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Health and Welfare (HAW)

 

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To amend Chapter 3 National Home for Disabled Volunteer Soldiers, to authorize a 5.2% COLA December 2011 and fixed 3% COLA thereafter, to pay for SSI with OASI FY2012, to finance a halfway house system with up to 7.7% of SSI, to legislate DI tax rate to 3.2% and OASI to 9.2% without increasing the 12.4% OASDI tax in the 113th Congress, to pass an acceptable Balanced Budget Amendment in the 112th Congress, to appoint a new Commissioner of Social Security, to limit the term of Commissioner to two years, to replace Administrative Law Judges (ALJ) and representative with licensed social workers and non-lawyer representatives, to authorize SSA to adjudicate legal and medical malpractice liability, to conduct a survey of SSA beneficiaries by race, to change the name of the Centers for Medicare, Medicaid and SCHIP (CMS) to National Health Insurance (NHI) and transfer NHI to SSA, to limit medical cost increases to less than 3%, to allow patients to refuse to pay for unnecessary, harmful and fraudulent medical treatment, to nationalize health insurance assets, to ratify ILO Conventions 132, 156 and 183, to afford a 1% FICA tax for international development, and to eliminate the income cap on Social Security contributions to guarantee all Americans an income of $1,000 a month.

 

Be the 112th Congress and Democratic and Republican (DR) dictator party Dissolved, Referred to the SSA Office of Chief Actuary  

 

Original draft County Poor Relief 2003, 1st15 September 2004, 2nd 1 June 2005, 3rd 18 June 2006, 4th 17 June 2007. 5th 12 June 2009, 6th 31 July 2010, 7th 17 August 2011

 

1.The practical spirit of  Title 24 US Code Chapter 3 National Home for Disabled Volunteer Soldiers, Subchapter V Battle Mountain Sanitarium Reserve, §151-154 to settle claims to land under §153 and to 
issue a $1,000 fine to redress the unlawful intrusion of reserves or violation of rules and regulations under §154 is readily applied to the settlement of claims.  After a record 5.8% COLA in 2008 Supplemental
Security Income (SSI) beneficiaries have been receiving the extremely cruel rate of $674 ($666) a month and the usual annual Cost-of-Living-Adjustment has not come for three years 2009-2011.  SSI
administrative costs have fraudulently soared to 7.7% of program costs. Badly abused SSI residency reporting requirements are abolished for people making less than $1,000 a month.  SSI is fined up to 
7.7% to finance a halfway house system.  The Consumer Price Index (CPI) reports there was 1.6% inflation in 2010 and 3.2% in 2011 wherefore beneficiaries must be given another 5.2% increase that will 
bring SSI into the clear with $709 a month.  To relieve the General Fund the SSI program will be financed by the Old, Age, Survivor Insurance (OASI) Fund in FY 2012 and in FY 2013 from the DI fund after 
the 113th Congress has legislated a DI tax rate of 3.2% and OASI rate of 9.2% without increasing the overall 12.4% OASDI tax until after FY 2020 when costs are predicted to exceed revenues.  To amend 
the OASI tax rate for employees to 4.6% under 26USC(C)(21)(A)§3101(a) and 4.6% for employers 26USC(C)(21)(A)§3111(a) and DI tax rate to 3.2%, 1.6% for employees and 1.6% for employers 
under 42USC(7)II§401 (b)(1)(S) (Title II §201 SSA) without increasing the overall 12.4% OASDI tax-rate in 26USC(A)(2)§1401.  The 112th Congress was dissolved by the unwise 2% OASI tax relief passed 
in December 2010 on the condition that the General Fund would reimburse OASDI, $90 billion.  HA and the Actuary have independently found that the Commissioner must be impeached.  In the 2011 
Report the Actuary was in error to require the incompetent Congress to do the calculus he was incapable of doing.  HA has done the math and the law and the Actuary must take responsibility for the 
microeconomic imperative of paying HA $1,000 a month and 5.2% COLA for the macroeconomic ease of paying SSI with OASDI for a less than 3% of GDP deficit FY 2012 as dissolved HA-1-7-11   

 

OASI + DI +SSI Tax Rate = 12.4% OASDI Tax Rate (billion) FY2012

 

