Can a non-US citizen receive Social Security benefits? The simple answer is yes.
A non-citizen can qualify for Social Security disability benefits if they are in the US legally and meet the eligibility criteria.
Generally, one must be a permanent legal resident, have a work visa, or be allowed in the country under the Immediate Relative or Family Unity provisions of US immigration law.
This post will discuss these Social Security eligibility criteria for non-US citizens. Read on to determine whether you qualify for disability benefits as a non-citizen.
Who Qualifies for Social Security Benefits?
Can a non-US citizen receive Social Security benefits? Yes, they can. But they must be in the US legally and have a Social Security number to qualify for Social Security benefits.
Usually, non-citizens relocating to the US can apply for a Social Security number in their home country when applying for an immigrant visa with the US Department of State. They can also visit a Social Security office to apply after arriving in the US.
Non-immigrants (who are visiting the US temporarily) can get a Social Security number by completing an “Application for Employment Authorization” from the Department of Homeland Security (DHS). If approved, this allows them to work legally in the US.
Types of Social Security Benefits
The Social Security Administration (SSA) manages various benefits programs. It provides Social Security Disability Insurance (SSDI) for disabled workers, benefits for retirees and their spouses, and survivor benefits for spouses and children of deceased workers.
It also provides Supplemental Security Income (SSI) for older people with disabilities with little to no income.
Each of these programs has unique eligibility criteria except for SSI. However, most require a worker to have at least 40 Social Security work credits, which equates to 10 years of employment or self-employment in the US.
Merging US and Foreign Work Credits
Workers without 40 US work credits can still qualify for disability benefits if their country of origin and the US have a totalization agreement.
Totalization agreements permit non-citizens to merge their credits from both countries to qualify. Currently, the US has such agreements with the following countries:
- Australia
- Austria
- Belgium
- Brazil
- Canada
- Chile
- Czech Republic
- Denmark
- Finland
- France
- Germany
- Greece
- Hungary
- Ireland
- Italy
- Japan
- Luxembourg
- The Netherlands
- Norway
- Poland
- Portugal
- Slovak Republic
- Slovenia
- South Korea
- Spain
- Sweden
- Switzerland
- The United Kingdom
- Uruguay
The SSA website contains information on each nation’s totalization agreement.
Receiving Social Security Benefits Outside the US
Workers can collect US Social Security benefits irrespective of where they reside, except for a few countries. The SSA may, under certain circumstances, suspend payments to non-citizens who have been abroad for six months but reactivate them upon their return.
Tax Issues for Non-US Citizens
Paying Social Security taxes
Social Security and Medicare taxes apply to foreign nationals who work in the United States. However, certain non-resident aliens are exempt.
These include A-visa holders who work for foreign governments, some teachers, students, and others who are in the country on different types of visas.
You can check all the exceptions and related rules on the Internal Revenue Service website.
Taxes on Social Security benefits
Social Security benefits are subject to taxation if the beneficiary earns more than a particular amount, just like it is for citizens of the United States.
The SSA will often deduct funds from your benefit check unless you qualify as a resident alien for tax purposes. The tax withholding of 30% on 85% of your monthly benefit will result in a 25.5% decrease.
But you (or other non-resident aliens) may be exempt from this withholding tax or be subject to a lower rate, according to the tax agreement between the US and your home country.
You can use the Non-resident Alien Tax Screening Tool on the SSA website to determine whether your benefits are subject to withholding or qualify for special exemptions.
Summary
So, can a non-US citizen receive Social Security benefits? Yes, they can. But the laws governing Social Security Disability benefits for non-US citizens can be confusing.
It is advisable to contact Social Security offices and consult an attorney with concerns about your status. Legal Giant can help you find an experienced Social Security lawyer near you.
Our dedicated partner attorneys will review your case to establish your eligibility, collect the evidence required to prove your claim, and do everything to get you the benefits you need and deserve.
Contact us at 833-641-1650 for a free case evaluation today.
