Translate

Showing posts with label Social Security. Show all posts
Showing posts with label Social Security. Show all posts

Sunday, August 26, 2018

Wednesday, February 1, 2017

SOCIAL SECURITY GUN BAN: JOHNSON, ABRAHAM & GRASSLEY MOVE TO OVERTURN OBAMA'S RULING

SOCIAL SECURITY GUN BAN: JOHNSON, ABRAHAM & GRASSLEY MOVE TO OVERTURN OBAMA'S RULING
republished below in full unedited for informational, educational, and research purposes:
 
USA – Congressmen Sam Johnson (R-TX) and Ralph Abraham (R-LA) — and Chuck Grassley (R-IA) in the Senate — have introduced resolutions to overturn Barack Obama’s Social Security Gun Ban.
As a senior citizen myself … and as one who owns several firearms that I want to pass on as an inheritance to my children one day … this legislation is very important to me.
But first, a little background.

As he was going out the door, Barack Obama made one final obscene gesture to the Second Amendment community.

That gesture consisted of a rule which would troll the Social Security rolls and identify recipients whose checks were processed by a guardian.
Once these people were identified, their names would be inputted into the NICS system, and their guns would be taken away.
Ralph Abraham (R-LA)
Ralph Abraham (R-LA)
Kentucky Republican Thomas Massie — who is chairman of the House Second Amendment Task Force — minced no words in describing Obama’s rule. This week, Rep. Massie told GOA that:
If you want to see how ruinous this policy will be to seniors, look at the over one hundred thousand veterans who have been stripped of their Second Amendment rights under a similar procedure through the Department of Veterans Affairs. This ruling is yet another attempt to hurt gun owners and bypass due process. Our seniors deserve better than that.
In places like New York and California, with their gun confiscation programs, SWAT teams could be sent to the homes of Social Security recipients who were identified under the Obama rule.
Our experience is that most gun owners don’t have $10-20,000 lying around to hire a lawyer and appeal the ruling.
This process was promulgated pursuant to the “NICS Improvement Amendments Act of 2007” — which is also known as the “Veterans Disarmament Act”.
Gun Owners of America opposed that bill because, as we predicted, it would legitimize gun bans against veterans, and would soon be applied to Social Security, Medicare, and Medicaid recipients as well.

Tragically, that prediction has now come to pass.

But the passage of the Johnson/Abraham resolution in the House (H.J.Res. 40) — and of the Grassley resolution in the Senate (S.J.Res 14) — will obliterate that anti-gun rule from the law.
And, because it is being passed under a special procedure (called the Congressional Review Act), they will be considered under special parliamentary rules and cannot be filibustered in the Senate.
Thus, they will need only a majority vote in the Senate and the House, and President Donald Trump is sure to sign.
So please urge your Representative, Rep. Christopher Smith (R), to cosponsor H.J.Res. 40. And urge your two Senators to cosponsor Sen. Grassley’s identical effort, S.J.Res. 14.
It will send a strong message if we can get a large number of cosponsors on this resolution.
Sincerely,
Larry Pratt
Executive Director Emeritus
About Gun Owners of America (GOA)
Gun Owners of America (GOA) is a non-profit lobbying organization formed in 1975 to preserve and defend the Second Amendment rights of gun owners. GOA sees firearms ownership as a freedom issue. `The only no compromise gun lobby in Washington’ – Ron Paul.
Visit: www.gunowners.org to Join.

Friday, January 20, 2017

OBAMA'S PARTING SHOT AT THE SECOND AMENDMENT

 Prohibited Persons
OBAMA'S PARTING SHOT AT THE SECOND AMENDMENT 
BY JEFF KNOX
republished below in full unedited for informational, educational, and research purposes:
 
Buckeye, AZ –-(Ammoland.com)- In the final days of the Obama administration, several agencies finalized new rules and regulations that Mr. Obama had been pushing for.
Among those, the Social Security Administration, or SSA, announced that they have finalized rules under which they will be reporting – possibly many thousands of – Social Security benefit recipients to the FBI’s National Instant Check System as “prohibited persons.”

Inclusion in NICS means complete loss of all Second Amendment rights, and makes it a felony for the person to possess or have access to any firearm or ammunition – ever.

