Tuesday, September 7, 2010

Illegal workers are keeping Social Security solvent. Yaaay!


The hell, I say? No, it's Obama's SSN man who says it:
"If for example we had not had other-than-legal immigrants in the country over the past, then these numbers suggest that we would have entered persistent shortfall of tax revenue to cover [payouts] starting [in] 2009, or six years earlier than estimated under the 2010 Trustees Report."
You must be scratching your heads. Me, too.

So why did I turn my attention from the Dems' circular firing squad to social security? It all started when Bruce Krasting, one of my favorite econbloggers, emailed me this question (and I totally blew it):
Assume: A person comes illegally to the US and illegally obtains a fake SS and using that fake # finds work. This person stays in the US continuing to work illegally for many years. During that period this person has SS payroll taxes deducted from their paycheck. This person returns to (Mexico) and at age 62 applies for SS retirement benefits.

Question: Is this person entitled to receive benefits? If so what are the conditions for payment?
Here was my quick off-the-top answer:
"Good question. I have argued that the hue and cry about illegals using someone else's SSN is BS. All it does is enrich the victim. Boo hoo.

But to answer your Q (and I'm no SS expert) my answer is: no. Because they committed fraud at the outset. While they'd have a weak argument for unjust enrichment, they did the enriching themselves, knowingly, voluntarily, and fraudulently."
So . . . drum roll please . . . I didn't just blow it. I was DEAD WRONG. We're talking DOA. I hate it when that happens.

Obama's Social Security Chief Actuary says illegal workers are just as entitled to social security benefits as legally employed workers. The only qualifier is that the illegal workers must receive their U.S. benefits
in their own country. They cannot receive the benefits here in the United States (and benefit our economy by spending their money here).

Curious and more curious. So what's really going on?

Oh, probably the Obama Administration, in the face of the Arizona immigration anti-lawsuit backlash, wants to tout the contributions that illegal workers make to our country. And how much money are we talking, here? How much have these workers already paid into SS? Oh, around $320 billion.

Of course, these contributions wouldn't be nearly as "helpful" to Social Security if the illegal workers actually filed for and collected their benefits.

But, because the Administration knows the number of illegal workers who will (1) leave the U.S., return to their own country and (2) file for benefits they obtained through fraud are . . . well, pretty damn low, this $320 billion is enough to keep our wobbly Ponzi-schemed social security system solvent. At least for now.

Still, the whole notion of paying social security benefits to illegal workers who obtained jobs illegally using fraudulent social security numbers is pretty breathtaking.

Bruce did some digging and discovered the Rs sponsored a bill in 2006 that would have halted the payment of these obtained-through-fraud benefits. But . . . the Dems defeated it, 49-50.

P.S.: is this video a glimpse into our future?



6 comments:

honeypiehorse said...

Wow! I had no idea. And I actually understood this one. ;-)

Bruce Krasting said...

LM,

Thanks for this. I did mention you in this piece (sort of) when I said, "I had asked the question to a number of people including a lawyer."

I also hate to be wrong on such an important question, but I was. I was relying on the laws being "reasonable".

No such luck.

A good read.
bk

The Mother said...

You have got to be kidding. Please tell me you're kidding. You have such a lovely, droll sense of humor.

A Lawyer Mom's Musings said...

Alas, Big Mother, I am not kidding.

What can I say? It's a mad, mad world that you and I are paying for.

Be sure to watch that short video clip at the end of the post. It's clever and, perhaps, telling.

kobico said...

A few commenters on the blog to which you linked mentioned that SS fraud is a felony, punishable by up to 5 years in jail, plus a $250k fine.

If this is the case:

1. Would a conviction thus negate their benefits, or could their benefits be garnished for the amount of the fine?

2. Why aren't they being prosecuted? Is there a law that says the ssa can't forward the claims to a prosecutor if they believe them to be fraudulent? Or is it that prosecuting these types of cases would prove to be too expensive?

A Lawyer Mom's Musings said...

Kobico,

Your questions are excellent and I wish I could answer them. In other circumstances, I could make an educated guess, based on the law and simple logic, and be mostly right.

But not in this instance. I was stunned to learn from Bruce K. that illegals can file for, and receive, their admittedly illegally-obtained benefits. And I was even more shocked to learn they can only receive these benefits by applying from outside of the U.S.

What's really going on? In my opinion, the illegals rarely, if ever, file for their SS benis and the feds count on this claims disparity.

The illegals' "contributions" are being used by the SSA to prop up this whole modern-day Ponzi scheme.

What I'd give to be able to prove the SSA has few, if any, measures in place to confirm who paid what: the illegal worker or the legal, working social security card holder?

I'll bet the government is short-changing the legal worker on her benefits and she has no idea.

In my view, it's outrageous that our country's taxpayers (i.e., YOU and ME) are paying government benefits to illegal criminals.

But nobody asked me. The government does so many things I find to be outrageous, I've lost count of them, as well as sheep and sleep.