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February 2017

 

By Anthony J. Sanders

 

Social Security Amendments of January 1, 2017 HA-1-1-17

 

To make insulin dependent diabetes mellitus and orphan qualifying disabilities for SSDI or SSI $777 (2018).

 

To legislate a 2.4% DI tax rate that is legible on paystubs to pay for a 3% COLA for calendar year 2017 and 2.2% DI tax rate and 3% COLA every year thereafter.

 

To amend the DI tax rate from 1.80% in 2015, to 2.37% in 2016, to 2.40% in 2017, to 2.20% in 2018 to when all the Baby Boomer shall have retired. To increase the 0.9% DI tax in 2015 to 1.2% DI tax for employees and employers in 2017 and 1.1% in 2018 under Sec. 201(b)(1)(S) of the Social Security Act 42USC(7)II§401.

 

To amend the OASI tax rate from 10.60% in 2015, to 10.03% in 2016, to 10.00% in 2017 and 10.20% in 2018 and thereafter to prevent the DI fund from being depleted and OASI Trust Fund from premature deficit. To increase the 5.30% OASI tax in 2015 to 5.00% in 2017, to 5.10% in 2018, for employees and employers without increasing the overall 12.4% OASDI under 26USC§3101 and 26USC(C)(21)(A)§3111 (as hacked in 2016) or 15.3% OASDI and Hospital Insurance (HI) Federal Insurance Contribution Act tax-rate under 26USC(A)(2)§1401.

 

To pay a 3% Cost-of-living adjustment (COLA) 2017 and 3% COLA every year thereafter to protect benefit determination from attrition by average estimated inflation of 2.7% in the Consumer Price Index (CPI) under Sec. 215(i) of the Social Security Act 42USC§415(i).

 

Disability 27-2-17     

 

Statistics relating to disability beneficiaries must recognize the existence of two programs - DI and SSI. The number of beneficiaries in both programs have never been publicly added together to explain official estimates regarding 16-17 million disability beneficiaries receiving 19 million social security benefits, the sum of 10.6 million DI benefits plus 8.3 million SSI benefits. Without any new taxes on the rich, the total number of disability beneficiaries in calendar year 2017 is estimated to be 8.3 to 8.4 million SSI beneficiaries + 10.6 million DI beneficiaries = 18.9 – 19.0 million social security disability beneficiaries. SSA also paid a total of 43 million retired workers and dependents of retired workers + 6 million survivors of deceased workers = 49 million OASI beneficiaries. At a high 4% rate of population growth, due to the retirement of the Baby Boomers who nearly bankrupted the DI trust fund, the OASI population is expected to increase to 51 million OASI beneficiaries in 2017, a year from the annual report of January 22, 2016. Therefore, 51 million OASI beneficiaries + 19.0 million disability beneficiaries = a total of 70 million SSA benefits for more than 67 million beneficiaries. The International Classification of Functioning, Disability and Health (ICF) checklist provides a fair estimate of the disabled worker.  As of 2011, the prevalence of chronic pain in the general population of the United States has been estimated to be as high as 116 million adult. Arthritis and rheumatic conditions affected an estimated 43 million Americans in the late 1990s and this number is expected to increase to an estimated 60 million by the year 2020, about half of all painful conditions. Approximately 21 million people have osteoarthritis (OA), 3.7 million have fibromyalgia and 2.1 million have rheumatoid arthritis (RA). Rheumatoid arthritis is associated with a high rate of disability, more than one-third of working persons who develop RA are unable to work after five years. 

 

