this was my whole comment to the ssa. got this from someone who is much more into federal laws. though if one wants a headach one can easily look up and read all federal laws.
Quote:
The Social Security
Administration has no legal authority or obtains any jurisdiction to report any
beneficiary receiving benefits to the Attorney General who will report to the
National Instant Criminal Background Check System which is maintained by the
FBI. In fact in your proposal you explicitly cite, at a minimum, TWICE United
States law that would legally contradict your legal authority to report to the
Attorney General any beneficiary. Period.
On page 6 begins the terminology
which the SSA is attempting to use to report beneficiaries. It begins stating:
“The relevant section
of the DOJ Guidance discusses the Federal mental health prohibitor and the
relevant agency records with respect to that prohibitor as follows:”
DOJ’s third point, which is cited, immediately
ends your legal authority to report a beneficiary. It states on page 7:
“Third, ‘mental defective’ also does not
include a person whose adjudication or commitment was imposed by a federal
department or agency, and:”
You need to go no further in definition
within that section. “‘…‘mental defective’ also does NOT include a person whose ADJUSTICATION
or commitment was IMPOSED by a FEDERAL DEPARTMENT or AGENCY”. That would be you, the Social
Security Administration.
Regardless of that legal
definition and prevention which SSA falls under, on page 11 you state the
following:
“To comply with the
requirements of the NIAA, we propose to identify, on a prospective basis, any
title II or title XVI beneficiary whom we are required to report for inclusion
in the NICS because that person is subject to the Federal mental health prohibitor
as a result of our adjudication.”
Let me make your own words clear,
“…that person IS
SUBJECT to the FEDERAL MENTAL HEALTH PROHIBITOR as a RESULT of OUR
ADJUDICATION.”
Under United States Law, which you
cited, unambiguously prevents your
Agency from IMPOSING your ability to determine whether a person is adjudicated
mental defective. Which you are indeed attempting to do, in your words, ‘RESULT OF OUR ADJUDICATION’. You actually
state the terminology ‘OUR
ADJUDICATION’ many times throughout
this ‘Rule Proposal’.
In addition, the law which you
religiously reference as your legal obligation to follow, the reason this ‘Rule
Proposal’ exists, NIAA, unambiguously states:
Section
101. ENHANCEMENT OF REQUIREMENT
THAT FEDERAL DEPARTMENTS
AND AGENCIES PROVIDE RELEVANT INFORMATION TO THE
NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.
(c) STANDARD FOR ADJUDICATIONS AND COMMITMENTS RELATED TO
MENTAL HEALTH.
(1) No department or agency of the
Federal
Government
may provide to the Attorney General any record of an adjudication related to
the mental health of a person or any commitment of a person to a mental
institution if -
(C) “the adjudication or commitment,
respectively, is based solely on a medical finding of disability…”
I should not have to go any
further to show SSA does not have the legal obligation or authority to report
to the Attorney General a single beneficiary but I will cite one last section
of your ‘Rule Proposal’. Which again, unambiguously,
in your words, states you are well aware of your inability to execute this not
only accurately but also legally.
On page 13 you state the
following,
“We recognize that
there is no perfect fit between: (1) our adjudication regarding a claimant’s
entitlement to benefits and determination of whether to designate a
representative payee; and (2) the regulatory definition of an individual who is
subject to the Federal mental health prohibitor. Considering the relevant
regulatory factors, discussed above, however, we believe that there is a
reasonable and appropriate fit between the criteria we use to decide whether
some of our beneficiaries are disabled and require a representative payee and
the Federal mental health prohibitor.”
Again, unambiguously, in your words,
states you are well aware of your inability to execute this not only accurately
but also legally. “…we believe that there is a reasonable and appropriate fit…” does not fall under or protected
by any law within USC, for any federal government department or agencies
authority that their BELIEF holds ANY legal authority within the United States
of America.
In conclusion,
I BELIEVE that it is reasonable
and appropriate to unambiguously
state, the Social Security Administration has no legal authority, right or
obligation to determine whether any beneficiaries’ status falls under the legal
definition of ‘adjudicated mental defective’ under Title 18 U.S.C. 922(d)(4) or
(g)(4), due to their beliefs or their determination of whether a person is
disabled under their codes to receive benefits.
24 May 2016, 8:21 pm
