100.8%
90.0%
200,000
200,000
NA
NA
-1,066,909
-427,830
NA
NA
6.9%
2.8%
NA
NA
14,944,000 13,808,000 16,136,000 14,384,000
97.6%
90.3%
99.6%
88.7%
30,132
30,132
31,075
31,075
-326
-326
-1,029
-1,029
29,806
29,806
30,046
30,046
-1,036,000
-398,000
-799,000
-184,000
67
Effect on Total
Deficit
% GDP
6.7%
2.6%
4.9%
1.1%
Revenue Provision 14,914,000 13,778,000 16,106,000 14,354,000
Effect on Public
Debt
% GDP
97.5%
90.1%
99.4%
88.6%
Effect of Health
Care Proposals +
TARP + Rev.
Social Health
-75,000
-75,000
-80,000
-80,000
Insurance Plan
Effect of Social
-1,111
-473,000
-909,000
-294
Health on Deficit
% GDP
7.2%
3.1%
5.6%
1.8%
Total Effect of
14,989,000 13,833,000 16,186,000 14,434,000
Social Health on
Debt
% GDP
97.9%
90.5%
99.9%
89.1%
National Health
688,000
688,000
709,000
709,000
Service
Effect of NHI on
-379,000
+261,000
-119,000
+495,000
Deficit
% GDP
2.5%
+ 1.7%
0.7%
+ 3.1%
Effect NHI on Debt 14,256,000 13,120,000 15,427,000 13,875,000
% GDP
93.2%
85.8%
95.2%
85.6%
Source: Sanders, Tony J. Federal Budget in Balance FY 2011: Comparison of Bush and Obama.
Hospitals & Asylums HA-28-2-10
68