Most of the time non-citizens are not eligible for disability benefits because of the welfare reform legislation that was signed on August 22, 1996. However, there are a few complicated exceptions. If you are a non-citizen and wish to receive disability benefits, you can contact one of our Boise Social Security disability lawyers
You may be eligible for disability benefits if you were admitted for permanent residence under the Immigration and Nationality Act and if you have worked long enough to have at least forty quarters of work. Work that is done by a parent or spouse may also qualify you. You could also qualify if you are blind and disabled and were in the United States lawfully on August 22, 1996.
with questions.If you are an American Indian who was born outside the United States and are under section 289 of the INA or if you are a member of a federally recognized Indian tribe under section 4(e) of the Indian-self Determination and Educational Assistance Act, you could be eligible. Another way you could be eligible is if you are admitted as a refugee. The seven year limit applies even if the non-citizen’s status changes to lawfully admit for permanent residence.
If you are a non-citizen who is granted asylum under section 208 of the INA you could still be eligible. SSI eligibility is limited to the first seven years after asylum is granted. This seven year limit applies even if your status changes to lawfully admitted for permanent residence. Another way you can qualify if you are a non-citizen whose deportation has been withheld under section 243(h) of the INA as in effect prior to April 1, 1997 or if your removal has been withheld under section 241(b)(3) of the INA. SSI eligibility is limited to the first seven years after deportation or removal is withheld. The seven year limit applies even if the non-citizen’s statues changes to lawfully admitted for permanent residence. However, there is no time limit if you also meet different requirements. Public law 110-328 also extended the time limit by two or three years.
If you are a Cuban or Haitian entrant as defined in section 501(e) of the Refugee Education Assistance Act of 1980, then you could also qualify. SSI eligibility is limited to the first seven years after entrants status is granted. As before, the time limit still applies even if your status changes to lawfully admitted for permanent residence. However, it does not apply if you can meet certain other requirements.
You could apply for Social Security disability if you are admitted to the United States as an Amerasian immigrant under section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act.
You could also qualify if you are an active duty member of the United States Armed Forces (this doesn’t count if you are only admitted for training purposes) or if you are honorably discharged from the Armed Forces and the discharge has nothing to do with the fact that you are a non-citizen. The above two could still qualify you if you are the spouse or the unmarried widow or widower or if you are the unmarried dependent child of a member of one of the two groups.
Even if you qualify per the above, you may still have to meet other requirements, such as you must be lawfully admitted for permanent residence under the INA. You must also be a refugee under section 207 of the INA, an asylee under section 208 of the INA, or a person whose deportation is withheld under section 243(h) of the INA as in effect prior to April 1, 1997. You might also have to be a non-citizen, or a non-citizen parent of a child or a non-citizen child of a parent who has been battered or subjected to extreme cruelty in the U.S. by a spouse, parent or certain other family member and been determined to need SSI because of this abuse.
Social Security disability eligibility for Non-citizens is very complicated. If you think you might qualify, you can contact one of our Boise Social Security disability lawyers for further help in getting your claim approved.
Originally posted 2013-12-19 17:04:25.