Musculoskeletal diseases are the leading cause of disability and absence from work in the United States. SSA reports the rate of musculoskeletal and connective tissue disabilities has increased from 24.7% in 2009 to 33.6% in 2015. Between 2001 and 2016, the prevalence of musculoskeletal procedures drastically increased in the U.S, from 17.9% to 24.2% of all operating room procedures performed during hospital stays.  In a study of hospitalizations in the United States in 2012, spine and joint procedures were common among all age groups except infants. Spinal fusion was one of the five most common OR procedures performed in every age group except infants younger than 1 year and adults 85 years and older. Laminectomy was common among adults aged 18–84 years. Knee arthroplasty and hip replacement were in the top five OR procedures for adults aged 45 years and older.  Autologous chondrocyte implantation (Carticel, MACT) is much less invasive than total knee replacement.  Every year more than 15 million people in the U.S. have surgery and some 40 million people will undergo a procedure requiring an anesthetic. Some 2,000 of these patients will die from causes related to their anesthesia care. An anesthesia death rate of 1 in 20,000.  The U.S. surgical death rate is estimated that 1.14 percent of patients who go in for surgery never leave the hospital.  Researchers in the United Kingdom looked at more than 46,000 patients in 28 European countries who underwent non-cardiac surgery. They found that 4 percent of them died before they could make it out of the hospital. Nearly 75 percent of patients in Europe who died did not get admitted to an intensive care unit (ICU). The surgery death rates that the researchers found in other countries ranged from Latvia, which at 21.5 percent had the worst death rate, to Iceland with a rate of 1.2 percent. Disease modifying Anti-rheumatic Drugs (DMARDs) of least resistance are methotrexate an anti-neoplastic drug approved by the FDA for the treatment of arthritis that costs $1 a week; $1 clotrimazole (athletes foot crŹme) and hydrocortisone crŹme; Amantadine (Symmetrel) for flu, Ampicillin (Principen) for pneumonia, Doxycycline or Clindamycin (Cleocin) under age 8 for Staph, Metronidazole (Flagyl ER) for infectious diarrhea and joint infections. Studies dating back to the 1980s recommend glucosamine and chondroitin sulfate 1,000 mg to 2,000 mg of glucosamine and 800 mg to 1,600 mg of chondroitin sulfate every day.  Because the pills are so large probiotic supplementation is needed for gastrointestinal health. Following dextrose prolotherapy patients experienced statistically significant decreases in pain, sustained improvement of over 75% was reported by 85% of joint pain patients. Dextrose prolotherapy ameliorates chondromalacia of the patella, shoulder, groin, hip and elbow and improves physical ability.

 

Budget Declaration of the United States of America HA-1-1-17

 

Dear António Guterres:  The United States President has not submited his budget contents to Congress by the first week of February under 31USC§1105.  This is a formal Declaration of Non-Self Governing Territories under Chapter XI of the UN Charter by myself, Anthony, to yourself, António.  The United States White House Office of Management and Budget, Commissioner of Social Security and Democratic-Republican (DR) two party system, require me to do their accounting until they learn to do it themselves.  The Actuary has never taken the time to calculate the OASDI tax rate right, and was just one day late to my summer solstice instructions last summer.  On the day of this declaration, February 7, Social Security Matters announced that Acting Commissioner Nancy Hillberry has been posted since Social Security New blog on January 23, 2017.  There is deep concern that she is too fat to read and write, let alone correct the errors of the Actuary, and obese commissioners greed has been  intolerably violent in the past. The temporary restraining order of the United States District Court should redress the recent incitement by US executive orders regarding the repatriation of prisoners of (crime and false arrest?) war under Art. 118 of the Third Geneva Convention and collective punishment of the nationals of seven nations under Art. 33 of the Fourth Geneva Convention.  Legal speech on the topic of migration involves changing the name of the agency to US Customs, regular priced travel and identification documents under Art. 27 of the Convention on the Status of Stateless Persons of 1954 and naturalization of persons born to foreign parents under the Convention on the Reduction of Statelessness of 1961.  Compensation for any civilian casualties caused by the recent US military action in Yemen or elswhere is recognized as compulsory ipso facto and without special agreement. This budget earns a $50 to $110 billion surplus FY 2018 depending on whether or not the rich are taxed the full 12.4% OASDI tax on all their income to end poverty by 2020 with 50 million SSI benefits and pay 16-24 million poor children an SSI benefits beginning the first quarter after the tax goes into effect.  This act provides for a voluntary 1-2% UN Contribution on 1040 tax forms.  This declaration should be deposited with the Secretary-General today under Art. 36 (2)(4) of the Statute of the International Court of Justice to get the State of the Union Address right under Art. 2 Sec. 3 of the US Constitution.  Sincerely Anthony J. Sanders

 

