No Comprendo: Federal Government Approved “Disability” Payments to Puerto Ricans Who Cannot Speak English . . . in Puerto Rico

220px-US-SocialSecurityAdmin-Seal.svgJust when you think that the federal government could not be more moronic in the spending of money, you read a story like this. The Social Security Administration (SSA) has been approving disability benefits for hundreds of Puerto Ricans because they do not speak English. However, these “disabled” individuals are living in a predominantly Spanish-speaking territory. Having worked for the Puerto Rico House of Representatives years ago, the story seemed to me a belated April Fool’s joke but it appears to be true.

The Office of Inspector General (OIG) found that the SSA was misapplying a rule that is intended to provide financial assistance to individuals who are illiterate or cannot speak English in the United States. Under the rules, Puerto Ricans are allowed to receive disability benefits for their inability to speak English as well. I am not sure of the basis for the original rule as a form of disability, but speaking Spanish in Puerto Rico should have been obvious to anyone as not a disability — even in the often twisted logic of bureaucrats. However, the SSA decided that a person applying for disability in Puerto Rico who cannot speak English “may increase his/her likelihood of receiving disability benefits.” What is equally bizarre is that the agency does not even keep track of how many beneficiaries who receive disability insurance for not being able to speak English.

The OIG located 218 such cases of Puerto Ricans were awarded disability due to “an inability to communicate in English.” This included hearings where people were asked to speak, read, write, and understand English. (That itself would appear a curious hearing since the person needs only fail to respond to English and not read or write in English to presumably show this particular “disability.”).

Once again, however, there is no indication that anyone will be fired or disciplined in any way for this waste of money.

141 thoughts on “No Comprendo: Federal Government Approved “Disability” Payments to Puerto Ricans Who Cannot Speak English . . . in Puerto Rico”

  1. People who worked for 45 years paid into the SS sytem for 45 years, it’s their money. If you think it’s other people’s money, then one should turn down SS when it’s time to collect it or one becomes disabled in their older years after working most of their lives.

  2. Isn’t this the same agency who has over 6.5 million social security records of persons 112 and over still active in their system? This is also the same agency who awarded a child social security benefits even though her father died before she was conceived; the mother became pregnant by using her late husband’s sperm and then upon birth of the child filed for survivor benefits.

  3. In the scheme of things, while this Puerto Rican fiasco is a travesty, it pales in comparison to the frightening increase of people on disability in the last 5 years. But, it is shocking stories like this that will get taxpayers attention. And, then they might read the more important news of wholesale giveaways by this Administration. The Puerto Rican stuff is really small potatoes compared to what is going on in all 50 states. The problem is taxpayers are becoming fewer, and takers are becoming greater. It is an insidious problem that needs TOUGH measures.

    1. Nick – you remember all those people who fell off the unemployment rolls and just disappeared? Well, a chunk of them are getting SSI.

  4. Hmmmm… For about 20-years now virtually every phone call to a business in this country results in the prompt “Press 2 for Spanish”… My ATM makes me choose English or Spanish… My TV has 28 habla espanol channels 24/7… and my children’s schools have multiple classrooms where Spanish is the primary language! To say not speaking English is a hindrance to gainful employment anymore is farcical.

    Oddly enough, I don’t have a real problem with the criteria in the continental United States… but to apply the same exact standard in Puerto Rico is just another blatant example of government bureaucrats and oversized bureaucracy being… frankly… stupid.

    Stuff like this is happening each and every day in every agency of our government. The wasteful spending and lack of accountability has us borrowing almost a million dollars a minute… seven days a week…

    Seriously… How long can the incompetency continue before the American People wake up and realize just how dire our financial situation is?

  5. “SSI and Disability has been opened up to all by this Administration.”

    As one who works at a law firm that regularly represents disability claimants before the SSA, I can say that I have experienced the exact opposite here in the midwest. It seems as though someone from the top has mandated that tougher standards be imposed since Obama took office.

    I have, however, witnessed firsthand some of the fraud on the system, although I think it is overblown generally speaking. Personally, I meet with prospective claimants and sort of have my own credibility test in how genuine their complaints are. A large number of cases come down to just that before the ALJ.

    Also, I would like a citation under the Social Security Act, regulations, or rule that “Puerto Ricans are allowed to receive disability benefits for their inability to speak English.”

  6. The discussion is about the criteria regarding the ability to speak English. No one is disputing that there are more people recieving disabilty as of 2014. However we need to take into consideration that baby boomers are aging and becoming disabled in greater numbers every year. I don’t know if this is the sole reason more people are on disability, but it IS a factor.

    http://www.socialsecurity.gov/OACT/ProgData/icp.html

    Above link goes to SSA showing numbers of people on SS, SSI or SSDI over the years.

    1. Ingannie

      Pick up the phone and call 1 800 772 1213 and listen to the recording of how many Americans are receiving Social Security Benefits. You will hear the Number 50,000,000,000 and if you speak with the representative I spoke with they will tell you that is a conservative estimate.

      1. happypappies – are you sure that number shouldn’t be 50,000,000?

        1. Paul C Schulte 50 000 000. Yeah ————— I was thinking in Dollars and cents. Sorry Fifty Million

  7. http://www.socialsecurity.gov/OP_Home/cfr20/404/404-1564.htm

    (5) Inability to communicate in English. Since the ability to speak, read and understand English is generally learned or increased at school, we may consider this an educational factor. Because English is the dominant language of the country, it may be difficult for someone who doesn’t speak and understand English to do a job, regardless of the amount of education the person may have in another language. Therefore, we consider a person’s ability to communicate in English when we evaluate what work, if any, he or she can do. It generally doesn’t matter what other language a person may be fluent in.
    ********************
    It is one of 6 “educational vocational” criteria. And that is just one segment of the disability application process. The physical impairment must also be proven by a medical history, diagnostic tests, etc. The inabilty to speak English could be the final deciding factor though, which again doesn’t seem fair to English speakers.

