Attorney General Platkin Joins Amicus Brief Supporting Efforts to Defend Social Security Against Illegal Trump Administration Cuts to the Social Security Administration

For Immediate Release: April 15, 2025

Office of the Attorney General
– Matthew J. Platkin, Attorney General

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TRENTON Attorney General Matthew J. Platkin joined a coalition of 20 other states filing an amicus brief supporting an injunction to block the Trump Administration’s reckless and unlawful layoffs and closures at the Social Security Administration, which have jeopardized continued Social Security payments for millions of Americans.

The brief supports the plaintiffs in American Association of People with Disabilities v. Dudek and was filed today in the United States District Court for the District of Columbia.

“Instead of protecting the Social Security benefits that millions of Americans count on every day, President Trump and Elon Musk are taking a wrecking ball to the Social Security Administration.  Because of these reckless and illegal cuts, New Jerseyans are now facing unacceptable disruptions and delays to their Social Security benefits,” said Attorney General Platkin. “New Jerseyans deserve better than to have their retirements thrown into chaos by an unelected billionaire who is destroying a critical safety net with zero accountability for his actions. We will continue to stand up for New Jersey residents and the retirements that they have earned, and we will continue to defend Social Security against these damaging attacks.”

As the amicus brief filed today explains, millions of Americans receive monthly benefits through Social Security retirement, survivor, and disability benefits. But the actions of Elon Musk, Dudek, and DOGE have threatened to send the Social Security Administration into a death spiral. The Trump Administration has conducted indiscriminate layoffs without regard for how the cuts will impact SSA’s ability to provide core services. And it has planned to shut down Social Security offices that provide vital services for retirees and individuals with disabilities. All the while, Dudek and DOGE have failed to offer any coherent justification for their erratic actions, pointing instead to debunked misinformation about purported fraud, waste, and abuse.

The amicus brief explains that Musk has falsely claimed that SSA pays out $100 billion annually in improper payments, referring to SSA as a “Ponzi scheme.” Trump has falsely insisted that tens of millions of people over 100 years old were receiving Social Security checks. This is false. Less than 1 percent of total benefits paid between 2015 and 2022 were improper, according to the SSA’s Inspector General’s Office. Of those improper payments, most were due to mistakes or delays, rather than false information to obtain undeserved benefits. Dudek himself has rejected the notion that deceased people are receiving benefits.

The amicus brief explains that staff cuts are exacerbating Social Security’s problems, rather than improving its efficiency. About 2,800 employees have already retired or taken early buyouts promoted by DOGE. SSA and DOGE are planning even further cuts, despite administrative costs only amounting to 0.5 percent of its budget. Having fewer workers has led to longer lines at field offices and longer wait times on phones. In 2025, callers have waited 50 percent longer on hold before speaking to a representative. Online users are faring no better after several website crashes. The Office of Transformation, responsible for managing the website, is in the midst of laying off roughly half of its information technology staff.

For many Americans, Social Security benefits make it possible to meet their most basic needs, including food, shelter, and health care. Social Security is a vital lifeline for retirees.  Social Security also provides critical benefits for individuals with disabilities.  Social Security is also the pathway for eligibility for a number of other vital safety net programs, including Medicaid, Medicare, and Supplemental Nutrition Assistance.

Plaintiffs claim the staffing cuts and reorganization measures have delayed benefits and limited SSA’s ability to meet the needs of beneficiaries with disabilities in violation of section 504(a) of the Rehabilitation Act of 1973, the Administrative Procedure Act, and the First and Fifth Amendments. The amicus brief supports their request for a preliminary injunction.

Joining Attorney General Platkin on the brief are the attorneys general of  Arizona, California, Colorado, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, New York, Oregon, Rhode Island, Vermont, and Washington.

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