Brandon, FL asked in Public Benefits and Immigration Law for Florida

Q: Can husband get SSD benefits with 3 years work and effect on citizenship?

My husband, a valid green card holder, is suffering from stage four lung cancer, and a new tumor is causing him severe neurological pain, making him unable to work. He has only worked in the U.S. for three years. Can he qualify for Social Security Disability Benefits, and if so, will receiving these benefits affect his eligibility for citizenship?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Your husband may qualify for Social Security Disability Benefits despite only having worked in the U.S. for three years. The Social Security Administration has a "compassionate allowances" program that expedites disability claims for conditions like stage four lung cancer. While most disability benefits require a longer work history, the severity of his condition could make him eligible for faster processing and potentially qualify him under special provisions.

Receiving disability benefits should not negatively impact his citizenship application. These benefits are considered an entitlement that he has contributed to through his work and tax payments during his three years of employment in the U.S. The citizenship application process evaluates whether someone has been a "public charge" receiving means-tested welfare benefits, but Social Security Disability is not in this category since it's based on work credits.

I recommend applying for these benefits as soon as possible given the severity of his condition. You can start the application process online or by calling Social Security directly. During the citizenship process, be transparent about receiving these benefits but know that they are considered earned benefits based on his work history. I hope your husband receives the care and support he needs during this difficult time.

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