short term disability for pregnant wife (cr-1)

[jswalker86 0]

Hi everyone!

Me and my wife will be having a baby this February and she will still be a conditional resident when we have the baby. My question is this, can my wife get short term disability? I know we're not supposed to get government assistance, but I don't know if it is or not or if she would qualify since she's a cr-1. If anyone could help me out it would be greatly appreciated

Jason

[canadian_wife 1,829]

Why does she need short term disability?

good luck

[NigeriaorBust 4,087]

Is she working and paying into disability insurance ? In California that would be the deciding factor. Insurance collection is fine

[GlobeHopperMama 95]

Should be fine. Whether you or an employer are paying for the short-term disability coverage on her behalf, or even if it's State-provided, there should be no problem. It's not considered a means-tested benefit as it's a system each taxpayer is considered to pay into. Only means-tested benefits are prohibited for recent immigrants.

[NigeriaorBust 4,087]

If he is the only one working then there is no disability insurance for her. What work would she be disabled from ? It is all a question about if she is covered through her work.

[DandT14 272]

Why does she need short term disability?

good luck

Maternity leave falls under the category of disability, at least in California, and I assume in most states.

[Glyn and Kathy 288]

Is she working now? What state do you live in? SSDI she wouldn't be able to collect from as she hasn't been working (if she is) long enough to have gotten enough quarters in and you can only collect from SSDI if it is considered a long term disability which pregnancy is not. I would think her only chance is private disability insurance or if your state has something. Good luck.

[belinda63 3,047]

I'm not aware of any short term disability program that you haven't actually purchased. Maybe a little clarification of what you are referring to?

[Thomas and Kristi 17]

Hi everyone!

Me and my wife will be having a baby this February and she will still be a conditional resident when we have the baby. My question is this, can my wife get short term disability? I know we're not supposed to get government assistance, but I don't know if it is or not or if she would qualify since she's a cr-1. If anyone could help me out it would be greatly appreciated

Jason

Hi there, I actually work in private disability. Unfortunately, we don't deal a lot with this issue. I did some research for you and if I'm reading the information correctly, they are only concerned with those who use the benefit long term and for replacement of regular income for extended amount of time. Since I don't think she'll be terminally pregnant (although I don't know you....so maybe she will be ) she should be fine for receiving a disability income for a short amount of time.

The Field Guidance for Deportability and Public Charge states (Click the name for the actual document):

..."public charge" means an alien who has become (for deportation purposes) or who is likely to become (for admission/adjustment purposes) "primarily dependent on the government for subsistence, as demonstrated by either (i) the receipt of public cash assistance for income maintenance or (ii) institutionalization for long-term care at government expense." Institutionalization for short periods of rehabilitation does not constitute such primary dependence.

For more information, please see the attached FAQ from USCIS with regard to Permanent Residents and Public Charges. BTW, you can get certain assistance (which I actually didn't know until now...good information). I urge you to read this so you can know what you are entitled to. Best of luck and congrats!

USCIS PUBLIC CHARGE FACT SHEET