I am often asked whether a person needs to have U.S.
citizenship in order to be able to receive Social Security Disability benefits. The answer depends greatly on the type of
Social Security Disability program that is being applied for. In previous blogs, I have explained that there are two Social Security Disability programs: SSDI and SSI:
The Social Security Disability Insurance (SSDI) program pays benefits to you, if you worked long enough and
paid Social Security taxes. On the other
hand, Supplemental Security Income (SSI)
is a “welfare type of program” that pays
benefits to disabled adults and children who have limited income and resources.
Citizenship Rules for SSDI:
A person can receive SSDI as long as he or she is
lawfully in the United States.
Therefore, a claimant does not have to be a U.S. Citizen in order to be
eligible for benefits. SSDI is based on
contributions made by workers in to the Social Security Trust Fund. SSDI is not
public assistance or welfare. This is a
benefit that a worker earns based on their contributions. Typically, a person must work at least 5 out
of the last 10 years to be able to qualify for SSDI.
Citizenship Rules for SSI:
A noncitizen
may receive Supplemental Security Income (SSI) if the person meets the
requirements of the laws for noncitizens that went into effect on August
22,1996 and all the other requirements for SSI eligibility, such as the limits
on income and resources. Under some
circumstances, Cuban and Haitian refugees, as well as other political refugees,
might be eligible for SSI.