  8. “The truth shall make you free.” There are a good number articles written about the enormous uptick in the welfare state under Obama, indeed a transformational President!! I’ve read several. The one I would recommend is one in the Baltimore Sun, a fairly good liberal newspaper. It’s dated 4/3/13. The title of the article is, Disability Entitlement Explodes Under Obama. When Obama took office, 40% of the population was on some type of public assistance. In 2013 the figure was 55%!! 15% increase in less than 5 years! Fraud is rampant. The trust fund for regular people who worked their entire lives and paid in to SS, is being depleted by this new cult following of people getting on the dole. There are many other edifying pieces for folks to read. I am merely the messenger. So, cultists will attack the messenger. I investigate disability fraud for a living. There has always been fraud under every President. Private insurers are also defrauded. But, this is a new and damaging erosion of what remains of the social contract. That social contract is being honest and not taking what does not belong to you. When you have a President encouraging people to break the social contract, for political purposes, we are in big trouble. There will be a backlash, folks.

  9. In the essential American CONTEXT, within the parameters of which the Constitution provides for governance, you will find NO, ZERO (0), redistribution of wealth in any form or control of the “means of production.”

    Redistribution of wealth in any form is omitted in the Preamble and not any part of the American thesis. Redistribution is not considered by the Constitution because redistribution was previously precluded by the Preamble. Redistribution does not exist in the domain of, in the eyes of, the Constitution. Charity is private enterprise.

    *****

    Preamble

    “We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.”

  10. Note, this has been going on since the 1970’s. It’s not a new criteria under Obama. Having said that, I think it’s unfair to English speakers and educated disability applicants.

    1. Wiki Said 1967

      Disabled – Being deemed disabled consists of meeting the general disability definition used by the Social Security Administration:

      “Disability means inability to engage in any SGA [substantial gainful activity] by reason of any medically determinable physical or mental impairment which can be expected to result in death, or has lasted or can be expected to last for a continuous period of not less than 12 months.”

      “The 1967 amendments specified that workers shall be determined to be under a disability only if the physical or mental impairment or impairments are of such severity that the individual is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy. This is regardless of whether any of these are true:

      http://en.wikipedia.org/wiki/Supplemental_Security_Income

  11. http://oig.ssa.gov/audits-and-investigations/audit-reports/A-12-13-13062

    “QUALIFYING FOR DISABILITY BENEFITS IN PUERTO RICO BASED ON AN INABILITY TO SPEAK ENGLISH

    The Social Security Administration (SSA) uses a five-step sequential evaluation process for determining whether a claimant qualifies for disability benefits. In claims that reach the last step in the process, adjudicators use medical-vocational guidelines (grids) developed in the 1970s to guide them in deciding a claimant’s physical and vocational abilities to adjust to work in the national economy.

    When deciding a case under the grids, adjudicators evaluate a claimant’s physical capacity to work along with age, education, and work experience. The ability to speak, read, write, and understand English is considered an educational factor. A claimant’s inability to communicate in English can lessen the relevance of work experience and education, potentially making it more likely the claimant will receive disability benefits.

    The objective of our audit was to analyze the effect of regulations requiring that disability adjudicators allow a disability claim based on a claimant’s inability to understand the English language for claimants residing in Puerto Rico.”

  12. Jim,
    I don’t think that’s correct. I have heard it’s one of the criteria that is considered in making the final favorable or not favorable decision along with the physical disability.

  13. Ingannie – “To be clear, it’s not considered a disability in itself to not speak English, but the disability applicant is given preference over English speakers and even educated applicants, as it is thought that they have a more difficulty finding sedentary work. So if you are an uneducated non English speaking disability applicant, you are given preference over English speaking, more educated disability applicants.”

    That’s not the way JT states it.

    “Under the rules, Puerto Ricans are allowed to receive disability benefits for their inability to speak English as well.”

  14. I know, I am wrapped in a “Christian Cocoon” lol

    However, I do have to apologize as I had a conversation this morning. I did not understand the young woman was an “employee”. But….. Still think it’s highly suspect. DBQ I had my thread Cancelled in error and did not even get this article and was scrambling for Pizza articles. so… Sorry.

  15. Yep – a minority Group –

    The history of the ADA did not begin on July 26, 1990 at the signing ceremony at the White House. It did not begin in 1988 when the first ADA was introduced in Congress. The ADA story began a long time ago in cities and towns throughout the United States when people with disabilities began to challenge societal barriers that excluded them from their communities, and when parents of children with disabilities began to fight against the exclusion and segregation of their children. It began with the establishment of local groups to advocate for the rights of people with disabilities. It began with the establishment of the independent living movement which challenged the notion that people with disabilities needed to be institutionalized, and which fought for and provided services for people with disabilities to live in the community

    http://dredf.org/news/publications/the-history-of-the-ada/

  16. Oh and one last thought, this isn’t a new thing, it’s been happening for long before Obama became President. The SSI and SSDI qualifications haven’t changed.

    1. There is definitely a Liberal and Neoconservative Agenda going on here. I believe it started with George HW Bush and his New World Order

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