OASDI Tax

Payroll  Revenues

Total Revenues

Total Costs

Change in Fund

Fund

2011 12.4%

654.8

807.7

738.4

69.3

2,678.2

OASI 10.6%

572.8

700.7

605.6

95

2,524.1

DI 1.8%

82.0

107.0

132.8

-25.8

154.1

2012 12.4%

720.7

866.8

822.7

44.1

2,722.3

OASI 9.2%

534.7

671.4

633.0

38.4

2,562.5

DI+SSI 3.2%

186.0

195.4

189.7

5.7

159.8

2. The Economic Security Act (ESA), first enacted August 14, 1935 is compiled as the Social Security Act in 21 Titles, §1-§2110 and codified at Title 42 of the United States Code Chapter 7 Subchapters I-XXI §301-§1397jj.  Its original purpose was “to provide for the general welfare by establishing a system of Federal old-age benefits, and by enabling the several States to make more adequate provision for aged persons, blind persons, dependent and crippled children, maternal and child welfare, public health, and the administration of their unemployment compensation laws; to establish a Social Security Board; to raise revenue; and for other purposes”.  The Act underwent two major revisions to establish disability insurance in 1956 and medical insurance in 1965.  Although there are some discrepancies, the Act and Code are for all intents and purposes identical.  For neutral citation one must cite both Act and Code.  The lesson of the current Commissioner is that the lawyers, have risen to their highest level of incompetence, and to protect the economy from more devastation and improve professionalism all Administrative Law Judges (ALJs) must be replaced with licensed social workers and the Social Security Act must be amended at 42USC(7) II§406 (Title II §206 SSA) for social worker and non-social worker representatives.  The Social Security Administration Office of Disability Adjudication and Review Hearings, Appeals and Litigation Law Manual (HALLEX) needs to be edited to portray the role of the social worker.  ALJs need to be replaced with licensed social workers government-wide.  The term of the Commissioner needs to be amended from the 6 year term written in 2001 to precedential 2 year term under 42USC(7)VII§902(a)(3) (Title VII §702). 

 

Commissioners of Social Security 1946-present

 

Arthur J. Altmeyer July 16, 1946-April 10, 1953

John A. Svahn May 6, 1981 to September 12, 1983

William L. Mitchell (Acting) April 11, 1953 to November 23, 1953

Martha A. McSteen (Acting) September 14, 1983 to June 25, 1986

John W. Tramburg November 24, 1953 to July 31, 1954

Dorcas R. Hardy June 26, 1986 to July 31, 1989

Charles I. Schottland August 23, 1954 to December 31, 1958

Gwendolyn S. King August 1, 1989 to September 30, 1992

William L. Mitchell February 4, 1959 to April 3, 1962

Louis D. Enoff (Acting) October 1, 1992 to July 18, 1993

Robert M. Ball April 17, 1962 to March 17, 1973

Lawrence H. Thompson (Acting) July 19, 1993 to October 7, 1993

Arthur E. Hess (Acting) March 18, 1973 to October 24, 1973

Shirley S. Chater October 8, 1993 to February 28, 1997

James B. Cardwell October 25, 1973 to December 12, 1977

John J. Callahan (Acting) March 1, 1997 to September 28, 1997

Don I. Wortman (Acting) December 13, 1977 to October 4, 1978

Kenneth S. Apfel September 29, 1997 to January 20, 2001

Stanford G. Ross October 5, 1978 to December 31, 1979

William Halter (Acting) January 21, 2001 to March 28, 2001

Herbert R. Doggette (Acting) January 1, 1980 to January 2, 1980

Larry G. Massanari (Acting) March 29, 2001 to November 9, 2001

William J. Driver January 3, 1980 to January 19, 1981

Jo Anne B. Barnhart November 9, 2001 to February 11, 2007

Herbert R. Doggette (Acting) January 20, 1981 to May 5, 1981

Michael J. Astrue November 12, 2007 to present

Source: SSA

 

