Gardberg & Kemmerly, P.C. Attorneys at Law

Permanent Residents and Disability

Permanent Residents and Disability

To qualify for Social Security Disability Insurance (SSDI), a noncitizen must meet the following requirements: 1) They must have a Social Security number that was assigned to them on or after January 1, 2004 authorizing them to work in the U.S., or they must have a non-immigrant visa that is a B-1, D-1, or D-2, 2) They must be able to prove that they are in the U.S. lawfully in any given month for which benefits would be paid through SSDI, and 3) They must be able to satisfy all other eligibility criteria for receiving SSDI benefits, including the technical and medical requirements.

The qualifications for Supplemental Security Income (SSI) benefits are even more complicated. Noncitzens may be eligible for SSI if they meet the following criteria: 1) They were lawfully residing in the U.S. on August 22, 1996 and are blind or disabled; or 2) They were receiving SSI on August 22, 1996 and are lawfully residing in the United States; or 3) They were lawfully admitted for permanent residence and have a total of 40 credits of work in the United States. A Claimant who entered the United States after August 22, 1996 may not be eligible for SSI for the first five years as a lawfully admitted permanent resident even if he or she has 40 credits of earnings. Some noncitizens' SSI benefits are limited to seven years.

Noncitizens who are veterans or active duty members of the U.S. military are also eligible for disability benefits. When a noncitizen applies for SSI, he or she must prove their noncitizen status. The U.S. has International Social Security agreements when several countries that allows benefit protection for workers who divide their careers between the U.S. and another country.

For more information on permanent residents and Social Security disability, contact an experienced Social Security disability attorney at Gardberg & Kemmerly, P.C. today at 251-343-1111 for a free case evaluation. Gardberg & Kemmerly, P.C. represents Social Security disability claimants in Alabama, Mississippi, Florida, and Louisiana at all levels of the disability process from initial application to appeals to Federal Court.

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