The Social Security Administration (SSA) provides 2 types of benefits for disabled individuals. To determine whether you qualify for Title II benefits (SSDI) rather than Title XVI of benefits (SSI) depends upon your employment history. The test to see if you qualify based upon your disability is the same for both type of benefits.
The first issue to determine is the workers status. If he is neither a citizen nor a permanent resident, the worker may be entitled to receive SSDI if he can show that he is lawfully present in the United States and meets certain other criteria. (8 U.S.C. § 1611(b)(2)).1
Most foreign workers in the United States who work and pay taxes on their wages are covered under the U.S. Social Security program and therefore potentially qualify for disability benefits. This is true even if they are not citizens or permanent residents..
The next consideration is the worker's earnings or lack of earnings. In order to be eligible for SSDI there is a basic concept – you must have worked and paid Social Security taxes. Payment of such taxes earns the worker social security “credits”. A worker can earn a maximum of up to 4 “credits” in a year. As a thumbnail, a worker needs to have worked 5 of the past 10 years to obtain the right to apply for SSDI benefits, in other words having worked and earned sufficient credits within the requisite number of years, the worker has earned an “insured status”. ( 20 CFR § 404 contains the regulations for SSDI benefits.)
What if the worker has not achieved an insured status? Then consideration turns to SSI benefits. The first issue is the worker's status. To be eligible for SSI benefits a worker needs to be a resident of the United States (§ 416.1603), and—
(1) A citizen or
a national of the United States (§ 416.1610);
(2) An alien lawfully admitted for permanent residence in the United States (§ 416.1615);
(3) An alien permanently residing in the United States under color of law (§ 416.1618)2; or
(4) A child of armed forces personnel living overseas as described in § 416.216.
(2) An alien lawfully admitted for permanent residence in the United States (§ 416.1615);
(3) An alien permanently residing in the United States under color of law (§ 416.1618)2; or
(4) A child of armed forces personnel living overseas as described in § 416.216.
In addition the worker must qualify under 20 CFR § 404.202 , i.e. he is (1) Aged 65 or older;
(2) Blind; or (3) Disabled.
Lastly, since SSI is a safety net program there be income and property limitations that need be considered because they may reduce or eliminate the right to receive a full payment or any payment.
This is a complicated area of the law, especially when SSI benefits are involved. It is a necessity to have the assistance of an attorney.
1 8 U.S. Code § 1611 - Aliens who are not qualified aliens ineligible for Federal public benefits
Notwithstanding any other
provision of law and except as provided in subsection (b) of this
section, an alien who is not a qualified alien (as defined in
section 1641
of this title) is not eligible for any Federal public benefit (as
defined in subsection (c) of this section)....
(1)
Subsection (a) of this section shall not apply with respect to the
following Federal public benefits:
(A)
Medical assistance under title XIX of the Social Security Act [42
U.S.C. 1396
et seq.] (or any successor program to such title) for care and
services that are necessary for the treatment of an emergency
medical condition (as defined in section 1903(v)(3) of such Act [42
U.S.C. 1396b
(v)(3)])
of the alien involved and are not related to an organ transplant
procedure, if the alien involved otherwise meets the eligibility
requirements for medical assistance under the State plan approved
under such title (other than the requirement of the receipt of aid
or assistance under title IV of such Act [42
U.S.C. 601
et seq.], supplemental security income benefits under title XVI of
such Act [42
U.S.C. 1381
et seq.], or a State supplementary payment). …...
(2)
Subsection (a) of this section shall not apply to any benefit
payable under title II of the Social Security Act [42
U.S.C. 401
et seq.] to an alien who is lawfully present in the United States as
determined by the Attorney General, to any benefit if nonpayment of
such benefit would contravene an international agreement described
in section 233 of the Social Security Act [42
U.S.C. 433],
to any benefit if nonpayment would be contrary to section 202(t) of
the Social Security Act [42
U.S.C. 402
(t)],
or to any benefit payable under title II of the Social Security Act
to which entitlement is based on an application filed in or before
August 1996.
(3)
Subsection (a) of this section shall not apply to any benefit
payable under title XVIII of the Social Security Act [42
U.S.C. 1395
et seq.] (relating to the medicare program) to an alien who is
lawfully present in the United States as determined by the Attorney
General and, with respect to benefits payable under part A of such
title [42
U.S.C. 1395c
et seq.], who was authorized to be employed with respect to any
wages attributable to employment which are counted for purposes of
eligibility for such benefits....
