Calvo Fisher & Jacob’s Rodney Jacob testified before the Committee on Natural Resources of the U.S. House of Representatives at a remote hearing on July 28, 2021 titled “The President's FY22 Budget Priority for the Territories: Medicaid, SSI, and SNAP Parity.”
Jacob’s testimony focused on the real human impact that the denial of Supplemental Security Income (or SSI) benefits means for those living on Guam or even visiting for extended periods. Jacob testified about the case of Katrina and Leslie Schaller – twin sisters with the same debilitating illness -- whose lives have been dramatically affected for years by the government’s unfair and discriminatory policy. Katrina lives with her sister and brother-in-law Kim Fegurgur and Dr. John Fegurgur on Guam.
In December 2018, Kirkland & Ellis LLP, Calvo Fisher & Jacob LLP, and Farrell & Reisinger LLC filed two lawsuits against the Social Security Administration challenging the U.S. government’s policy of refusing to provide Supplemental Security Income (SSI) disability benefits to American citizens living on Guam.
The lawsuits were filed on behalf of twin sisters Katrina of Barrigada, Guam and Leslie of Greensburg, Pennsylvania. Both sisters who are now 48 years old live with myotonic dystrophy, a debilitating, degenerative genetic disorder that severely inhibits muscle function and other critical aspects of daily life. Although Leslie is able to live independently in Pennsylvania due to the essential aid she receives from SSI, Katrina is ineligible for the same SSI benefits received by her twin because she lives with her older sister and brother-in-law on the American island of Guam. Without SSI, Katrina’s ability to live more independently and contribute to her own care and support is severely impacted.
On June 19, 2020, Guam Chief U.S. District Judge Frances Tydingco-Gatewood ruled for Katrina Schaller on summary judgment, finding that “the equal protection guarantees of the Fifth Amendment forbid the arbitrary denial of SSI benefits to residents of Guam.”
However, the U.S. government continues to fight the case in court and Jacob was testifying in Congress on July 28 in support of legislation that would extend SSI benefits to the territories, including Guam, and end the unfair and discriminatory denial of benefits once and for all.
Excerpts from Jacob’s testimony:
“Katrina’s medical needs required her to live with the Fegurgurs, and so Katrina came to Guam in late 2008. The SSA terminated her benefits on January 1, 2009. What is even more heartbreaking is the story concerning twin sister Leslie who is in assisted living, for now. Katrina and Leslie Facetime each other every day. They have not seen each other since 2008 – a reunion is what they dream of every day. However, because Guam is not part of the United States for purposes of SSI, Leslie will lose her benefits if she travels to Guam for more than 30 days. She is physically incapable of a trip of that short of duration – as she suffers from the same debilitating disease that Katrina suffers from – and it is progressing.
Is this situation unfair? Of course it is. Is it wrong? Without question. Is it discriminatory? Absolutely. It is contrary to common sense, human decency and sound public policy to deny these important public benefits to a set of American citizens just because they live on Guam. But what is true, is that the harm on Guam is real, it is not hypothetical. It deeply affects real people – real Americans – here.
Chief Judge Tydingco-Gatewood of the US District Court for Guam found that United States’ application of SSI as to Katrina violated the Equal Protection Clause of the U.S. Constitution on grounds that the Commonwealth of the Northern Mariana Islands and Guam are similarly situated and there is no rational basis to treat residents of Guam differently. In essence, the Court found that a sixty-mile stretch of ocean could not be the basis of eligibility for this essential program intended to provide for those with serious medical and financial needs.
The United States has fought us every step of the way – on grounds that the Insular Case doctrine permits the gross and unfair discrimination against Katrina. They have appealed and the case is pending in the Ninth Circuit and has been stayed pending the outcome of the Supreme Court’s decision in the Vaello-Madero case.”
The link to the hearing can be found at https://m.youtube.com/
# # #
Full Testimony of Rodney Jacob
U.S. House of Representatives
Committee on Natural Resources
“The President's FY22 Budget Priority for the Territories: Medicaid, SSI, and SNAP Parity.”
