YOU HAVE NO LEGAL RIGHT TO YOUR SOCIAL SECURITY BENEFIT!
Did You Know About the U.S. Supreme Court Decision?
The Social Security Administration’s website states “…some people to suppose that their FICA payroll taxes entitle them to a benefit in a legal contractual sense…the Court rejected this argument…”
In other words, Congress has NO LEGAL OBLIGATION to pay your Social Security retirement benefit. Despite the mandatory deduction taken from your or your spouse’s paychecks for decades, you have no legal guarantee ANY of your benefits will be paid – period.
Worse, the Social Security trustees report projects the system will be insolvent by 2033, potentially forcing an automatic 23% cut in your benefits.
Not surprisingly, a 23% benefit cut is not what millions of retirees and near-retirees expected. All your working lives you’ve been promised Social Security for your golden years, not benefit cuts because Congress couldn’t be bothered to control spending.
Few seniors are aware of the 1960 U.S. Supreme Court case, Flemming v. Nestor, which decided Social Security benefits are not a contractual right. The Supreme Court said Congress has the power to reduce or even eliminate benefits at any time.
And the money you’ve paid into the Social Security Trust Fund through mandatory taxes are not protected or legally reserved for you.
Together, those mean your retirement security is only as stable as the political will in Washington.
60 Plus Association Fights for the “Social Security Guarantee Act” to Protect the Promise Made to America’s Seniors
In 2025, 60 Plus is working to get a new Social Security Guarantee Act introduced with a key change – the bill now specifies Social Security would be guaranteed for American Seniors at or near retirement.
It still fixes the glaring legal loophole leaving retirees and those near retirement vulnerable. The Act prohibits politicians from reducing the amount of Seniors’ Social Security check. It enshrines in law what so many seniors already assume is their right: full promised benefits.
Under the bill, American Seniors at or near retirement would receive a guaranteed benefit certificate, affirming that the government owes them the money they’ve earned through Social Security. This certificate serves as legal protection, a written assurance that benefits cannot be cut or withheld.
The legislation also mandates accurate annual cost-of-living adjustments (COLAs). These adjustments are essential to ensuring your Social Security keeps up with inflation and continues to provide real financial security.
Without this safeguard, even full benefit checks would lose their purchasing power over time. Losing purchasing power is, in effect, a cut.
Looming Insolvency Makes Now an Opportune Time to
Demand Passage of the Social Security Guarantee Act
As Congress debates long-term solutions to the national debt and budget shortfalls, one thing must be non-negotiable: a legal guarantee to those Americans who are at or near-retirement and have paid into the Social Security system their entire working lives. The promise of Social Security should be ironclad, not subject to politics or budgetary games.
The Social Security Guarantee Act is about fairness and honoring promises. It’s about ensuring Americans near or at retirement get what they were promised — not less. Congress must pass the Act, making Social Security benefits a legal right for Seniors, not a political talking point.
After all, these are not handouts; they are earned benefits, the result of decades of hard work and forced contributions. Seniors were told their Social Security payments were building a retirement fund. Now, they need to be assured those benefits won’t be denied.
DONATE TO SAVE YOUR SOCIAL SECURITY
2033/23% Source: Benefit Cuts of 23%—and 4 Other Things to Know About the Government’s New Social Security Projections | The Heritage Foundation
