SOCIAL SECURITY DISABILITY BENEFITS FOREIGN STEPCHILD LIVING ABROAD?

[EstambulPR 16]

All,

 

Has anyone ever attempted to secure Social Security Disability Insurance (SSDI) Auxiliary or Derivative Child Benefits for a family member abroad? Now, before some have the automatic "no one can receive SS benefits while overseas" response, there are official SSA rules (Policy Manual for Medicare and Social Security - POMS) and plenty of US law (20 CFR 404.460) addressing Nonpayment of Aliens exceptions and eligibility. Her country (Turkiye) is specifically listed under the "Social Security countries" i.e., treaty countries, and as such, not subject to the rules mandating that child and SSDI beneficiary live together in same household for five years before applying for benefits, or the requirement that both parents (step parent and biological parent) live together in same household in the USA for five years before applying. I provide half her support by sending money to her mother's bank in country which she has access to, so that's easy to prove.

 

Again, I only wanted to see if anyone has tried before going to over the local Social Security Administration office and deal with them.

 

Thanks!

[JeanneAdil 6,581]

https://www.ssa.gov/pubs/EN-05-10137.pdf

 

page 7-8 list countries that are eligible for receiving dependent payments 

Turkey is not on the list

so,  payments will not be sent to Turkey but u can apply for the stepchild once he/she is in US

 

Also understand that the full  family benefit is limited 

 

Each family member may be eligible for a monthly benefit of up to 50 percent of your disability benefit amount. However, there is a limit to the amount we can pay your family.

The total varies, depending on your benefit amount and the number of qualifying family members on your record. Generally, the total amount you and your family can receive is about 150 to 180 percent of your disability benefit.

[EstambulPR 16]

10 minutes ago, JeanneAdil said:

https://www.ssa.gov/pubs/EN-05-10137.pdf

 

page 7-8 list countries that are eligible for receiving dependent payments 

Turkey is not on the list

so,  payments will not be sent to Turkey but u can apply for the stepchild once he/she is in US

 

Also understand that the full  family benefit is limited 

 

Each family member may be eligible for a monthly benefit of up to 50 percent of your disability benefit amount. However, there is a limit to the amount we can pay your family.

The total varies, depending on your benefit amount and the number of qualifying family members on your record. Generally, the total amount you and your family can receive is about 150 to 180 percent of your disability benefit.

Thanks for your response. I only have one child currently drawing auxiliary dependent benefits from by SSDI, so I have room. Yeah I read the pamphlet, but does not even scratches the surface of the applicable law. At any rate, Turkiye is not one of the listed Treaty Countries, but it is on the list of Social Security Agreement countries on 20 CFR 404.463(a)(7).

 

Here is what I mean:

When nonpayment provisions do not apply. The provisions described in paragraph (a) of this section do not apply, subject to the limitations in paragraph (c) of this section, to a benefit for any month if:

------

(ii) Except that, effective with July 1968, § 404.460(b)(2)(i) does not apply if:

(A) The beneficiary is a citizen of a country with a social insurance or pension system meeting the conditions described in paragraphs (b)(7)(i), (ii), and (iii) of this section but does not meet the condition described in paragraph (b)(7)(iv) of this section; or

https://www.ecfr.gov/current/title-20/part-404#p-404.463(a)(7)

List of countries which meet the social insurance or pension system exception in section 202(t)(2) of the act. The following countries have been found to have in effect a social insurance or pension system which meets the requirements of section 202(t)(2) of the Act. Unless otherwise specified, each country meets such requirements effective January 1957. The effect of these findings is that beneficiaries who are citizens of such countries and not citizens of the United States may be paid benefits regardless of the duration of their absence from the United States unless for months beginning after June 1968 they are residing in a country to which payments to individuals are being withheld by the Treasury Department pursuant to the first section of the Act of October 9, 1940 (31 U.S.C. 123).

https://www.ecfr.gov/current/title-20/part-404#p-404.463(a)(7)

20 CFR 404.463(a)(7)

Antigua and Barbuda (effective November 1981)

Argentina (effective July 1968)

Austria (except from January 1958 through June 1961)

.....

Turkey

United Kingdom

....

 

[Ontarkie 14,307]

~~Moved to Moving HEre and Your New Life, from Bringing Family of USC- the topic is not a visa related, but an SSDI question.~~

[JeanneAdil 6,581]

A child who has not lived in the U.S. for 5 years can meet the 5-year residency requirement if the parent who is the worker, and the other parent, have both lived in the U.S. for 5 years. However, we will not pay children adopted outside the U.S. while they reside outside the U.S., even if they meet the residency requirement. 

