Average Joe SCOTUS: Babcock v. Kijakazi

This is a case about retirement benefits. But before you nod off, let me tell you about it.

David Babcock joined the National Guard back in 1970, served over 3 years, then went to flight school to become a pilot. But flying wasn’t his one true love, making planes flyable was. So he want back to the guard, and ended up as a technician who worked on planes for a civilian group, while he was still enlisted. He also spent a couple years in Iraq form 2004-2005.

When Babcock retired in 2009, he got money from the Civil Service Retirement System (CSRS) and from the military’s Defense Finance and Accounting Service. (DFAS)

Once he fully retired in 2014, Social Security was like, “Here’s your benefits fuckface. But we’re reducing them because you’re getting so much scratch from the CSRS and the DFAS.”

So Babcock was like, “Hold the fuck on, you assholes. According to the Windfall Elimination Provision (WEP), I should be exempted from you not giving me full benefits. I was fucking active duty military. You aren’t supposed to be doing that shit to us.”

The Windfall Elimination Provision, is basically a rule SSI has to say, “Hey look, if you’ve got money falling out of your asshole, you don’t need full SSI benefits. So we’re going to steal the money you paid into the system, and give it to some other dumb fuck who did nothing to earn it. OK?”

But generally, they don’t do this to active duty military, because they fucking risked their lives for these assholes who send them to every war-torn shithole the president or congress doesn’t like. So that’s Babcock’s beef.

The state however, is trying to say that a “Dual Service Technician” which is what Babcock was, isn’t the same as other military. Yes, he was in the military, but he was essentially a private contractor. The government fucking loves a technicality it can use to fuck someone in the neck.

Well, anyway. SSI didn’t see fit to agree Babcock was the type of military personal that should be exempted, and despite Babcock’s appeal, an Administrative Law Judge (ASL) sided with the assholes at SSI.

So now SCOTUS is being asked to decide if a dual status employee is still military for purposes of the military exemption of the windfall provision.

According to 8 out of 9 justices, it is not. He was a friend of the military, but he wasn’t out there risking getting his ass shot off. As the law was written by congress, he’s unfortunately fucked. But thank you for your assistance in the effort.

Gorsuch, the lone dissenter was like, “You other eight justices are being dicks to this poor motherfucker. He was invaluable to the war effort, he deserves to get paid.”

Hear oral arguments and read about the case here.

Drop some genius on me here.

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s