3. Social Security is the primary social safety net for the poor, aged and disabled.  In 2008 social security revenues from old age, survivors and disability insurance contributions represented 6.34% and expenditures 5.77% of the $13.85 trillion GDP.  162 million workers, 54% of the 300 million population, had earnings covered by a 13.85% in social security taxation, 6.2% OASDI tax on the first $94,200 of earnings and 1.45% Medicare tax on all wages. Self-employed individuals paid 12.4% on OASDI and 2.9% on Hospital Insurance.  One-in-six Americans receives a Social Security benefit.  At the end of 2008, almost 51 million people were receiving benefits: 35 million retired workers and dependents of retired workers, 6 million sur­vivors of deceased workers, and 9 million disabled workers and dependents of disabled workers. Social Security is virtually the only income for about one third of senior citizens and 90% of senior citizens receive benefits.  Total benefits paid in 2008 were $615 billion. Total income was $805 billion, and assets held in special issue U.S. Treasury securities grew to $2.4 trillion. In 2008 Medicare and Medicaid served 87 million people at a combined cost of $602 billion, 52 million Medicaid beneficiaries costing $305 billion and 42 million Medicare beneficiaries at a cost of $295 billion, and assets rose to $338 billion.  Medicaid pays approximately 1 in 5 health care dollars and 1 in 2 nursing home dollars, its cost is split between State and Federal governments with the federal share ranging from 50-75%.  In 2008 state agencies collected $32.2 billion in state unemployment taxes, and paid $42.9 billion in Federal and state unemployment benefits to 8.9 million beneficiaries.  During FY 2009 state agencies are expected to collect $36.7 billion in state unemployment taxes and to pay $102.9 billion in Federal and state unemployment benefits to 12,000,000 beneficiaries. 

 

Social Security Administration Balance Sheet 2008-2012 (in millions)

 

2008

2009

2010

2011

2012

Social Security Administration (on-budget) OMB

58,602

78,657

85,108

80,933

77,304

Social Security Administration Budget Justification

86,712

87,974

Social Security Administration (off-budget) OMB

599,197

648,892

683,867

708,620

738,430

Social Security Administration Income

819,000

848,000

900,000

946,000

Social Security Administration Expenses

683,000

709,000

735,000

773,000

Social Security Administration Savings

137,000

139,000

155,000

175,000

Social Security Administration Assets

2,203,000

2,340,000

2,479,000

2,634,000

2,809,000

 

4. There are a myriad of other public and private welfare programs in the United States.  The most important are the Food Stamp Program and Temporary Assistance for Needy Families (TANF).  The number of food stamp beneficiaries has risen 22.5% from 31 million to 38 million between November 2008 and 2009 at a cost of $53.6 billion in 2009.  The number of TANF beneficiaries has declined dramatically from a high of nearly 14.2 million in 1993 to little less than 5 million in 2003 as the Personal Responsibility and World Opportunity Reconciliation Act (PRWORA) of 1996 coerced families with children to work.  In 2004 an estimated 14 million parents had custody of 21.6 million children under 21 years of age while the other parent lived somewhere else.  28% of children live in single parent household as the result of the dramatic increase in divorce rate to 50% of all marriages in the 1990s.  In 1999 there were 2.2 million marriages and 1.1 million divorces.  Only 10% of children living with both parents were below the poverty line whereas 40% living with only one parent were below the poverty line.  Children living only with their mothers were twice as likely to live in poverty as those living only with their fathers.  In 2001, 6.9 million custodial parents were due an average of $5,000.  An aggregate of $34.9 billion of payments were due and about $21.9 billion (62.6%) were received, averaging $3,200 per custodial-parent family, another $900 million were volunteered by parents without current awards or agreements.


Description: Description: Figure 1

 

