Disability benefits for a green-card holder?

[oliverandsian 7]

Quick question: can a conditional (soon-to-be permanent greencard holder) apply for disability benefits if they cannot work for reasons verified by a doctor? 

[milimelo 4,477]

Which insurance are you talking about? Work provided or SSDI? You need to see if you qualify for each. 

[Cyberfx1024 7,980]

7 minutes ago, oliverandsian said:

Quick question: can a conditional (soon-to-be permanent greencard holder) apply for disability benefits if they cannot work for reasons verified by a doctor? 

How long have you been here and working? I would think that you wouldn't be able to draw benefits at all depending on how long you have been here.

1 minute ago, milimelo said:

Which insurance are you talking about? Work provided or SSDI? You need to see if you qualify for each. 

I am thinking SSDI

[Jojo92122 1,924]

Does the conditional green card holder meet the requirements for SSDI?

 

[oliverandsian 7]

34 minutes ago, Cyberfx1024 said:

How long have you been here and working? I would think that you wouldn't be able to draw benefits at all depending on how long you have been here.

I am thinking SSDI

Have only worked for 6 months as a contractor; didn't need to pay taxes. 

Was looking at SSI...

[Cyberfx1024 7,980]

5 minutes ago, oliverandsian said:

Have only worked for 6 months as a contractor; didn't need to pay taxes. 

Was looking at SSI...

If they are working as a 1099 IC then YES the person will need to be pay taxes. ICs usually pay all those taxes at the end of the year at tax time.

 

I don't think they would qualify for SSDI and if they do it will be a very small amount.

[oliverandsian 7]

8 minutes ago, Cyberfx1024 said:

If they are working as a 1099 IC then YES the person will need to be pay taxes. ICs usually pay all those taxes at the end of the year at tax time.

 

I don't think they would qualify for SSDI and if they do it will be a very small amount.

I know; we filed jointly and I had write-offs that cancelled out whatever she owed, as we received a refund. She only worked 6 months and that was last year; she is unemployed and working on getting her GED right now. 

[Cyberfx1024 7,980]

1 minute ago, oliverandsian said:

I know; we filed jointly and I had write-offs that cancelled out whatever she owed, as we received a refund. She only worked 6 months and that was last year; she is unemployed and working on getting her GED right now. 

You can certainly try but I really do not see how she can get any kind of disability with only working for 6 months and being a PR.

[oliverandsian 7]

11 minutes ago, Cyberfx1024 said:

You can certainly try but I really do not see how she can get any kind of disability with only working for 6 months and being a PR.

I did the online screening questionnaire and it said she may be eligible for SSI, not SSDI. But I didn't know if going on benefits would complicate her next case for ROC.

[Cyberfx1024 7,980]

1 minute ago, oliverandsian said:

I did the online screening questionnaire and it said she may be eligible for SSI, not SSDI. But I didn't know if going on benefits would complicate her next case for ROC.

B.  Supplemental Security Income (SSI)

Most qualified aliens who enter the U.S. on or after August 22, 1996 are ineligible for SSI until they become U.S. citizens, which generally requires at least five years of residency.  (Sec 402(a))

Exceptions to the ban on SSI:

• All aliens who were receiving SSI on August 22, 1996, retain eligibility for SSI (Sec 402(a)(2)(E) and Sec 401(b)(5)) and, if related to SSI receipt, Medicaid benefits.  (Sec 402(b)(2)(F))
• Qualified aliens lawfully residing in the U.S. on August 22, 1996, who were not receiving SSI but are or become disabled in the future will also be eligible.  (Sec 402(a)(2)(F))
• Refugees and Asylees, aliens whose deportation is being withheld, Amerasians, and Cuban/Haitian entrants, and victims of a severe form of trafficking are exempted from the ban on SSI for their first 7 years in the U.S., and if they have a pending naturalization application at the end of this period, may receive one additional year of benefits.  (Sec 402(a)(2)(A))
• Veterans, members of the military on active duty, and their spouses and unmarried dependent children.  (Sec 402(a)(2)(C))
• Legal Permanent Residents who have worked 40 qualifying quarters.  After 12/31/96, no quarter can be considered a qualifying quarter if the individual received a federal means-tested public benefit during the quarter (See Section D below for the definition of federal means-tested public benefit) Quarters worked by parents when the alien was a child, or by a spouse while married, may be counted by spouses and dependent children as satisfying the 40 quarter requirement.  (Sec 402(a)(2)(B))

