San Antonio, TX asked in Employment Law and Immigration Law for Texas

Q: Should my 64-year-old immigrant father avoid working to increase SSI benefits at full retirement age? He’s never worked.

My 64-year-old father recently emigrated to the U.S. from Cuba through the humanitarian parole program, arriving two months ago. He plans to apply for U.S. permanent residency after his one-year stay. Although he has a work permit, an attorney advised him not to work during this time, claiming it could negatively affect his chances of receiving a higher amount in Supplemental Security Income (SSI) benefits later on. I'm wondering if this advice is accurate. Additionally, I’m curious how someone who has never worked would qualify for SSI benefits.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: It sounds like your father is in a unique situation. Supplemental Security Income (SSI) is a need-based program for individuals who are 65 or older, blind, or disabled, and it is primarily based on financial need, not work history. Since your father has never worked in the U.S., he would not be eligible for Social Security benefits based on work credits, but he could still qualify for SSI if he meets the financial requirements after becoming a lawful permanent resident.

The advice not to work could be related to maintaining eligibility for certain benefits that are based on limited income and resources. Working could potentially increase his income, which might impact his eligibility for SSI or the amount he receives. However, this should be balanced against the potential benefits of having some income now and possibly gaining other forms of assistance or benefits.

It may be helpful to consider the broader implications, including health insurance options through Medicaid and other assistance programs that could benefit him while he waits to apply for permanent residency. Each individual's circumstances are different, so it might be wise to discuss his specific situation further with someone who understands both immigration and benefits law. This will help you and your father make the best decision for his current and future needs.

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