5. The U.S. is the only industrialized nation that does not have a universal health insurance system and allows the biohazard of medical b(k)illing.  Health spending per capita in the US private health insurance system, at $5,777, is the highest in developed countries -- 24% higher than in the next highest spending countries, and over 90% higher than in many other countries that would be considered global economic competitors.  The share of GDP devoted to health grew from 8.8% of GDP in 1980 to 15.2% of GDP in 2003. Despite the high cost, the U.S. tends to lag behind its peers in many vital statistics.  An estimated 47 million people, 15% of the population, are uninsured.  Average annual premiums for employer-sponsored coverage in 2006 were $4,242 for single coverage and $11,480 for family coverage.  These premiums often increase twice as fast as wages, much like health prices in general.  Out of pocket expenses for deductibles, co-pays and spending limits vary from plan to plan, and can be considerable.  Furthermore when a person becomes chronically disabled as the result of illness or retires and ceases to pay premiums, the health benefits in private plans cease.  Barring catastrophic injury a person is unlikely to recoup as much as one tenth of what they spend on health insurance.  The inflation in medical costs, including premiums, and especially easily controlled government health expenditures must be limited to no more than 3% per year.  To reduce spending, Medicare and Medicaid need to limit cost increases, and most of all stop paying for unnecessary, involuntary and harmful medical procedures at the request of the patient.  The dramatic increase in the Department of Health and Human Services spending under the Recovery Act, rising from $700 billion in 2008 to $796 billion in 2009 to a projected $911 billion in 2012, needs to be reversed and agency spending growth limited to 3% from 2008, $718 billion in 2009, $736 billion in 2010 and $754 billion in 2011 and $773 billion 2012. 

 

6. Government benefit programs, with personally identifying health and welfare information, need to be transferred away from the bio-medical research laboratories and epidemiological surveillance of the PHS, to improve national bio-safety and bio-security.  DHHS needs to graduate to a Public Health Department (PHD) upon the release of the DEA (Drug Evaluation Agency) from DOJ and completion of toxicology 101.  The massive government medical insurance program and other mandatory benefit programs need to be transferred from DHHS to the supervision of SSA as implied by the Social Security Act that will need some minor amendments to reflect the recusal of the Secretary to the role of vital statistics.  Medicare, Medicaid, Children’s Health Insurance, TANF, Foster Care and Adoption Assistance, Child Support Enforcement, Child Care, the Social Services Block Grant and other Mandatory Programs and claims adjudication all need to be transferred to SSA and/or an independent Social Work Administration (SWA) that would also incorporate the Agency on Aging and the Substance Abuse Mental Health Administration.  The Centers for Medicare Medicaid and SCHIP (CMS) must change their name.  CMS caused a recession when it was created in 2001 that did not stop until the suicide attacks of 9-11.  CMS is sexist, incites militant feminism and is unsuccessful.  The term National Health Insurance (NHI) is recommended as a pre-requisite for the transfer of CMS to SSA.  Ultimately the goal of this acquisition by SSA would be to pay medical staff reasonable wages and buy medical supplies at reasonable prices that don’t inflate more than 3% annually to Immediately Achieve Single Payer Universal Coverage and Progressively Realize National Health Insurance that is Free for All HA-28-4-08. 

 

7. Socialism is primarily the result of the secularization of the charitable sentiments of the Church.  The American Revolution (1775-1783), heavily financed by the French monarchy, was led by wealthy landowners whose democratic philosophy, is upheld by the liberal theory of Adam Smith’s Wealth of Nations (1776).  The French Revolution (1789-1799) on the other hand, was a political uprising of the starving poor steeped in the philosophy of Voltaire and Rousseau’s Social Contract (1762) whereby the people would meet regularly in assemblies; contributing to an inappropriately named ‘General Will’ that outlawed all inequality and privilege, but incited guillotining and adventurism.  Karl Marx (1818-1883) defined various stages of social development whereby “Primitive communism” means collective ownership and use of goods at a very low technological level.  “Slavery” means private ownership by individuals of land and human beings.  “Feudalism” means control, but not ownership, of lands and serfs, chained to land, by kings and landlords.  Under “capitalism” land is bought and sold, industrial technology is bought and sold, which become more important than land, and work is bought with wages.  Colonialism was considered a side-effect of capitalism.  “Socialism” as defined by the Soviet Union means social ownership of the means of production, with continued differences in wages according to the work done, and purchase of consumer goods for private use.  “Communism” is said to mean social ownership plus sharing of goods according to “need” with no wages or prices. 