[Ontarkie 14,221]

You know for her to qualify for SSI they will use your credits since she does not have enough of her own. This is something you need to think long and hard on what the impact will be on you. 

 

Ok well there's that what Cyberfx just posted too. 

Edited June 13, 2018 by Ontarkie

[GreatDane 366]

She doesn't qualify now but it's also worth considering that she will need to work more to qualify. You accumulate up to four credits per year, based on earnings.

The rules are as follows:

• Before age 24 - You may qualify if you have 6 credits earned in the 3-year period ending when your disability starts.
• Age 24 to 31 - You may qualify if you have credit for working half the time between age 21 and the time you become disabled. For example, if you become disabled at age 27, you would need credit for 3 years of work (12 credits) out of the past 6 years (between ages 21 and 27).
• Age 31 or older - In general, you need to have the number of work credits shown in the chart below.

Unless you are blind, you must have earned at least 20 of the credits in the 10 years immediately before you became disabled.

Born after 1929, Became Disabled At Age	Number of Credits You Need
31 through 42	20
43	21
44	22
45	23
46	24
47	25
48	26
49	27
50	28
51	29
52	30
53	31
54	32
55	33
56	34
57	35
58	36
59	37
60	38
61	39
62 or older	40

[oliverandsian 7]

29 minutes ago, Ontarkie said:

You know for her to qualify for SSI they will use your credits since she does not have enough of her own. This is something you need to think long and hard on what the impact will be on you. 

 

Ok well there's that what Cyberfx just posted too. 

What are credits? 

[Ontarkie 14,221]

17 minutes ago, oliverandsian said:

What are credits? 

Hope this explains it for you. 

 

What is a credit for Social Security?

The amount needed for a credit in 2018 is $1,320. You can earn a maximum of four credits for any year. The amount needed to earn one credit increases automatically each year when average wages increase. You must earn a certain number of credits to qualify for Social Security benefits.Apr 8, 2014

How do I earn Social Security credits and how many do I need to ...

https://faq.ssa.gov/.../How-do-I-earn-Social-Security-credits-and-how-many-do-I-need-t...

[CEE53147 559]

4 hours ago, oliverandsian said:

I know; we filed jointly and I had write-offs that cancelled out whatever she owed, as we received a refund. She only worked 6 months and that was last year; she is unemployed and working on getting her GED right now. 

No matter the deductions, she owed FICA taxes at the self employed rate. File an amended return and pay the taxes due if you filed improperly. Taxes are owed on money earned in a tax year for which payment has not been received must be accounted for and taxes paid (ouch!).

 

SSI has a HOUSEHOLD income and assets requirement which are very low; your income and assets are included.  If she were to qualify on the basis of time in the US on GC since it is a "need based" program,, it is unlikely she would qualify on income/assets basis.

 

People are often think they are unable to work but are not disabled for government assistance. It is not as simple as a doctor's excuse.  It takes truly disabled citizens YEARS to qualify.

 

This is one of the issues when people are interviewed for residency.  The likelihood that they would become a "public charge" is a disqualifier.  SSI and Medicaid are WELFARE not earned benefits.

 

Had she been working at a job which provided benefits and was injured at work, she would perhaps qualify for workers compensation.

 

If she needs to work, she should get training at your state's vocational training program for the disabled. Getting a GED is a good first step to getting a job that she is physically able to perform.