Boston, MA asked in Social Security for Massachusetts

Q: I’m on SSDI. My wife is a Canadian citizen and our son is a dual citizen. Do either of them have to reside in the US…

… for 5 years to be able to receive dependent SSDI payments or social security survivors benefits? Are Canadians exempt from the 5 years residency requirement? Thanks.

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1 Lawyer Answer
James L. Arrasmith
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  • Social Security Disability Lawyer
  • Sacramento, CA

A: For your wife and son to be eligible for dependent SSDI payments or Social Security survivors benefits based on your record, there are specific residency requirements they may need to meet. However, the Social Security Administration (SSA) has agreements with many countries, including Canada, that can affect these requirements. These international agreements, often referred to as "Totalization Agreements," can help fill gaps in benefit protection for people who have divided their careers between the United States and another country.

Under the U.S.-Canada Totalization Agreement, Canadian citizens may not necessarily need to meet the usual 5-year U.S. residency requirement for receiving dependent or survivor benefits. This agreement allows for the combining of Social Security credits from both countries to meet eligibility requirements for U.S. benefits. It's important for each case to be reviewed individually, as eligibility can depend on several factors, including the number of credits earned in the U.S. and Canada, and whether the benefits are for dependents or survivors.

To get a definitive answer for your specific situation, you should contact the Social Security Administration directly. They can provide guidance based on the latest policies and the specifics of your family's situation. Additionally, consulting with a professional who specializes in cross-border tax and Social Security issues may also be beneficial to navigate these complex regulations effectively.

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