Art. 36(2) & (4) of the Statute of the International Court of Justiceon the 7th of February was more effective at getting Trump to stop his belligerent language and getting Social Security Matters blog to second Social Security News blog of January 23rd regarding the appointment of a new Acting Commissioner, than my citation of Ar. 36(4).  However, he still needs to learn not to steal or behave in an undiplomatic armed fashion as a non-demented civilian President, and she is thought to be too fat to read and write, let alone correct the Actuary. The President's disability is defined as inability to produce a balanced federal budget in a timely fashion for the State of the Union Address and reliance on the DR system to produce one, without having already done so.  The cause of his mental disability is presumed to be an inability to pass the US Marine Corp physical fitness test that has resulted in three or more civilian offices being seized by Marine Corp soldiers unqualified to command, and total dependence upon Republican party officials, to fail to perform all the activities of daily activities (ADLs) of the White House, already done perfectly, by Title 24 of the United States Code under Art. 2 (3) and (4) of the US Constitution for next-to nothing under Chapter XI of the UN Charter on Non-Self Governing Trust Territories. The President has allowed his children to be recused under nepotism and conflict of interest laws.  His complete dependency on the Republican party is completely incompetent.  His response to a well-choreographed boundary dispute of the producer of the balanced federal budget with DR deficit legislators, was that “the press is the enemy”.  The question is not how fully-automatic are my national forest boundary markers, but does the President want to purchase the US budget for the $2.4 million price of a KSKQ radio homeless shelter key as lightning rod?  His language defies the Constitution and ignores his need to repair his reputation for inciting violence with the news media under Art. 20 of the International Covenant on Civil and Political Rights.  His military support at the expense of the civilian government, runs contrary to liberal philosophy of Adam Smith's Wealth of Nations of 1776, international treaty obligations of the US Constitution, the laying down of the General of the United Nations (GUN) and election of a civilian Secretary of the United Nations (SUN), and generally accepted accounting principles (GAAP) underwriting the Social Security Amendments of January 1, 2017 HA-1-1-17

 

Individual agencies are expected to begin the customary process of sending budget requests for the upcoming fiscal year to the White House beginning midday on Monday, the aides said. The OMB — headed by former House lawmaker Mick Mulvaney (R-S.C.), who was a spending hawk in Congress — will then begin drafting an official request for fiscal 2018 and submit it to Congress in the coming weeks.  Democratic-Republican (DR) two party members have demonstrated the capacity to produce an accurate ledger, let alone get a single agency congressional budget justification right.  According to the White House, the defense budget will increase by 10 percent.  The administration said that most other discretionary spending programs will be slashed to pay $54 billion.  Trump said that his budget would put “America first” by focusing on defense, law enforcement and veterans using money previously spent abroad.  The administration is also planning to slash taxes, which would probably further add to the debt.  The President presses the United Nations and apologetico Secretary of State to defend US foreign assistance, that the Commander in Chief threatens to steal to pay for an unaccountable increase in military spending.  It is the US foreign military and law enforcement assistance that needs to be abolished under the Arms Export Control Act and transferred to UN Contributions to prevent terrorism finance and improve the US rate of official development assistance to the UN. US military spending must not increase more than 2.5% over the previous year spending for the total of both baseline and OCO. 

 

The previous administration unethically predicted a military spending reduction for the new President. What the new civilian Commander in Chief must do is end the Overseas Contingency Operation (OCO) accounting row from the Department of Defense (DoD) budget justification and column of the same name from the State Department and International Assistance budget justification.  I am sorry I left the question of a military spending reduction open due to emptiness in the accounting of the OCO to the unaccountable President and his DR.  No one knows whether or not the OCO is anything but duplicate spending or part federal spending and part interagency spending but in the President's first year he should not spend more than 2.5% more than the combined cost of both the OCO that is to be abolished as a method of international regional accounting and DoD baseline budget as directed by the White House Office of Management Budget FY 2018 budget content submission underwriting the Social Security Amendments of January 1, 2017.  Why rob the diplomats of the World Government who are actually able to collaborate with the American author to balance the federal budget of an incompetent Democratic-Republican (DR) two party system and their feebleminded old man who probably doesn't pass the Marine Corp Physical Fitness Test?  Title 7 IRS Form 1040  of the Social Security Amendments of January 1, 2017 Section 15 Voluntary 1-2% of Income United Nations (UN) Contribution proposes:  To legislate a new ‘United Nations Contribution: 1% to 2% of income suggested donation’ row on IRS form 1040.  Annual UN donations levied shall be accounted for as both revenues and state department outlays in the OMB Historical Tables for zero change to the surplus/deficit.  All money levied by this tax shall be given to the UN. Un-administered funds shall be invested by the UN and developing recipient nations.  State recipients of these UN funds are expected to spend at least two-thirds on cash benefits for people living below the international poverty line of $1.90 a day (2015) and the other third on infrastructure, health, education and government for the poor.

 

