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Social Security, he argued, is a compulsory substitute for private property, is heavily relied on, and is important to beneficiaries. The beneficiary's right to Social Security, he argued, should not be subject to public policy considerations (especially not something resembling a loyalty oath, as was the case in Flemming).
"In essence, this money has been stolen from all of us for all these years," said an 84-year-old woman whose late husband's Social Security benefits were slashed. "It's not fair."
[103] [104] Supporters of the bill state that "By making millionaires and billionaires pay the same rate of Social Security taxes as the rest of us, and by changing the method by which Social Security benefits are calculated, Sen. Harkin's bill would expand Social Security benefits by an average of $800 per recipient per year while also keeping ...
The Social Security Fairness Act, which would increase benefits for 2.8 million retirees, has bipartisan support but time running out.
The big flaw at the center of all this is the simple fact that no one actually owns their Social Security benefits. That's a big part of the reason why people get so worked up about potential ...
The Supreme Court has established that no one has any legal right to Social Security benefits. The Court decided, in Flemming v. Nestor (1960), that "entitlement to Social Security benefits is not a contractual right". In that case, Ephram Nestor, a Bulgarian immigrant to the United States who made contributions for covered wages for the ...
Image source: Getty Images. This bill would expand Social Security benefits for more than 2.7 million beneficiaries. But it comes at a cost that all workers and retirees may soon have to grapple with.
Mathews v. Eldridge, 424 U.S. 319 (1976), is a case in which the United States Supreme Court held that individuals have a statutorily granted property right in Social Security benefits, and the termination of such benefits implicates due process but does not require a pre-termination hearing.