POMS Reference

DI 23515: non-citizen Cases

TN 1 (02-11)

Citations:

Public Laws (P.L.) 104-193, 104-208, 105-33; SSR 03-3p, Titles II and XVI: Evaluation of Disability and Blindness in Initial Claims for Individuals Aged 65 or Older

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended by the Balanced Budget Act of 1997, allows eligible non-citizens to apply for Supplemental Security Income (SSI) if:

  • they were lawfully residing in the United States on 8/22/96;

  • are qualified non-citizens; and

  • are blind or disabled, regardless of age or date of onset.

Disability or blindness determinations may be needed for qualified non-citizens age 65 or older who allege disability or blindness, but do not meet any of the other "non-citizen eligibility criteria." (See SI 00502.142).

NOTE: Effective 11/10/03, SSR 03-3p provides a Policy Interpretation Ruling-Titles II and XVI: Evaluation of Disability and Blindness in Initial Claims for Individuals Aged 65 or Older. This ruling clarifies Social Security Administration standards and procedures for adjudicating disability and blindness claims for individuals aged 65 or older under Titles II and XVI of the Social Security Act.