[JeanneAdil 6,581]

2 hours ago, EstambulPR said:

Thanks for your response. I only have one child currently drawing auxiliary dependent benefits from by SSDI, so I have room. Yeah I read the pamphlet, but does not even scratches the surface of the applicable law. At any rate, Turkiye is not one of the listed Treaty Countries, but it is on the list of Social Security Agreement countries on 20 CFR 404.463(a)(7).

 

Here is what I mean:

When nonpayment provisions do not apply. The provisions described in paragraph (a) of this section do not apply, subject to the limitations in paragraph (c) of this section, to a benefit for any month if:

------

(ii) Except that, effective with July 1968, § 404.460(b)(2)(i) does not apply if:

(A) The beneficiary is a citizen of a country with a social insurance or pension system meeting the conditions described in paragraphs (b)(7)(i), (ii), and (iii) of this section but does not meet the condition described in paragraph (b)(7)(iv) of this section; or

https://www.ecfr.gov/current/title-20/part-404#p-404.463(a)(7)

List of countries which meet the social insurance or pension system exception in section 202(t)(2) of the act. The following countries have been found to have in effect a social insurance or pension system which meets the requirements of section 202(t)(2) of the Act. Unless otherwise specified, each country meets such requirements effective January 1957. The effect of these findings is that beneficiaries who are citizens of such countries and not citizens of the United States may be paid benefits regardless of the duration of their absence from the United States unless for months beginning after June 1968 they are residing in a country to which payments to individuals are being withheld by the Treasury Department pursuant to the first section of the Act of October 9, 1940 (31 U.S.C. 123).

https://www.ecfr.gov/current/title-20/part-404#p-404.463(a)(7)

20 CFR 404.463(a)(7)

Antigua and Barbuda (effective November 1981)

Argentina (effective July 1968)

Austria (except from January 1958 through June 1961)

.....

Turkey

United Kingdom

....

 

duration of their absence from the United States

 

this is the part  that is important

the child has never lived here and is not absent from  but never lived here

 

any of us getting  SS benefits will continue to receive them no matter where we live / usually because the payment goes directly to  a bank account  but u 1st must be eligible  for the benefit 

Edited March 25 by JeanneAdil

[EstambulPR 16]

6 hours ago, Ontarkie said:

~~Moved to Moving HEre and Your New Life, from Bringing Family of USC- the topic is not a visa related, but an SSDI question.~~

THANKS!

[EstambulPR 16]

4 hours ago, JeanneAdil said:

A child who has not lived in the U.S. for 5 years can meet the 5-year residency requirement if the parent who is the worker, and the other parent, have both lived in the U.S. for 5 years. However, we will not pay children adopted outside the U.S. while they reside outside the U.S., even if they meet the residency requirement. 

Got it. I see now. She is not adopted but a stepchild but it seems rules are similar?

[EstambulPR 16]

5 hours ago, JeanneAdil said:

duration of their absence from the United States

 

this is the part  that is important

the child has never lived here and is not absent from  but never lived here

 

any of us getting  SS benefits will continue to receive them no matter where we live / usually because the payment goes directly to  a bank account  but u 1st must be eligible  for the benefit 

Hmmm...seems SSA did away with the requirement for stepchild and step-parent to be living together, and 20 CFR 404.460 already exempts residents of listed countries from the 5-year USA residency requirement. I could not find anywhere saying that the stepchild would NOT qualify unless they were living together for any amount of time; only that the step-parent provides one-half support. And, the stepchild lived together with me for one year but in Istanbul.

 

let's see what they say when I go there. I think this will be a fun visit to the SSA. They do not like resistance.

 

https://www.federalregister.gov/d/2010-21341/p-33

 

"...The CAAA specifically provided that living with a stepparent would no longer be a basis for finding a stepchild dependent on a stepparent. Now, we consider a stepchild to be dependent on a stepparent only if the stepchild is receiving at least one-half support from the stepparent. The one-half support requirement existed prior to the CAAA and is not a new requirement."

[JeanneAdil 6,581]

3 hours ago, EstambulPR said:

Got it. I see now. She is not adopted but a stepchild but it seems rules are similar?

Stepchildren qualify but they have be living in US for the benefit when it is applied for

after getting SS or SSDI ,  they can live abroad