Last Updated: 7/22/2011

Supplemental Security Income (SSI) How it affects low income, elderly and disabled refugees

Background Supplemental Security Income (SSI) provides benefits to individuals who are blind, disabled or aged (65 or over). To be eligible, individuals must also have little to no income and have few assets (no more than $2,000 for an individual or $3,000 for a couple). SSI provides the bare minimum for survival with a meager $647 a month for individuals and $1,011 for couples.1 Unlike Social Security, SSI does not rely on an individual’s work history (also known as work credits) in order to be eligible. In 1996, Congress passed a new law that now limits the SSI eligibility of elderly and disabled refugees to 7 years if they are not able to naturalize within that time frame. In 2008, the SSI Extension for Elderly and Disabled Refugees Act was signed into law. This allowed for elderly and disabled refugees to qualify for an additional 2 years of SSI (up to 3 years, for individuals who have a citizenship application pending). The two-year extension expired in September 2010, and the third year of the extension expires on September 30, 2011. The Problem The 7-year time limit on SSI takes away the only source of income for many elderly and disabled refugees, leaving them destitute. While individuals can continue to be eligible for SSI if they are able to successfully naturalize, this does not always happen due to a number of barriers including:

language barriers;

the inability to retain necessary information to successfully naturalize due to age or disability;

medical and personal circumstances that prolong their ability to naturalize;

the cost of naturalization; and

the lack of accessible resources to support them in the naturalization process. In Southeast Asian American communities, many of these elders are former soldiers who were recruited and fought alongside U.S. forces during the Vietnam War era. Many Southeast Asian elders who are affected by the 7-year cut off have left their homelands in fear of persecution for their efforts in supporting the U.S. during this time. Many face numerous or all of the barriers mentioned above, including being affected by post traumatic stress disorder (PTSD). Does the 7-year time limit affect me? The 7-year time limit applies to those who entered the U.S. on or after August 22, 1996 when the law went into effect. Social Security Administration, SSI Monthly Payment Amounts, 1975-2011. http://www.ssa.gov/oact/cola/SSIamts.html (accessed 7/22/2011)

Last Updated: 7/22/2011

Individuals who arrived before August 22, 1996 are not subject to the 7-year time limit on SSI and can therefore receive SSI without time a time limit if:

1. they were actually already receiving SSI on August 22, 1996; OR 2. they weren’t actually receiving SSI on August 22, 1996 but were in lawful status on that date

AND had a disability as of that date that would have qualified them for SSI had they applied for it.

What needs to be done? A long term solution is needed to address the 7-year cut off of SSI to elderly and disabled refugees and humanitarian immigrants. Congress must pass a more permanent solution that would allow qualified refugees and humanitarian immigrants to receive SSI without a time limit. In the interim, another extension must be passed to ensure that those who will be cut off in the near future will be able to continue their SSI until a long term solution is in place. What can I do about it? Contact your member of Congress! You can educate them about the impact that the 7-year time limit on SSI for elderly and disabled refugees has on this vulnerable population. You can find your Congress member’s contact information at www.house.gov and www.senate.gov. In addition, if you have stories of individuals who have been affected by the 7-year cut off, you can share them with SEARAC. SEARAC looks for stories to continue highlighting the need to change our policies around this issue. For more information or to share your story, contact: Helly Lee at helly@searac.org or 202-667-4690. For additional resources:

Southeast Asia Resource Action Center – www.searac.org

Center on Budget and Policy Priorities – www.cbpp.org

Community Legal Services – www.clsphila.org

Hebrew Immigrant Aid Society – www.hias.org

National Immigration Law Center – www.nilc.org