#1 A judge has ruled seniors who decline federal medical coverage forfeit Social Secur
03-26-2011, 04:49 AM
- Join Date
- Aug 2005
Entitled' to chains.
...Bureaucrats' Health-Care Horror
Forced into Medicare: A judge has ruled that seniors who decline federal medical coverage also forfeit Social Security.....but repay all benefits previously received.
The Constitution grants only to Congress the power to legislate. There is no greater threat to our delicate system of government than when federal courts allow unelected bureaucrats to make up their own laws. Yet last week, federal Judge Rosemary Collyer did just that.
The ruling has ominous implications for ObamaCare, enacted one year ago but not yet in full effect: This decision would allow the "health reform" law to become even more Orwellian than it already is, without any action from Congress.
In a case where I served as chief attorney for the plaintiffs, Judge Collyer allowed to stand three internal rules of the Social Security Administration that make receipt of Social Security retirement benefits contingent upon enrollment in Medicare. Plus, a person who withdraws from Medicare would not only have to give up Social Security retirement benefits, but repay all benefits previously received.
All the plaintiffs had paid into Social Security and Medicare throughout their working lives. They were eligible for both programs, but they didn't want to enroll in Medicare because they had their own savings and health-insurance programs that they preferred.
Three of the plaintiffs had Federal Employee Health Benefits, and two of them had health-savings accounts. Two plaintiffs have ample savings and high-deductible health-insurance policies. None of the plaintiffs sought to get any of their Medicare taxes back; they simply don't want to enroll in Medicare -- but do desire their Social Security retirement benefits.
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