SSI Benefits Restored for Permanent Residents, as Administrative Law Judge Rejects Social Security View on Start Date of Seven-Year Eligibility Window
Legal Services E-lert

Date of E-Lert – 07/17/08

Bibliographic Info:
Source: Press Release -- Legal Services of Greater Miami, Inc.
Date: 6/8/08

Legal Services of Greater Miami, Inc. ("LSGMI") announces:   "[LSC-funded] LSGMI received a favorable hearing decision from an Administrative Law Judge in the Miami Office of Disability Adjudication and Review finding that the Social Security Administration's decision to terminate a non-citizen's Supplemental Security Income (SSI) benefits due to the expiration of the seven year period of alien eligibility was erroneous.  Specifically, LSGMI argued that the seven year period was miscalculated because the Administration used the retroactive effective date of residency, instead of the date residency status was actually granted.  Recently LSGMI has seen a large number of Cuban-American clients with SSI terminations due to alien status . . . .  Federal law states that Cuban-Haitian Entrants are alien eligible for SSI for seven years from the date lawful permanent resident status under the [Cuban Adjustment Act of 1966 (CAA)] was granted.  The CAA, however, contains a special immigration benefit that allows those who adjust under it to be approved retroactively to their date of entry . . . .  The Administration uses this retroactive effective date of resident status as the date on which the seven year period of SSI eligibility commences . . . .  LSGMI pointed out the inherent flaw in the Administration's calculation . . . , arguing that counting the period of time when the individual was not alien eligible for SSI violates existing federal law which requires that an alien be a qualified alien in order to be eligible for SSI."  The clients in this case were eligible for LSGMI representation despite federal restrictions on LSC-funded organizations because all are lawful permanent residents.

Tags: Government Benefits, Immigrants and Migrants, Legal Services Activities and Achievements