It also makes a felon of anyone who provides a “prohibited person” access to firearms or ammunition. So parents of developmentally disabled children who receive SSI, and have used shooting and hunting as a family bonding activity, can continue doing that until the child turns 18, at which time, they would be committing a felony if they allowed their ward to touch a gun or ammunition.
Social Security Recipients
Social Security Recipients : What the law says is that “prohibited person” includes anyone: “who has been adjudicated as a mental defective or who has been committed to a mental institution.” That’s it.
The basis of this “final rule” is a bureaucratic finding that the person is “unable to manage their own affairs.” Just as we’ve seen from the Veterans Administration since the mid-1990s, the SSA is now submitting to NICS the name and identifying information of anyone whom they say is “adjudicated mentally defective” under the 1968 Gun Control Act.
The primary criteria for that determination is that they be an adult who, rather than handling SSA benefits themselves, has a “designated payee” who acts as a fiduciary to manage the person’s benefits. For instance, a person might have sustained a head injury and, as a result, has trouble dealing with numbers, so they have a parent or spouse named as their “designated payee.”
Under the new SSA rules, that person will be labeled as “adjudicated mentally defective” and will be barred from ever holding a gun or ammunition for the rest of their life.
It doesn’t matter to the SSA if the person is fully functional in every other way, if they “can’t manage their own affairs” with SSA, they are considered a “mental defective,” and their name is submitted to NICS.
In some cases, someone who requested a “designated payee” as a matter of convenience, might be able to appeal the NICS submission, but they can only appeal after the submission has been made, and they could be looking at significant time and legal expense. They would also have to remove their guns and ammunition from their home until the matter was resolved. That could be a problem in states like Washington, where any firearm transfer, even just temporarily while sorting out a SSA mistake, must be processed through a licensed dealer, with a per-gun fee, and a required background check.
Assuming the person won their appeal, legally transferring the guns back into their possession would require processing again, including the per-gun fee, and a background check on the person getting his guns back.
The thing that is the most frustrating about this new rule, is that SSA says they are merely obeying a law which received broad bipartisan support, and which was supported by the NRA. The law is called the NICS Improvement Amendment Act of 2007. It was passed in response to the horrible attack at Virginia Tech. One of the provisions of the act requires that government agencies share with NICS the names of people who are prohibited from firearm possession for mental health reasons. Even more frustrating, the law which forbids possession of firearms by “mental defectives” does not say anything about people who can’t manage their own financial affairs.
What the law says is that “prohibited person” includes anyone: “who has been adjudicated as a mental defective or who has been committed to a mental institution.” That’s it. Nothing about managing financial affairs, etc. But several years ago, the BATFE, promulgated regulations for enforcing that line of the law, and in their definition of terms, they stated that “adjudicated as a mental defective” means:
“A determination by a court, board, commission, or other lawful authority that a person, as a result of marked subnormal intelligence, or mental illness, incompetency, condition, or disease: Is a danger to himself or to others; or Lacks the mental capacity to contract or manage his own affairs.”
Out of the blue, the BATFE simply added the part about the “capacity to contract or manage his own affairs.” They also stretched the term “adjudicated” to now include rulings by boards, commissions, and “other lawful authority,” which they say includes the bureaucrats at the VA and the SSA.

Where was Congress when this agency took it upon itself to overreach so dramatically.

And where have they been in the subsequent two decades as this unfounded regulation has been used to strip Second Amendment rights from countless, innocent veterans?
Let’s hope that this ruling from the SSA will be the wake-up call Congress needs to finally take action to correct this travesty. Please let your senators and representative know that you want this travesty corrected. The number for the Capitol Switchboard is (202)224-3121.
About:
The Firearms Coalition is a loose-knit coalition of individual Second Amendment activists, clubs and civil rights organizations. Founded by Neal Knox in 1984, the organization provides support to grassroots activists in the form of education, analysis of current issues, and with a historical perspective of the gun rights movement. The Firearms Coalition is a project of Neal Knox Associates, Manassas, VA. Visit: www.FirearmsCoalition.org

Wednesday, December 28, 2016

SOCIAL SECURITY FINALIZES NEW GUN RULE FOR SENIORS

Grandma Got Run Over by Obama: 

SSA Finalizes New Gun Rule

BY JOE EVANS

SEE: http://www.ammoland.com/2016/12/grandma-got-run-over-by-obama-ssa-finalizes-new-gun-rule/#axzz4U37ut7YU; 

republished below in full unedited for informational, educational, and research purposes:
 
USA -(Ammoland.com)- On Monday, Barack Obama’s Social Security Administration (SSA) issued the final version of a rule that will doom tens of thousands of law-abiding (and vulnerable) disability insurance and Supplemental Security Income (SSI) recipients to a loss of Second Amendment rights under the guise of re-characterizing them as “mental defectives.”
The SSA, for the first time in its history, will be co-opted into the federal government’s gun control apparatus, effectively requiring Social Security applicants to weigh their need for benefits against their fundamental rights when applying for assistance based on mental health problems.
Barack Obama’s political party and the presidential candidate he personally endorsed and campaigned for suffered perhaps the most dramatic rebuke in the history of American politics with the election of Donald J. Trump.
Far from being humbled or chastened, however, Obama is spending the waning days of his presidency releasing duly convicted felons from prison, making low-level appointments, and pushing pet policy projects, all to do something, anything, to leave his stamp after a lackluster tenure.
The Social Security rule is the final version of a proposal that we reported on earlier this year. Public outcry against the proposed rule was fierce, and the comment period drew over 91,000 responses, the vast majority of them opposing the plan.
The NRA itself submitted detailed comments, taking the proposed rule to task for its many legal problems, its lack of empirical support, and the way it would politicize the SSA’s functions and stigmatize its beneficiaries.

The SSA, however, essentially ignored the NRA’s comments and the tens of thousands of others pointing out problems with the plan and issued a final rule that in most key respects tracks the original proposal.

