Resources

March 25, 2025

Debunking Myths: Immigrants and Disability Benefits

A common misconception is that immigrants frequently take advantage of Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits without earning them. In reality, eligibility requirements for these programs are strict, apply equally to U.S. citizens and noncitizens alike, and require lawful immigration status.

At the Law Offices of Jennifer R. Solomon, we understand the complex realities of disability law, drawing on our extensive experience advocating for clients facing disability-related legal challenges. Inspired by breaking complex legal problems into manageable parts—much like assembling LEGO blocks—we leverage a comprehensive understanding of insurance claims and disability law to fight effectively for our clients’ rights.

Who Is an “Immigrant”?

Before we can debunk common misconceptions about immigrants and disability benefits, we need to cover some immigration terminology. Here, as in modern US government publications, we refer to all individuals who are not US citizens as “noncitizens.” However, older publications and US law still refer to noncitizens as “aliens.” 

The term noncitizen includes:

• Green card holders (“immigrant” visa holders),
• Temporary visa holders (“nonimmigrant” visa holders),
• Individuals in the US with humanitarian statuses, and
• Undocumented individuals (those without legal immigration status).

When used on a government website or publication, the term “US nationals” typically refers to green card holders—lawful permanent residents (LPRs) of the US. 

Temporary Visas

Temporary visas cover many different reasons people may come to the US, primarily including:

• Employment,
• Study, and
• Travel or tourism.

These visas are also called nonimmigrant visas because you typically cannot get one if you intend to immigrate to the US permanently.

Humanitarian Statuses

Humanitarian statuses are immigration protections that allow people to live in the US because their home countries are not safe or because of other harmful effects that deportation would cause. Humanitarian statuses may include:

• Refugee status,
• Asylum,
• Temporary Protected Status (TPS),
• Special Immigrant Juvenile Status (SIJS) and certain other special immigrant categories,
• Visas for human trafficking victims (T-visas),
• Visas for crime victims and police informants (U-visas and S-visas),
• Deferred Action for Childhood Arrivals (DACA), and
• Humanitarian parole.

Regarded as a humanitarian program, the Violence Against Women Act (VAWA) program, which is gender-neutral, enables individuals who otherwise qualify for a family-based green card to apply without a sponsor when their potential sponsor has abused them and treated them cruelly.

When Can Noncitizens Qualify for SSDI?

SSDI provides monthly payments to disabled workers who have paid into Social Security, typically over several years of work. General SSDI eligibility requirements include that applicants must:

• Have earned enough work credits based on their age, which they accumulate by working and paying Social Security taxes;
• Have a medical impairment expected to last at least 12 months or result in death; and
• Must be prevented from performing substantial gainful activity by that impairment.

Substantial gainful activity is the amount of work and earnings that the Social Security Administration (SSA) considers sufficient to determine whether an individual does not need SSDI.

Noncitizens qualify for SSDI on essentially the same terms as citizens. They accrue credits—up to four per year—by working and contributing to the Social Security fund. So, noncitizens who have legal work authorization and contribute to Social Security are the only noncitizens who qualify for SSDI, regardless of their status.

When Can Noncitizens Legally Work in the US?

Generally, you can work in the US if you have a Social Security number (SSN) that is not unrestricted, meaning there are no restrictions on the SSN card prohibiting you from working. By status:

• Green card holders have the right to work at almost any job in the US, except certain government positions;
• You can usually only work in the US on a temporary visa only if it is a temporary work visa, though exceptions exist for student visa holders;
• Individuals on many humanitarian statuses can apply for work authorization, which allows them to work the same jobs as a green card holder after spending a specific time in the US; and
• Undocumented individuals cannot get authorization to work in the US.

Many individuals who receive temporary visas can bring their spouse and children to the US on “derivative” visas—visas tied to the primary visa holder that expire when the primary visa expires. Sometimes, the temporary visa holder’s spouse can apply for work authorization.

When Can Noncitizens Qualify for SSI?

Supplemental Security Income (SSI) provides financial support based on financial need rather than work history. Eligibility requirements include:

• Limited income—earn $1,620 or less per month;
• Limited resources—own less than $2,000 in resources individually or $3,000 jointly if a married couple; and
• Qualifying characteristic—disability, blindness, or age 65 or older.

Noncitizens qualify based on their statuses. Green card holders are eligible for SSI if they meet these eligibility requirements on the same terms as US citizens. In contrast, undocumented individuals and temporary visa holders virtually never qualify. The only exception is for noncitizens with military connections and their dependents, such as veterans or active-duty military personnel.

The question becomes more complicated for humanitarian statuses. Refugees, asylees, and certain humanitarian parolees can qualify for SSI for up to seven years following their arrival in the US, so long as they meet other eligibility requirements. Those on other humanitarian statuses generally cannot qualify.

Debunking Common Myths About Immigrants and Disability Benefits

In the modern era, the following myths remain common despite the reality of the situation:

• Immigrants drain the system. Noncitizens contribute billions of dollars annually in payroll taxes, often without claiming benefits due to stringent eligibility rules.
• Benefits are easy to obtain. SSDI and SSI have rigorous application processes requiring extensive documentation and medical evidence.
• Noncitizens receive proportionally more benefits than citizens. Noncitizens typically receive fewer benefits due to restrictive eligibility requirements and status-based limitations.

Noncitizens qualify for SSDI on the same terms as citizens. In contrast, noncitizens can only qualify for SSI if they meet eligibility criteria, have a green card, or are of particular humanitarian status. Anyone who believes otherwise is mistaken.

Advocating for Your Rights with Experienced Legal Guidance

Understanding eligibility for SSDI and SSI, especially for immigrants, involves navigating complex rules and regulations—not only from the SSA but also from immigration law. At the Law Offices of Jennifer R. Solomon, we are committed to providing clear, compassionate guidance to help clients navigate disability benefit claims. If you have questions regarding immigrant eligibility for SSDI or SSI, or if the SSA denied your disability claim, contact our firm today. We offer free 15-minute consultations.

Resources:

• SSA, Red Book: Overview of our Disability Programs, link.
• SSA, Spotlight on Resources — 2024 Edition, link.
• SSA, Spotlight on SSI Benefits for Noncitizens — 2024 Edition, link.
• SSA, Supplemental Security Income (SSI) Income, link.
• SSA, Substantial Gainful Activity, link.
• SSA, Try Returning To Work Without Losing Disability, link.
• SSA, Understanding Supplemental Security Income SSI Resources — 2024 Edition, link.
• USA.gov, SSDI and SSI Benefits for People with Disabilities, link.
• USCIS, Asylum, link.
• USCIS, Green Card for an Afghan Who Was Employed by or on Behalf of the U.S. Government, link.
• USCIS, Green Card for an Informant (S Nonimmigrant), link.
• USCIS, Humanitarian, link.
• USCIS, Humanitarian or Significant Public Benefit Parole for Aliens Outside the United States, link.
• USCIS, Refugees, link.
• USCIS, Special Immigrant Juveniles, link.
• USCIS, Students and Employment, link.
• USCIS, Temporary (Nonimmigrant) Workers, link.
• USCIS, Temporary Protected Status, link.
• USCIS, Victims of Human Trafficking: T Nonimmigrant Status, link.
• USCIS, Victims of Criminal Activity: U Nonimmigrant Status, link.