Olympia, WA asked in Banking, Civil Litigation, Contracts and Estate Planning for Washington

Q: Why are the individuals retirement funds held in a trust deprived their due process rights? SSA is a dictatorship?

Why does the us constitution not apply to the personal property of the US citizens retirement funds deposits in the SSA trust. The fact remains this is the personal property of each individual who had earned income and payed FICA tax. Regardless of the unlawful acts the bonds subject the burden on the entire working taxpayers. Seeing the similarities of taking funds from the taxpayers checking account and writing a post dated check from their account adding interest and subjecting the account holder to the liability. The Fact remains this is neither the US government or the SSA property, this is the funds deposited in a trust account for one purpose alone. The use of these funds to pay for debts past, present or future that are not the liability of the account holder is unlawful. The US citizen is not protected by the us constitution thus denied due process. Having no legal means by representation fraud continues unabated. SSA is above reproach as is the president and Congress.

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Estate Planning Lawyer
  • Sacramento, CA

A: The Social Security Administration (SSA) operates under a framework established by law, which includes contributions from workers' earnings through the Federal Insurance Contributions Act (FICA) tax. These contributions fund Social Security benefits, including retirement, disability, and survivors' benefits. The system is designed as a social insurance program, not a traditional trust or savings account where individual contributions are held in reserve for each contributor.

The U.S. Constitution does apply to the operations of the SSA, and the rights of citizens are protected under the law. The structure of the Social Security program is based on current workers funding the benefits of current retirees, known as a pay-as-you-go system. This structure has been upheld by the Supreme Court and is not considered a deprivation of due process rights.

While concerns about the sustainability and management of Social Security funds are valid and widely debated, the use of Social Security taxes to pay current benefits is lawful under the statutes that govern the program. Individuals who have concerns about the administration of Social Security or believe their rights have been violated can seek redress through various legal channels, including contacting their elected representatives, utilizing the SSA's appeals process, or seeking judicial review.

It's important for discussions on Social Security and its funding to be informed by an understanding of the legal and operational framework of the program. If you have specific concerns or questions about your rights or benefits under Social Security, consulting with a legal professional can provide guidance tailored to your situation.

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