For example, the SSA did not attempt to answer most of the legal questions raised about its authority, instead deferring to an over broad and problematic ATF regulation defining who counts under the federal Gun Control Act as a “mental defective” and to Department of Justice guidance on reporting.
The SSA did not explain why, some two decades after the federal background check system came online, it was reversing its earlier determination about its reporting responsibilities and only now asserting a mandate to do so.
Incredibly, the SSA also brushed aside empirical evidence the NRA submitted suggesting that the proposed rule would have no public safety benefit. “We are not attempting to imply a connection between mental illness and a propensity for violence, particularly gun violence,” the SSA wrote. “Rather, we are complying with our obligations under the NIAA, which require us to provide information from our records when an individual falls within one of the categories identified in 18 U.S.C. 922(g).”
This would seem to be the very definition of the sort of arbitrary and capricious rule making prohibited by the Administrative Procedures Act.
The SSA also insisted that it was not stigmatizing those who receive disability insurance or SSI for mental health conditions, arguing that the names of the beneficiaries reported to NICS would not be made public.
What the administration ignores is that it would stigmatize the entire category of beneficiaries subject to reporting.
The administration further acknowledges that the rule would not provide those subject to its terms the ability to defend their suitability to possess firearms before the actual loss of rights took place.
In other words, it offers no due process on the question of losing Second Amendment rights.
Instead, the rule forces affected beneficiaries to file a petition for “restoration” of rights and to somehow prove their possession of firearms would not harm public safety or the public interest, even though the government never established, or tried to establish, the contrary.

Regarding the expense of the psychological and medical evaluations required for this purpose, the administration claims it should be “reasonable,” although it does not and cannot claim it will actually be affordable to those who are affected by the rule.

The major parameters of the final rule are the same as those we detailed in an earlier alert on the proposal. It will affect those who receive SSI or disability insurance because of a listed mental health impairment and who have been assigned a representative payee to manage the benefits because of the person’s mental condition.
The bottom line, however, is that tens of thousands of completely harmless, law-abiding people will lose their rights every year under the rule, a premise the SSA did not even try to refute.
The NRA has already prepared proposals for corrective action, and we certainly hope they will be given favorable consideration by the incoming administration.
In the meantime, this is one more reminder of the petty, partisan politics of Barack Obama, and one more reason to be thankful that in a few short weeks, he will no longer wield the power of the presidency against the nation’s law-abiding gun owners.

About the NRA-ILA:
Established in 1975, the Institute for Legislative Action (ILA) is the “lobbying” arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.
Visit: www.nra.org


Thursday, December 22, 2016

BOOMERS' SOCIAL SECURITY CHECKS BEING GARNISHED FOR UNPAID STUDENT LOANS

BOOMERS' SOCIAL SECURITY CHECKS BEING GARNISHED FOR UNPAID STUDENT LOANS
BY BOB ADELMANN
 
republished below in full unedited for informational, educational, and research purposes:
 
The Government Accountability Office (GAO) issued its report on student loan repayments on Tuesday, revealing that 114,000 Americans age 50 and over had their Social Security checks garnished (the GAO calls them “offsets"), including 38,000 over age 65. In total the government recovered $171 million from this group last year, putting many of them into poverty.
Under the law, students loans cannot be washed away in a bankruptcy, with rare exceptions. When a loan goes into default, the government has the power to reduce a person's Social Security checks by up to 15 percent, or about $140 every month.
That’s enough of a reduction to push some Social Security beneficiaries below the official poverty level of $990 a month.
In other words, the promise of the student loan program — that workers with new degrees and better skills would help the economy by making them more productive, allowing them to obtain better paying jobs — is instead impoverishing an increasing number of those borrowers who bought the line.

The GAO reports that the student loan program has loaned $1.3 trillion to borrowers. Now, however, the Department of Education, which oversees the program, is caught trying to balance the needs of the borrowers increasingly defaulting and the taxpayers who are on the hook when they do.
Liberal politicians have gotten into the act, specifically Senators Claire McCaskill (D-Mo.) and Elizabeth Warren (D-Mass.). Upon reading the report, McCaskill stated, “The growth [in the number of seniors defaulting on student loan debt] is stunning. I believe this is the tip of the iceberg of what may be to come if we don’t work harder on the problem.”
Warren called the garnishments “predatory” and said that she would offer legislation next year to end them altogether.
These, it must be said, are the typical responses to problems created by the politicians themselves.
Of the $140 taken from their checks, 70 percent goes to fees and interest, with the remaining 30 percent being applied to the outstanding balance. This guarantees that many Boomers will die long before their student loans are paid off.
This is another example of the unintended consequences of a government program allegedly designed to help people but winding up hurting them instead — while also exceeding the bounds and limits set by the Constitution. Nowhere in that document is there mention of any powers given to the national government to offer student loans to young people seeking better opportunities.
But the new reality leaves an increasing number of Boomers impoverished and creates an increasing risk to taxpayers backstopping student loan defaults.