kstoss9

Does anyone know if my husband can file for Social Security disability through me? He has only been in the US since October 08, we got married on the K1 in November and he has is GC. He is not a citizen, just a PR. He has tried to find work for the last 9 months. I know its like this everywhere. He was discharged from the British Army due to a leg injury that left him with a permanent pin in his leg. It had bothered him but he just took a lot of pain killers and worked through it. Since he can't find work I didn't know if he was eligible to apply for SSDI through me, since I have not collected any of mine at any time.

If this question does not belong in this section please move it to the appropriate one, I wasn't sure where to post it. Just looking for anyone that might know if he can apply.

Thanks

~Kate

MrEmjoy

This link may be of some use

Rete

No, he is not entitled to SS benefits, i.e. disability. He has to have worked to qualify. Doesn't he get disability from the UK?

Folinskyinla

Hi:

He would be eligible for SSI but for one tiny little thing -- the I-864 Affidavit of Support. For SSI purposes the sponsor's [& co-sponsor's] will be considered income of your husband.

I run across this on occasion on asylum applications for elderly parents with an adult US citizen son or daughter. Son/Daughter wants parents to get asylum rather than IR status simply for financial reasons. When before the immigration court -- the IJ's just hate this.

Folinskyinla

Hi Rete:

I was wondering about the UK myself. Also, I will say that I shared your thought on SSI until the situations I mention in my prior post came up. I would tell clients that it was easier to just file for AOS and I ran into resistance. Learn something new every day!

Rete

Just another rip off then.

Thanks for the information, though. Ironic though that DH who when he was 67 can't use my SS credits for retirement benefits and/or medicare but someone who never worked a day in their life in the US can waltz in as an asylum seeker and get social security disability.

But then again they can also get welfare and medicaid which a PR can't until the fifth year mark.

penguinbar

I know a few illegal Irish who have gotten medicaid to pay for their hospital and doctor bills! My friend had a baby over here and medicaid paid for it! Also another girl that I work with appendix burst and she got medicaid to pay her hospital bills! So unfair since so many of us pay for insurance and have done the proper immigration route for our fiancee/spouses!

meauxna

The Big Giant Head sent me an exception to this, though he realizes it won't be of any use to the OP right now.

A disabled widow/er at least age 50 can receive benefits on the record of the deceased spouse.

RS 00207.001 Widow(er)'s Benefits Definitions and Requirements
https://secure.ssa.gov/apps10/poms.nsf/lnx/0300207001