Notch Reform Bulletin: Illegal Work Rewarded, But Notch Babies Told They’re Treated Fairly

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Notch Reform Bulletin: Illegal Work Rewarded, But Notch Babies Told They’re Treated Fairly

Are non-citizens who worked illegally more entitled to full Social Security benefits than law-abiding Notch Babies? That’s the message the Social Security Administration (SSA) appears to be sending with a policy that allows immigrants who work illegally to later use that unauthorized work history to claim Social Security benefits. (See “Social Security Pays Benefits for ‘Illegal Work’” at http://www.tscl.org/NewContent/102013.asp).

Social Security’s Inspector General says that, “although non-citizens may be residing and working illegally in the United States, they are contributing their labor, paying required taxes, and accumulating an earnings record with Social Security in the same manner as legal workers. SSA’s policy of allowing such workers who obtain legitimate Social Security numbers to recreate their earnings records to receive SSA benefits is drawn from the Agency’s mission, history, and understanding of the Social Security Act, rather than from lack of concern for immigration law.”

If these noble sentiments of equity are to be believed, then the Social Security Administration would also surely be moving with utmost haste to make a long-overdue correction to the Notch—right? Notch Babies formed the bulk of the fighting forces of WWII and served the war effort at home. Notch Babies spent their lifetimes working and paying taxes—LEGALLY. Yet 20 years after Notch Babies started to retire, the government still debates the issue. In fact, the SSA has maintained for years that no injustice was done and that Notch Babies receive all the benefits to which they are entitled.

Our government’s refusal to admit error, however, is a huge injustice. According to the findings of respected economist John Haldi, 1977 Social Security law changes had flaws that were aggravated by the economic conditions that followed shortly after enactment. Neither the new nor the transitional benefit formulas performed the way government economists expected.

For our government to reinstate earnings of non-citizens for illegal work while denying rightful benefits to seniors who, through no fault of their own, received benefits that were significantly lower than anticipated, is a slap in the face. TSCL believes that many Members of Congress will agree. We ask you to help us make them aware of this “benefits for illegal work” policy and to ask for their co-sponsorship of legislation that more appropriately fulfills the “mission, history and understanding of the Social Security Act,” that being The Notch Fairness Act.

November 2003