Social Security significantly impeding individual liberties.
The Ombudsman's Office has issued a recommendation to the Social Security administration, underscoring a failure to comply with duties of prior notification regarding the return of social benefits and the justification of these decisions. This lapse appears to be in violation of legal limits for compensation and citizens' rights protections.
The recommendation stems from an analysis of complaints filed by Social Security benefit recipients who were required to return funds previously received or had their benefits, including unemployment insurance, family support, and pensions, suspended or reduced without prior consultation.
The Public Defender's Office contends that the Social Security administration merely notifies citizens of such decisions and often does so beyond the legal time frame for canceling administrative acts with retroactive effects, demanding the return of the paid amounts without explaining the reasons behind them.
This practice prevents citizens from understanding the circumstances and exercising their right to contest or even cite the statute of limitations on the obligation to make restitution, according to the Public Defender's Office. Additionally, there are instances where the Social Security administration imposes automatic and immediate compensation without providing explanations, denying the appropriate opportunity for voluntary payment or requesting installment payments.
The Public Defender's Office provides examples of questionable practices including the unexplained reduction of a pension granted in 2023 to offset a debt from 2014 and benefit cuts without prior notice in 2021 and 2022 to offset debts from 1997 and 1999. In some cases, minimum subsistence limits set by law were not observed, particularly for beneficiaries whose benefits make up their only source of income.
The Public Defender's Office emphasizes the need for the Public Administration to adhere to principles of justice, transparency, and respect for the Rule of Law, especially in situations involving vulnerable individuals who depend on social benefits to sustain their livelihoods.
In response to the recommendation, the Ministry of Labor, Solidarity, and Social Security (MTSSS) has pledged to consider the ombudsman's suggestions and work towards adapting procedures to the law and recommending a review of the law. It is also noted that the MTSSS is currently undertaking a structural change in procedures to address or mitigate undue payments, a problem identified by the Ombudsman, with plans to resume these efforts by the next government.
[ Based on the enrichment data, it should be noted that Social Security beneficiaries in the U.S. need to comply with specific reporting and updating rules, as failure to do so may result in payment suspensions. Irregularities leading to suspensions can include unreported changes in work status, ignored requests for information, or failure to return necessary forms. Procedural due process rights protect individuals from arbitrary or unjustified deprivation of benefits, entitling them to advance notice, the opportunity to respond or contest suspensions, and clear justifications based on noncompliance or ineligibility.]
- The ongoing issues with Social Security administration’s compliance in prior notification of benefit decisions, as highlighted by the Ombudsman's Office, could potentially impact various financial and business aspects, especially considering the wider reach of general-news media.
- The Public Defender's Office has raised concerns over the Social Security administration's handling of criminal offenses related to the mismanagement of benefits, particularly with instances of retroactive act cancellations and unjustified debt offsets, falling under the category of crime-and-justice.
- On a broader scale, the political landscape might face repercussions due to the Social Security administration's failure to ensure citizen rights protections, as emphasized by both the Ombudsman's Office and the Public Defender's Office, and the subsequent actions taken by governmental bodies such as the MTSSS.
