CHANGES IN SSI ELIGIBILITY FOR LEGAL IMMIGRANTS

The Federal 1997 Balanced Budget Act restored SSI eligibility for some LEGAL immigrants based on their date of entry into the US. The following are three SSI eligibility scenarios:

  1. All "qualified"* immigrants who were receiving SSI as of the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (August 22, 1996), will still be eligible. Those who are not "qualified" will receive benefits through 9/30/98.

  2. Legal immigrants not currently receiving SSI who were lawfully residing in the US as of 8/22/96 may gain eligibility if they become blind or disabled and financially needy. Note that age alone does not qualify one for SSI. Those 65 and older in this group must also be disabled or fall into one of the categories under #3 to qualify.

  3. Legal immigrants who entered the US after 8/22/96 (or immigrants in the US before 8/22/96 who are 65 or older and not disabled) only qualify for SSI if they are:

  • a refugee, asylee, Amerasian, Cuban/Haitian entrant or were granted withholding of deportation AND are within 7 years of date of entry on that status.

  • OR a US veteran, in active military status or the spouse, widow or dependent of a veteran or service member.

  • OR have 40 quarters (10 years) of work credits.


Please do not discourage people from applying for SSI based on insufficient work quarters without further investigation. There are ways a legal immigrant can borrow quarters earned by a parent or a spouse. For example, a married couple can share credits and claim 40 quarters because each of them has 20 quarters of work. Also, a quarter is defined by the amount earned, so if the person has earned enough money ($2,560 in 1996) in one quarter of the year they might receive credit for all 4 quarters.

For general questions or clarifications call Ellen Forman x6-5807. For advice on a specific case contact Legal Services (in IRis look under "Legal Services- free/low cost" or call the CRC) or call the Mass Immigrant and Refugee Advocacy Coalition (MIRA) at (617) 350-5480.

Information provided by MIRA.

Next month: Legal Immigrants and their MassHealth coverage of nursing home placement.


*Qualified = legal permanent residents, refugees, asylees, conditional entrants, withholding of deportation grantees, Amerasians, Cuba/Haitian entrants, persons granted parole status for one year or longer, and persons who have applied for protection under the Violence Against Women Act who no longer live with the batterer and whose need for benefits has a substantial connection to the batterer.


2/98