General Eligibility Requirements
NOTE: Glossary words are highlighted. Click on any glossary word to see its definition.
Who is eligible for SSI?
To be eligible for SSI, you need to meet the following requirements:
- You must have limited income and resources,
AND
- You must be a child or adult who is blind,
- OR a child or adult who is disabled,
- OR 65 years of age or older,
AND
- You must live in the United States,
AND
- You must be a U.S. citizen
- OR an eligible noncitizen.
NOTE: Under SSI, a child is defined as being under age 18; or under age 22 and in school or other training to prepare for a job; and unmarried.
Who is not eligible for SSI?
You are not eligible for SSI if any of the following apply:
- Your disability is based only on alcoholism or drug addiction.
- You are a "fugitive felon," meaning you have been charged with or convicted of a felony and you are fleeing to avoid trial or imprisonment.
- You are in prison or jail.
- You violate federal or state parole or probation.
- You have given away or sold resources for less than they are worth in order to get under the SSI resource limits. (You will be ineligible for up to three years.)
In most cases, you are only eligible for the SSI personal allowance (not full SSI benefits) if you are in a hospital or nursing home for a month or more, and MassHealth pays more than 50% of the cost of care. Note: If your stay is not likely to last more than 3 months and you plan to return home, you may be allowed to get full benefits while you are institutionalized.
What is the SSI definition of disability?
For an adult, the SSI requirement for disability is based on your ability to work. You will be considered disabled if you cannot do work you did before and you cannot do a different kind of work because of a severe physical or mental condition.
For a child, SSI requirements for disability are that the child must suffer from serious physical and/or mental problems that prevent the child from living a normal life.
For both adults and children, the disability must last, or be expected to last, for at least a year, or to result in death.
What is the SSI definition of blindness?
To be eligible for SSI benefits because of blindness, you must be either totally blind or have very poor eyesight. SSI defines blindness as 20/200 vision or less in your better eye with best correction; or your visual field is 20 degrees or less, even with a corrective lens.
NOTE: If you do not qualify for SSI as a blind person, but your vision is very poor and prevents you from working, you might qualify for SSI as a disabled person.
Can noncitizens get SSI?
Some noncitizens can get SSI. If you meet the other SSI eligibility requirements, you may be able to get SSI if you are in one of the following eligible noncitizen categories:
- Lawful permanent residents (including Amerasian immigrants)
- Conditional entrants
- Parolees, paroled into the U.S. for at least one year
- Refugees
- Asylees
- Withholding of deportation noncitizens
- Cuban/Haitian entrants (known to be in the U.S., but not facing deportation)
- Battered noncitizens
and you meet one of the following conditions:
- you were lawfully living in the U.S. on August 22, 1996 and you were receiving SSI on that date
- you were lawfully living in the U.S. on August 22, 1996 and you are blind or disabled
- you are a lawful permanent resident with 40 credits or more of work in the U.S. (spouse or parent work may also count)
Note: LPRs who entered the U.S. after August 22, 1996 may have to wait five years to get SSI.
- you are on active duty in the U.S. Armed Forces or an honorably discharged veteran
- you are a refugee, asylee, Amerasian immigrant, Cuban/Haitian entrant, or withholding of deportation noncitizen - usually limited to a maximum of seven years of SSI benefits
American Indians born in Canada and victims of severe forms of trafficking can also get SSI.
You must have proof of your immigration status, and proof of military service if you served in the U.S. Armed Forces. In certain limited cases, getting cash assistance like SSI can affect your chances of becoming a legal permanent resident.
Noncitizen eligibility for SSI is complicated and the rules are subject to change. Your SSI representative will explain the rules that apply to you. If you are not sure of your immigration status, you should get Legal Assistance before you apply for SSI. The Social Security Administration is required to report immigrants who are known to be "unlawfully present" in the United States.
Can people with HIV/AIDS get SSI?
If you have HIV/AIDS, you can get SSI disability benefits if you meet medical eligibility rules, are unable to do substantial work for at least a year, and have limited income and assets. (See Financial Eligibility for income and asset rules.)
Being HIV+ does not automatically qualify you as disabled under Social Security rules. To get a disability determination, you must provide:
- the names and addresses of doctors, clinics, and hospitals who have treated you
- the ways in which HIV/AIDS has affected your daily life
- the types of jobs you had before becoming disabled
- a form from your doctor describing how HIV/AIDS has affected you
If you have HIV/AIDS and you apply for SSI, you may be able to get up to six months of SSI benefits right away while you wait for official approval. To qualify for immediate benefits based on "presumptive disability," your disability must clearly prevent you from working and you must meet all other SSI eligibility requirements. You do not have to pay back these benefits if the SSA finds you not eligible for SSI.
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