topic Re: Regarding Congressional obligations to pay social security benefits... in Social Security

Regarding Congressional obligations to pay social security benefits...

DrBBLS — Thu, 19 Mar 2026 04:32:51 GMT

Everyone might want to read this recent editorial from MarketWatch and Morningstar here - - https://www.morningstar.com/news/marketwatch/2026031757/social-security-benefit-cuts-are-coming-and-they-will-hit-current-retirees-hard. A 1960 Supreme Court ruling in Fleming vs. Nestor established the principle that entitlement to Social Security benefits is NOT a contractual right. The Court based its decision on section 1104 of the 1935 Social Security Act, entitled "RESERVATION OF POWER", which specifically states, "The right to alter, amend or repeal any provision of this Act is hereby reserved to the Congress." While some might think that this reservation is unconstitutional, the above Supreme Court ruling settled this issue in Fleming vs. Nestor. Denying or wholly removing benefits is neither unconstitutional nor an entitlement. The Supreme Court ruling here - https://www.ssa.gov/history/nestor.html

While it's true, according to the SSA Trust Fund, that the fund will be depleted by 2033, which is only 7 years away, Congress has no contractual obligation to continue benefits or fund the trust based on Fleming vs. Nestor. The entire Trust Fund board is made up of only Trump appointees with both public trustee spots vacant, none of which bodes well for the future of social security benefits.

Therefore, anyone who thinks, hopes or wishes that under any administration our Social Security benefits are safe is sadly mistaken. More on the current Social Security Trust Fund here - https://en.wikipedia.org/wiki/Social_Security_Trust_Fund

IMHO, the above is something that AARP might consider broadcasting far and wide prior to the mid-term elections because, in the end, it's up to voters to elect a Congress that will honor its obligations and fiduciary responsibility to all who work and have worked in the U.S. and were forced to pay for the promise of future Social Security benefits. Concomitant to notifying the American public of the above, an accompanying option is for AARP to use its considerable political clout and formally challenge Fleming vs. Nestor though judicial processes. Just sayin...

Re: Regarding Congressional obligations to pay social security benefits...

DanielH900075 — Thu, 19 Mar 2026 17:35:28 GMT

Your link to the Morningstar article doesn't work.

Re: Regarding Congressional obligations to pay social security benefits...

SereneSeagull — Thu, 19 Mar 2026 18:18:57 GMT

Why are you clicking on the link of someone you don’t know? I would suggest not doing that. 👍😊

Re: Regarding Congressional obligations to pay social security benefits...

GailL1 — Sat, 21 Mar 2026 16:09:25 GMT

I don’t know why it was taken down but there is another one up again today - supplied by MarketWatch (paid subscription) posted by the Dow Jones Market Wire - these are mostly articles int advertising niche for investing - Scare the beneficiaries into upping their investing to protect from any future benefit reductions if Congress does not act.

It won’t be those that have other investments that hurt the most if Congress does not act - it will be those who have little to no other retirement savings and boy, do we have a lot of those.

https://www.morningstar.com/news/marketwatch/20260321158/social-security-benefit-cuts-are-coming-and-they-will-hit-current-retirees-hard

Now to the OP’s major point - can Social Security benefits be cut when the Trust Fund runs out of reserve funds - yes, by law they can be and we are already paying out more than we are taking in - look at the balance sheets for the last few years.

SSA.gov - Trust Fund Data 1957 - 2024

Hopefully the 2025 data will be available next month.

Will Congress act? Does it matter if they do or don’t? Some people think that it will be “saved” at the last minute - What I think makes little difference but I think it might be too late at that point cause there will also be other areas that are also in financial problems. We are broke and the thought that the reserve that the SS Trust Funds have are invested in US special Treasures, do not console me.

How about you ?