 

8. The redistribution of wealth by Social security payroll tax is exclusively a money transfer to the poor that needs to be better protected by social workers.  Social security has carved a permanent place in a liberal democracy for socialism to peacefully redistribute the wealth from rich to poor, both domestically and internationally.  In the Soviet Union the concept of ‘social work’, as it was called, involved doing an unpaid shift for some worthy cause or serving on a trade union committee and for academics and professionals, it might include giving evening lectures to workers.  Social work is a new scientific discipline and profession in Russia and generally there is not a very strong tradition of international social science publication among Russian academics.  In the United States, United Kingdom and Western Europe the social work profession and academic discipline evolved in the 19th century to fill the demand for secular, scientific, charity work and came into its own at the dawn of the 20th century, much like the socialist party, but without any weakness for violent revolution.  It is time now, at the beginning of the 21th century for the right of the social worker to be elected to civil and administrative law judgeships to be fulfilled and poverty eliminated.  Ultimately, whereas there are an estimated 35 million people who need between $100-1,000 a month to earn the poverty line costing $15-28 billion a month or $180-336 billion annually and SSA earned a profit of $156 billion in 2006 without taxing income above $97,500, SSA had eliminated the taxable income limit and guaranteed all Americans the poverty line.  Furthermore to end world poverty and income inequality, estimated to be eliminated by the end of the century, a new 1% social security tax will be levied for international development.  There should be no one with an income below the national poverty line industrialized nations and no one with an income less than $2 a day in developing nations.         

 

9. The Great Recession of 2009 has had a significant impact upon the economy, particularly federal and state budget deficits and the unemployment rate.  The social safety net in place from Great Depression has prevented the financial and economic crisis from becoming a famine in industrialized nations.  In many developing nations, particularly those without energy resources to exploit, who, as the result of currency manipulation by industrialized bank obsessed nations and no fault of their own, have suffered serious humanitarian setbacks and the number of people suffering from hunger around the globe is estimated to have risen from 650 million to 1.2 billion.  In the U.S., following the EUs lead, the Bush administration withdrew $700 billion from the free relatively high employing stock market by means of special government bonds and invested this money in ultra-low employing financial institutions who didn’t want the money, after HA terminated service.  Unemployment jumped from less than 5% to over 9%.  To make matters worse the incoming President printed another $770 billion Recovery Act to finance States, who were only demanding $97 billion.  As long as the financial sector bailouts cease the economy will recover.  There was a 1.4% economic growth rate in 2010 after the markets has compensated for the Recovery Act bailout and then in December 2010 Congress secretly and unwisely conspired to give workers 2% relief in OASI tax at the expense of the General Fund incurring a decline in employment in January and sovereign debt downgrade in July, but the 3.1% of GDP deficit was insured with $100 billion in offshore tax evasion receipts and it should not be difficult to enforce a less than 3% of GDP deficit as directed in Federal Budget in Balance FY 2011: Comparison of Bush and Obama HA-28-2-10

 

Effects of Spending Limit, Revenue and Health Measures 2009-2012 (in millions)

 

2009

2009 s

2010

2010 s

2011

2011 s

2012

2012  s

Effect of Agency Spending Limits

Total Outlays

3,517,734

3,724,122

3,720,657

3,016,901

3,833,909

3,194,830

3,754,874

3,139,660

Total Receipts

2,105,000

2,105,000

2,165,000

2,165,000

2,567,000

2,567,000

2,926,000

2,926,000

Total Deficit

-1,412,734

-1,619,122

-1,555,657

-851,901

-1,266,909

-627,830

-828,874

-213,660

% GDP

9.8%

11.3%

10.6%

5.8%

8.2%

4.1%

5.1%

1.2%

Total Public Debt

11,876,000

12,082,000

13,787,000

13,289,000

15,144,000

14,008,000

16,336,000

14,584,000

% GDP

83.4%

84.7%

94.3%

90.9%

99.0%

91.6%

100.8%

90.0%

Effect TARP Termination

NA

NA

NA

NA

200,000

200,000

NA

NA

TARP Termination Effect on Deficit

NA

NA

NA

NA

-1,066,909

-427,830

NA

NA

% GDP

NA

NA

NA

NA

6.9%

2.8%

NA

NA

TARP Termination Effect on Debt

NA

NA

NA

NA

14,944,000

13,808,000

16,136,000

14,384,000

% GDP

NA

NA

NA

NA

97.6%

90.3%

99.6%

88.7%

Effect of Revenue Provisions + TARP

No on Make Work Pay Extension

NA

NA

NA

NA

30,132

30,132

31,075

31,075

No on Information Reporting Tax

NA

NA

NA

NA

-326

-326

-1,029

-1,029

Total Effect of Revenue Provisions

NA

NA

NA

NA

29,806

29,806

30,046

30,046

Revenue Provision Effect on Total Deficit

NA

NA

NA

NA

-1,036,000

-398,000

-799,000

-184,000

% GDP

NA

NA

NA

NA

6.7%

2.6%

4.9%

1.1%

Revenue Provision Effect on Public Debt

NA

NA

NA

NA

14,914,000

13,778,000

16,106,000

14,354,000

% GDP

NA

NA

NA

NA

97.5%

90.1%

99.4%

88.6%

Effect of Health Care Proposals + TARP + Rev.

