Green card holders are permanent residents with the legal right to live and work in the US. While this status doesn’t disqualify you from benefits such as Social Security disability insurance, Social Security retirement, or Supplement Security Insurance, having a green card may affect when you are eligible for them. Your work history and residency status play a significant role in determining what benefits you qualify for and when you can receive compensation.
Can Permanent Residents Get Social Security Benefits?
Just like United States citizens, green card holders or permanent residents generally need to earn at least 40 work credits–the equivalent of ten years of work–to be eligible for Social Security disability or retirement benefits. Benefits amounts are not impacted by the number of credits you have; credits simply determine whether or not you qualify. You can earn up to four work credits per year. In 2024, each credit you earn amounts to $1,730 in earned income. In order to earn each credit, you must pay Social Security taxes out of your wages. Work that does not pay into Social Security will not qualify for credits. Permanent residents must be at least 65 to collect retirement benefits through Social Security.
To apply for either retirement or disability benefits, you will need to complete the relevant Social Security application and prove your immigration status, your work history, your relationship to another individual if you are applying for survivor’s benefits for a spouse or parent who qualified for benefits, and your disability if you are applying for disability benefits.
What Happens If I Become Disabled Before Earning 40 Credits?
If you become unable to work due to a disability, you may be able to apply for SSDI before obtaining 40 work credits. For example:
- Age 24 and younger: You must have six earned credits over three years, ending when your disability occurs.
- Ages 24 to 31: You must have credits equal to working half the time from age 21 up to your disability. For example, if you develop a disability at 30, you would need to work four and a half years (18 credits) during of the past nine years.
- Age 31 and older: You must have at least 20 credits over 10 years ending when your disability occurs.
If you are applying for disability benefits, you will also need to prove your qualifying disability through the same process United States citizens do.
Can Green Card Holders Collect Benefits From the US and Another Country?
Permanent residents cannot double dip into Social Security benefits under a policy called totalization agreement. This is an arrangement between the US and another country with a similar Social Security program that ensures its workers and their employers do not pay Social Security taxes in two different countries on the same earnings. Under this policy, green card holders will only earn benefits in the US. If you fall into this category, you can combine work credits earned in your country of citizenship with work credits earned in the United States to total your required forty work credits.
Can Permanent Residents Get SSI?
Green card holders with substantial financial need are eligible for SSI so long as they meet certain criteria. As with other Social Security benefits, permanent residents must show proof of their immigration status. However, green card holders cannot apply for SSI benefits until they have lived in the US for at least five years.
When to Work With An Attorney
Jeffrey Freedman Attorneys is here to help you navigate the complexities around Social Security benefits. If you have a valid number of work credits and residency status and are denied benefits or just aren’t sure how to start applying for benefits, please consider reaching out to our office. We’ll review your claim and help you get the benefits and compensation you’re entitled to.