July 28, 2021
Good morning from Guam.
I would like to thank Chairman Grijalva, Vice Chair Sablan, my representative from Guam, Congressman San Nicolas and to all serving on this Committee for inviting my testimony on this very important matter.
My testimony will focus on the real human impact that the denial of Supplemental Security Income (or SSI) benefits means for those living and involving Guam. I wanted to focus on one concrete example involving our national SSI program.
My name is Rodney Jacob. I am from Guam. I am an attorney.
I am also one of the lawyers who brought suit in the District Court of Guam to rectify a grave injustice to Katrina Schaller, and her sister and brother-in-law Kim Fegurgur and Dr. John Fegurgur – who are also Katrina’s guardians.
SSI is a program that provides financial assistance to low-income elderly, blind, or disabled Americans. It supports millions of qualified Americans throughout the fifty States, the District of Columbia, and the Commonwealth of the Northern Mariana Islands (which lies just 60 miles north of Guam).
Katrina and her twin sister, Leslie, were born in Pennsylvania in 1970. They both have myotonic dystrophy, which is a debilitating and incurable genetic disorder that causes long-term degeneration of muscle function. For most of her life, Katrina lived with her Mom in Pennsylvania. There, Katrina and Leslie applied for, and were granted, SSI benefits by the Social Security Administration. When their mother died in October 2007, Katrina had no other living family able to care for her other than her older sister and brother-in-law, Kim and Dr. John Fegurgur, who live here in Guam. Dr. Fegurgur was born and raised in Guam. He attended the University of Guam. And, he and his five brothers and sisters are part of a larger, deep rooted family on Guam.
And, John is a great doctor. He was the product of many high profile residency programs and could have had his choice of any medical career in the mainland or Hawaii. But, he chose his home – Guam, USA -- and he and Kim have raised three beautiful kids here – 2 in college and 1 about to be a senior in high school. But that choice to come home - would mean many years later that his family would have to make an anguishing choice because of the discriminatory application of SSI to Guam.
When they told the SSA official in Pennsylvania that Katrina would be relocating to Guam, the official told them that “the SSA would terminate Katrina’s benefits” if she moved “because residents of Guam are not eligible for SSI benefits.”
Katrina’s medical needs required her to live with the Fegurgurs, and so Katrina came to Guam in late 2008. The SSA terminated her benefits on January 1, 2009. What is even more heartbreaking is the story concerning twin sister Leslie who is in assisted living, for now. Katrina and Leslie Facetime each other every day. They have not seen each other since 2008 – a reunion is what they dream of every day. However, because Guam is not part of the United States for purposes of SSI, Leslie will lose her benefits if she travels to Guam for more than 30 days. She is physically incapable of a trip of that short of duration – as she suffers from the same debilitating disease that Katrina suffers from – and it is progressing.
Is this situation unfair? Of course it is. Is it wrong? Without question. Is it discriminatory? Absolutely. It is contrary to common sense, human decency and sound public policy to deny these important public benefits to a set of American citizens just because they live on Guam. But what is true, is that the harm on Guam is real, it is not hypothetical. It deeply affects real people – real Americans – here.
Chief Judge Tydingco-Gatewood of the US District Court for Guam found that United States’ application of SSI as to Katrina violated the Equal Protection Clause of the U.S. Constitution on grounds that the Commonwealth of the Northern Mariana Islands and Guam are similarly situated and there is no rational basis to treat residents of Guam differently. In essence, the Court found that a sixty-mile stretch of ocean could not be the basis of eligibility for this essential program intended to provide for those with serious medical and financial needs.
The United States has fought us every step of the way – on grounds that the Insular Case doctrine permits the gross and unfair discrimination against Katrina. They have appealed and the case is pending in the Ninth Circuit and has been stayed pending the outcome of the Supreme Court’s decision in the Vaello-Madero case.
Thank you.