Founding Attorney
Immigration status can impact eligibility for those seeking benefits under the Social Security Disability Insurance (SSDI) program. While SSDI provides support to individuals who can no longer work due to a disability, there are specific guidelines based on immigration status. This blog provides an overview of SSDI eligibility for non-U.S. citizens, the application process, and key points to remember.
Who Qualifies for SSDI as a Non-U.S. Citizen?
Social Security Disability Insurance (SSDI) primarily assists those with a work history in the United States. SSDI benefits are generally available to U.S. citizens, but certain non-U.S. citizens may qualify if they meet specific criteria. The Social Security Administration (SSA) recognizes several types of non-citizens as eligible for SSDI, provided they meet residency and work requirements.
- Permanent Residents (Green Card Holders)–Permanent residents, or those holding green cards, can qualify for SSDI if they have enough work credits in the U.S. and meet other eligibility requirements.
- Certain Refugees and Asylees–Refugees, asylees, and some humanitarian-based immigration statuses are eligible for SSDI even if they lack permanent resident status.
- Noncitizens with Work Authorization–Some noncitizens, such as those holding valid work visas, may qualify if they have paid into Social Security through payroll taxes over the required number of years. Typically, this includes H-1B visa holders and other employment-based visa types.
Understanding these eligibility categories can make a big difference in preparing for an SSDI application.
Work Credits: What Non-U.S. Citizens Need to Know
Work credits are the cornerstone of SSDI eligibility for citizens or non-citizens. For most applicants, this means having worked and paid Social Security taxes for a certain number of years before their disability. The work credit requirement varies based on age:
- Under Age 24–Typically, younger applicants must have earned six credits (or worked about 1.5 years) in the three years before becoming disabled.
- Ages 24 to 31–Applicants in this range need credits for working half the time between the age of 21 and when they became disabled.
- Over Age 31–Those over 31 need at least 20 credits earned in the 10 years immediately before their disability.
Work credits accumulate with paid Social Security taxes and do not expire. Once someone has the necessary credits, they are “insured” for SSDI purposes.
Applying for SSDI as a Non-U.S. Citizen
Applying for SSDI as a non-U.S. citizen is similar to the process for citizens. However, non-U.S. citizens must provide additional documentation verifying their immigration status and work history. Here’s a breakdown of steps:
- Collect Required Documents: Gather proof of disability, work history, and immigration status, such as your Social Security number, work records, medical records, and any documentation regarding your immigration status (e.g., green card, work visa).
- Submit Your Application: You can apply online, by phone, or in person at a local Social Security office.
- Attend Required Appointments: Non-citizen applicants may be asked to attend additional verification meetings to ensure all information is accurate.
- Follow Up on the Decision: The SSA may request further information after submission. Be prepared to respond promptly to any inquiries.
Common Challenges for Non-U.S. Citizens Applying for SSDI
Although non-U.S. citizens can qualify for SSDI, some unique challenges may arise during the application process. Understanding and preparing for these potential obstacles can increase the likelihood of success:
- Immigration Document Verification–Non-U.S. citizens must submit additional documents to prove they meet SSDI’s legal residency requirements, and any documentation issues can delay processing.
- Changes in Immigration Status–SSDI eligibility is contingent upon maintaining valid status. If a work visa expires or an individual loses their resident status, it may impact their benefits.
- Work Credit Shortfalls–Those who recently immigrated might not have enough work credits to qualify. While some individuals may qualify through a spouse’s or parent’s work credits, eligibility is limited.
Can SSDI Benefits Impact Immigration Status?
Many non-U.S. citizens worry about how receiving SSDI might impact their immigration status. Fortunately, receiving SSDI benefits does not generally affect one’s residency status or path to citizenship. SSDI benefits are based on a history of work and paid Social Security taxes, which means they do not fall under public assistance programs that could risk an applicant’s standing under “public charge” grounds.
When to Contact an Attorney
The SSDI application process can be complex, especially for non-U.S. citizens. If you are facing difficulties or have questions about how your immigration status affects your eligibility, consulting a Social Security Disability attorney can provide clarity and support. Grech Law Firm is here to explain your rights and confidently guide you through the SSDI application process. Contact us today to schedule a free consultation and discuss how we can assist with your claim.