People shouldn’t have their Social Security benefits withheld or have to repay past benefits if they don’t participate in Medicare Part A, a brief filed at the U.S. Supreme Court on Friday by the American Civil Rights Union (ACRU) argues. Written by ACRU General Counsel Peter Ferrara, the brief says the Social Security Administration overreached by issuing a manual that places an unlawful condition on recipients. The brief in Brian Hall v. Kathleen Sebelius asks the Court to issue a writ of certiorari to hear the case.

“Retirees who fail to enroll in, or who withdraw from, Medicare Part A would lose all of their Social Security benefits as a result,” the brief states. “These provisions do not even have the legal status of regulations, nor the force of law.”

Download the brief here. (PDF)