I often receive calls from prospective clients who are shocked to receive a denial letter from the Social Security Administration (“SSA”) because they did not provide proper evidence of their legal status in the United States.  I understand their confusion.  When you apply for Social Security Disability, you expect to talk about your health and your work history. But for millions of foreign-born Americans, the case actually starts with a background check between two government agencies and SSA’s verification of documents.

According to Social Security’s own internal rule, RS 00204.020, the agency cannot pay benefits until it has verified your Lawful Presence in the United States. If you are an immigrant or even a recently naturalized citizen, this is where your claim can hit a dead end before it even reaches a medical examiner.

New Citizens  – You must update your status with SSA

Many naturalized citizens assume that, because they have their Certificate of Naturalization, SSA automatically knows they are citizens.  After all, there is a question on the naturalization application, “Do you want the Social Security Administration (SSA) to issue you an original or replacement Social Security card and update your immigration status with the SSA if and when you are naturalized?”  Of course, you should answer yes to both questions; however, it is a mistake to assume that SSA always follows through.  If you haven’t visited a Social Security office to update your record since your citizenship oath ceremony and you wish to apply for disability, you must be prepared for Social Security telling you that they were unable to verify your new status.  This is because they were unaware that you naturalized.

Why Non-Citizen Claims Get Stuck

For those currently renewing a Green Card, the hurdles are even higher. SSA clerks must use their antiquated systems to verify your status. If you don’t provide the original, unexpired documents—or the correct I-797 Extension Notice— your application may be put on hold indefinitely or denied.

Now, some of you out there have green cards that were issued without an expiration date, and you feel you are safe because they do not expire.  It is correct that you are “safe,” in that you are a lawful permanent resident, but these cards will not help you with SSA.  “Form I-151 (Alien Registration Card) is no longer a valid immigration document. DHS last issued this document in 1977. Because the I-151 lacks security features, it presents more opportunities for fraud than other documents.” (See RS 00204.020.)  To verify your legal status when relying on this card, SSA must conduct additional checks, which takes longer.  And then they may still be unable to verify your status.  If you still have one of these old green cards, I strongly recommend filing for a replacement green card with USCIS.

Make sure you have the following immigration documents before you apply for disability.

Your Pre-Application Checklist: Gather These First

To avoid delay or denial you must have these original documents ready before you file your application:

• For Naturalized Citizens:

  • Your original U.S. Passport

  • Certificate of Naturalization. (Don’t rely on the SSA to “just know” you are a citizen).

• For Permanent Residents:

  • Your unexpired Green Card (I-551). If it has expired, you must have the original Extension Letter (Form I-797). If you have an old green card (issued before 1977), apply for a new one.

Do not mail immigration documents to SSA.  Schedule an appointment and present the documents in person to the claims representative.  SSA representatives should not be asking you to mail immigration documents. Their own guidance prohibits this.

CAUTION: Never ask a claimant/beneficiary to mail their immigration document to SSA. Under the law, noncitizens 18 years of age or older in the U.S. must have immigration documentation in their possession at all times. If they do not, they are subject to fine and/or imprisonment.

Is your Social Security claim stuck because of a document issue?   Don’t wait for a denial letter. We understand the intersection of Immigration and Disability law, and we can help you move your case forward. Call us at (707) 746-1813. Or click here to contact us.  

The post Why Social Security delays or denies disability claims for permanent residents and new citizens (And how to fix problems before you apply) appeared first on Law Office of Geri N. Kahn.

The post SSA Office of Inspector General issues Semiannual Report to Congress appeared first on Law Office of Geri N. Kahn.

• evaluate and follow up on medical evidence submitted for 18 claimants;
• request evidence, when required, for 7 claimants; and
• contact third parties for 12 claimants who required special assistance because of mental impairments.

OIG also found that “CA-DDS branch offices’ interpretations of the FTC polices resulted in an inconsistent level of service for disability applicants.”  They “found no evidence that CA-DDS understated the size and age of its initial claims backlog.”
“The inappropriate FTC denials generally occurred because CA-DDS did not have adequate controls to ensure its employees complied with SSA’s policies and procedures.”
The OIG made specific recommendations on how to improve DDS’ adjudications and the Social Security Administration agreed to the recommendations.
You may read the entire report and find out what happened to the claims wrongly decided by clicking on this link: Failure to Cooperate Denials and Initial Claims Backlog at the California Disability Determination Services.
I think what we can learn from this type of report is that it is always worthwhile to appeal an adverse decision.  The OIG was only looking at a very narrow selection of cases.  We all know initial and reconsideration denial rates are high.  Chances are, some of them are incorrectly decided.

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