Presidential privilege is rooted in the separation of powers under the Constitution, Marbury v. Madison (1804) and United States v. Nixon, 418 U.S. 683  (1974).  A President is entitled to absolute immunity from damages liability predicated on his official acts. A rule of absolute immunity for the President does not however leave the Nation without sufficient protection against his misconduct. There remains the constitutional remedy of impeachment, as well as the deterrent effects of constant scrutiny by the press and vigilant oversight by Congress according to Nixon v. Fitzgerald, 457 U.S. 731 (1982).  In United States v. Burr, 25 F. Cas. 30 (No. 14,692d) (CC Va. 1807) Chief Justice Marshall held that a subpoena duces tecum can be issued to a President. Thomas Jefferson protested strongly, and stated his broader view of the proper relationship between the Judiciary and the President:  "The leading principle of our Constitution is the independence of the Legislature, executive and judiciary of each other, and none are more jealous of this than the judiciary. The intention of the Constitution, that each branch should be independent of the others, is further manifested by the means it has furnished to each, to protect itself from enterprises of force attempted on them by the others, and to none has it given more effectual or diversified means than to the executive.  The immunity of executive privilege is limited to civil damages claims. Neither the doctrine of separation of powers, nor the need for confidentiality without more, can sustain an absolute, unqualified Presidential privilege of immunity from judicial process under all circumstances.  The President cannot, through the assertion of a broad and undifferentiated need for confidentiality and the invocation of an absolute, unqualified executive privilege, withhold information in the face of subpoena orders under Cheney v. U.S. District Court for the District of Columbia, 542 U.S. 367 (2004)

 

In the case of the president, or any executive or judicial officer wantonly abusing his trust, he is liable for impeachment.  In the Federalist Papers, Alexander Hamilton explained that the subject of impeachment would be those offenses which proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust. They are of a nature which may with peculiar propriety be denominated political, as they relate chiefly to injuries done immediately to the society itself. Impeachment is designed to bridle the executive if he engages in excesses. It is designed as a method of national inquest into the conduct of public men.   Impeachable offenses are those that (1) are extremely serious, (2) in some way corrupt or subvert the political and governmental process, and (3) are plainly wrong in themselves to a person of honor, or to a good citizen.  The nature of such offenses is that they are rather obviously wrong, whether or not ‘criminal’ and which so seriously threaten the order of political society as to make pestilent and dangerous the continuance in power of their perpetrator. The jurisdiction is to be exercised over impeachable offences, which are committed by public men in violation of their public trust and duties.  Those duties are, in many cases, political.  Strictly speaking, then, the power partakes of a political character, as it respects injuries to society in its political character.  Further, contemporary experts agree that there are different standards for impeachable and criminal conduct.  It is a fundamental principle that the House may impeach presidents for misusing government resources and agencies and for providing false information to the American public.  To date, the House has impeached two presidents; and the House Judiciary Committee approved articles of impeachment against a third president.  The presidents in question are: Andrew Johnson, Richard Milhaus Nixon, and William Jefferson Clinton.  Each of these occurred while the House was controlled by the political party in opposition to the president.

 

The 10 Commandments are the basis for command of the armed forces.  Military decisions should uphold these commandments in every instance. Military decision are invariably judged on the basis of their adherence to these words of God.  Neutral citation of the 10 Commandments is found in both Exodus 20:3-17 and Deuteronomy 5:7-21 where God spoke all these words:

 

1. You shall have no other gods before me. (Exodus 20:3)(Deuteronomy 5:7)

 

2. You shall not make for yourself an idol in the form of anything in heaven above or on the earth beneath or in the waters below.  You shall not bow down to them or worship them for I, the Lord your god, am a jealous God, punishing the children for the sin of the fathers to the third and fourth generation of those who hate me, but showing love to a thousand generations of those who love me and keep my commandments. (Exodus 20:4-6)(Deuteronomy 5:8-10)

 

3. You shall not misuse the name for the Lord your God, for the Lord will not hold anyone guiltless who misuses his name. (Exodus

20:7)(Deuteronomy 5:11)

 

4. Remember the Sabbath day by keeping it holy.  Six days you shall labor and do all your work, but the seventh day is a Sabbath to the Lord your God.  On it you shall not do any work, neither you, nor your son or daughter, nor your manservant or maidservant, nor your animals, nor the alien within your grates.  For in six days the Lord made the heavens and the earth, the sea, and all that is in them, but he rested on the seventh day.  Therefore the Lord blessed the Sabbath day and made it holy. (Exodus 20:8-11)(Deuteronomy 5:12-15)

 

5. Honor your father and your mother so that you may live long in the land the Lord your God is giving you. (Exodus 20:12)(Deuteronomy 5:16)

 

6. You shall not murder. (Exodus 20:13)(Deuteronomy 5:17)

 

7.You shall not commit adultery. (Exodus 20:14)(Deuteronomy 5:18)

 

8. You shall not steal. (Exodus 20:15)(Deuteronomy 5:19)

 

9. You shall not give false testimony against your neighbor. (Exodus 20:16)(Deuteronomy 5:20)

 

10. You shall not covet your neighbor’s house.  You shall not covet your neighbor’s wife, or his manservant or maidservant, hos ox or donkey, or anything that belongs to your neighbor.  (Exodus 20:17)(Deuteronomy 5:21)