To: The United States House of Representatives, The United States Senate, and President Donald Trump
Remove Unconstitutional Earnings Limit for Minor Social Security Recipients
Most people know Social Security makes payments to retirees. But it also makes payments to children under the age of 18 if their parent passes away. Social Security also imposes what is called an "earnings limit" on * recipients under full retirement age (69.5 years) including minors, because they assume Social Security benefits replace your working income, and so if you have working income, Social Security isn't needed.
In the case of minors with a deceased parent, the Social Security payment received by the child is from payments made by his parent, and is paid on behalf of that parent in their absence. (Unlike early retirees, the Social Security payment was never intended to replace the recipient's income, where an earnings limit makes more sense.) In all 50 states it is illegal for a parent to withhold support to a minor child - it is considered neglect. Yet Social Security is allowed to do exactly that even though they are acting in place of the parent. Therefore Social Security Survivor recipients under the age of 18 are not being given the same protections under the law as other minors. This is a violation of the 14th Amendment to the Constitution, which requires equal treatment under the law. The earnings limit on minors receiving Social Security is therefore unconstitutional, and yet the law exists. The earnings limit law must be amended to give justice to orphans. Please sign!
In the case of minors with a deceased parent, the Social Security payment received by the child is from payments made by his parent, and is paid on behalf of that parent in their absence. (Unlike early retirees, the Social Security payment was never intended to replace the recipient's income, where an earnings limit makes more sense.) In all 50 states it is illegal for a parent to withhold support to a minor child - it is considered neglect. Yet Social Security is allowed to do exactly that even though they are acting in place of the parent. Therefore Social Security Survivor recipients under the age of 18 are not being given the same protections under the law as other minors. This is a violation of the 14th Amendment to the Constitution, which requires equal treatment under the law. The earnings limit on minors receiving Social Security is therefore unconstitutional, and yet the law exists. The earnings limit law must be amended to give justice to orphans. Please sign!
Why is this important?
I am starting this petition, because in 2017, after my then 12-year-old son (whose father passed away in 2010) spent 14 months in a Broadway show (which he of his own initiative auditioned for and got the role), I was told by Social Security that I would have to repay every dime I received to support him from his father’s death benefit, for all 24 months of 2016 and 2017. (Also, in compliance with the law, he paid taxes on this death benefit and yet the IRS is not required to pay back those taxes even though we have to repay the money the taxes were taken from.)
The earnings limit is particularly hard on people in the entertainment industry and other temporary jobs, because benefits can be removed for entire years even though the working income received is months long. Also, the earnings limit is a violation of a child's civil rights because it is the only situation I could find where it was legal to force a minor child to essentially support themselves. In all 50 states and even in a Supreme Court ruling, it is not legal for a parent to withhold support for a minor child for any reason. Yet Social Security, with money paid by a parent and supporting a child on behalf of that parent, is allowed to withhold support. Since orphans are not being treated with the same protections under the law as other minors, I believe this violates the 14th Amendment and is therefore unconstitutional.
I thank you for considering this petition. Current earnings limits laws put even further hardships on already struggling families who have lost not only a loved one but their vital source of income. Social Security was designed to protect these families. Please sign so Social Security lives up to this promise and so future families in this situation do not have to suffer this hardship.
The earnings limit is particularly hard on people in the entertainment industry and other temporary jobs, because benefits can be removed for entire years even though the working income received is months long. Also, the earnings limit is a violation of a child's civil rights because it is the only situation I could find where it was legal to force a minor child to essentially support themselves. In all 50 states and even in a Supreme Court ruling, it is not legal for a parent to withhold support for a minor child for any reason. Yet Social Security, with money paid by a parent and supporting a child on behalf of that parent, is allowed to withhold support. Since orphans are not being treated with the same protections under the law as other minors, I believe this violates the 14th Amendment and is therefore unconstitutional.
I thank you for considering this petition. Current earnings limits laws put even further hardships on already struggling families who have lost not only a loved one but their vital source of income. Social Security was designed to protect these families. Please sign so Social Security lives up to this promise and so future families in this situation do not have to suffer this hardship.