Social Health Insurance Plan

NA

NA

NA

NA

-75,000

-75,000

-80,000

-80,000

 Effect of Social Health on Deficit

NA

NA

NA

NA

-1,111

-473,000

-909,000

-294

% GDP

NA

NA

NA

NA

7.2%

3.1%

5.6%

1.8%

Total Effect of Social Health on Debt

NA

NA

NA

NA

14,989,000

13,833,000

16,186,000

14,434,000

% GDP

NA

NA

NA

NA

97.9%

90.5%

99.9%

89.1%

National Health Service

NA

NA

NA

NA

688,000

688,000

709,000

709,000

Effect of NHI on Deficit

NA

NA

NA

NA

-379,000

+261,000

-119,000

+495,000

% GDP

2.5%

+ 1.7%

0.7%

+ 3.1%

Effect NHI on Debt

NA

NA

NA

NA

14,256,000

13,120,000

15,427,000

13,875,000

% GDP

NA

NA

NA

NA

93.2%

85.8%

95.2%

85.6%

 

10. The fulfillment of human rights is the absolutely most critical issue for economic governance.  Economists often talk of deficit spending during a recession and the need for consumerism.  This is good only insofar as spending goes to satisfy genuine human rights to such things as food, shelter, social insurance, education and beneficial work.  Bailouts of the financial sector or excessive subsidizing of the health sector are not affordable and are mathematically and morally antagonistic to the economic recovery of a society of individuals and families.  Deficits flourish as the result of negligence regarding human rights abuses.  In a democracy it is the people who are sovereign.  Unless the government redistributes tax revenues efficiently to the poor, inequality and brutality subvert the economy, and no one has any desire or ability to contribute to such a totalitarian dictatorship.  Balancing the budget is the primary act of good government.  A balanced budget indicates the large scale financing of waste, fraud and abuse has been minimized and there is enough money and wisdom to satisfy the human rights of the people.  The best examples in recent history are the Balanced Budget Act of 1997 (Public Law 105-33) and the Balanced Budget Refinement Act of 1999.  These Acts, having limited Defense spending to less than $300 billion for the duration of the 1990s focused mostly on limiting fraudulent and wasteful medical spending.  At the time that the Constitution came into effect, the United States had a significant debt, primarily associated with the Revolutionary War. As early as 1798, Thomas Jefferson wrote, “I wish it were possible to obtain a single amendment to our Constitution...an additional article taking from the Federal Government the power of borrowing”.  Several balanced budget Amendments were proposed in 1982, 1997 and twice in 2005 and in 2011 another highly defective version was introduced and has been filed as edited below in Amendment II of the Annotated Constitution of the United States.

 

Section 1. Prior to each fiscal year, the President shall transmit to the Congress a proposed budget for the United States Government for that fiscal year in which total outlays do not exceed total receipts.

 

Section 2. Total outlays for any fiscal year shall not exceed total receipts for that fiscal year, unless three-fifths of the whole number of each House of Congress shall provide by law for a specific excess of outlays over receipts by a rollcall vote.

 

Section 3. No bill to increase revenue shall become law unless approved by a majority of the whole number of each House by a rollcall vote.

 

Section 4. The limit on the debt of the United States held by the public shall not be increased, unless three-fifths of the whole number of each House shall provide by law for such an increase by a roll-call vote.

 

Section 5. The Congress shall enforce and implement this article by appropriate legislation, which may rely on estimates of outlays and receipts

 

Sanders, Tony J. Book 3: Health and Welfare (HaW). 166 pgs. Hospitals & Asylums HA-17-8-11. www.title24uscode.org/haw.doc

Test Questions www.title24uscode.org/hawtest.doc