US Citizen living in Canada applying for SSDI
 

I am a US citizen who is also a Canadian landed immigrant living In Canada (Toronto) and have lived in Canada for ten years. Before that, I lived in the US since 1954. I am now aged 57. I have been on Ontario Disability Pension benefits for two years now. I would like to apply for medical disability benefits (SSD) in Massachusetts so that I can move permanently back to the US to be close to my children who live near Boston.

1) Would I qualify to apply, given that I have not lived in Massachusetts or anywhere in the US for the past ten years?

2) If so, where is the online application for this?

3) Any other advice appreciated.

Thanks.

Interesting..........

Due to your particular & unique situation, I would discuss with an attorney in Massachusetts. Find one who deals w/SSD cases only.

All applications can be found on the SSD website as well as other information: http://www.ssa.gov/disability/




Good luck! :hug:

Original poster here: Any idea how to know who among the lawyers online to choose from?

What would be easier, is to have your children in Massachusetts check their local Yellow Pages & search for "Social Security Disability" attorney/law firms.

Or you can search the online Yellow Pages yourself. Just make sure that the attorney and/or law firm only handles SSD cases. The initial consultations are FREE! :)


PS Check out the 3 sticky posting at the top of this forum. May be some helpful info in one those stickies.

i would look for a lawyer that formerly worked for social security. they know the ropes and the players. they will list that in their ad.

I'd suggest a firm that deals with WC as well, will be fine since it seems common that firms handle both types of disability claims.

1. Anyone can apply. But you may have a problem meeting insured status for Social Security Disability unless you are eligible for totalization benefits

http://www.socialsecurity.gov/intern...ts/canada.html

What is your date of onset of disability? What is the last date you worked and paid US Social Security taxes (FICA)? In the 10 year period before your date of onset of disability, did you earn enough money to earn 40 credits (roughly 5 years) under US Social Security. If not, you won't qualify.

2. Best way to find out is to file a claim. Go to www.socialsecurity.gov and you can do it online.

3. You may have to wait until age 62 to get retirement Social Security instead.

Thanks. I'm going to talk to a US lawyer near Boston in three days to see what advice he has. I have a recent SS Estimate in hand.

One question, though: I already submitted the first somewhat short online form ("preliminary" something I think it was called). I was then informed to fill out and submit the "Disability Report" (14 pages) online. But, since I checked off that I live out of the country, I was told to instead download, print out and then send the completed form along with medical assessments by regular mail. It says, for the online one anyway, it needs to be submitted within 5 days.

Problem is, there's no way I will have all the medical information gathered in such a short time. I will have it all in probably 5 to 6 weeks from now.

Will my application be refused because I have waited over a month to complete and send the completed Disability Report along with the medical assessments?

What was the last date you worked in the US?
What is your date of onset of disability?
In the 10 year period before your date of onset of disability, did you work five years paying social security taxes?

You have to be 'insured' for Social Security disability and your date last insured must be after your date of onset of disability. Since you have been out of the US for 10 years, your date last insured may be some time in the past, maybe five years ago or more, and since you have been working until two years ago, your onset date is probably after your date last insured.

Compare it to car insurance. If you stop paying car insurance, at some point your policy lapses. If you have an accident AFTER that date, the car insurance doesn't pay anything.

The best Social Security lawyer cannot re-create the past. Did you read the link about totalization? There are complex rules that explain when your Canadian work can be combined with US work to create insured status. Those claims are generally handled by a very specialized unit in SSA.

Hello Shokan, have you spoke with anyone in the Ontario Disability department? I would think that they would have an procedure or plan they follow to assist you moving to the the US and getting SSD or some type of advice to help you to get the process going.
Good Luck,
Bunz

Yes, I have a doctor in Canada who is connected with ODSP, some kind of big-shot consultant to the review board. So, he will most likely have advice when I see him this coming week.

As far as SS eligibility based on work history, date of onset etc, these will be things the lawyer in Boston will hopefully be able to determine when I speak to him in a few days.

Thanks for all the suggestions in this thread. Fingers crossed.

Frankly, Janke is more than qualified to help you figure this out if you simply answered the questions posted... :Scratch-Head:

'What was the last date you worked in the US?'

December 2001


'What is your date of onset of disability?'

I worked in Canada 2002 (date of landing) until 2007. I applied for ODSP 2010 and got it a couple months later. My mental issues began right after multiple documented childhood and early adult emotional traumas occurred (which began in 1963 at age 9, described by my current doctor who did the ODSP application for me as 'horrendous'), and this formed the basis of my ODSP application. My work history has been spotty and at low wages throughout my life both in the US and Canada because of it. So, when did the disability begin its onset? IMO, before I was of working age.

The documented childhood traumas were: death of father from a brain tumor when I was 9 (1963); death of my mother from cirrhosis due to alcoholism (1976). Undocumented at the time of occurrence was sexual abuse by a family member when I was a child. Later traumas include separation from my children in 1987 due to my own alcoholism (sober now for years), depression and other mental issues. There were other traumas as well.


About Credits.

My SS Statement from Jan 2010, which is 8 years after I stopped working in the US 2001 (but worked in Canada 2002-2007), says: 'To get credits if you became disabled right now, you need 34 credits of work, and 20 of those credits had to be earned in the last ten years. Your record shows you do not have enough credits in the right time period.'


Judging from this, it appears I do not qualify for SSDI.

My previous post answers your questions from your 2 posts, I think.

But you may qualify for SSI - Supplemental Security Income. Clicky click-----> What is Supplemental Security Income?


You're attorney that you recently hired will be better able to answer all of your questions since he/she will have all of your pertinent documents.

I read about SSI at the link webpages. I don't understand, though. What is the difference between getting benefits from SSDI and SSI, since the SSI site says:

'SSI makes monthly payments to people who have low income and few resources and are:

-Age 65 or older;
-Blind; or
-Disabled."

(Also, I would not be working, so there is nothing to supplement. It would need to be the total of what I require to live on)

I haven't hired a lawyer. I may speak to one in a few days but the information I get from this would most likely be pretty limited. I could not afford a lawyer.

edit: I am not able to post the link for a "Wisegeek" Google result webpage that is titled "What is the difference between SSDI and SSI?", because of my post count here. I now understand the difference after reading it. But, I also see that SSI would be a type of assistance that would likely be considerably less than that which I would receive for SSDI.

The tricky thing about claiming a date of onset back to age 9 or even age 17 is then you also have to establish that none of the work you did after that date would represent Substantial Gainful Activity. It happens alot with developmentally disabled adults who work in sheltered workshops or with job coaches or under special circumstances. They earn their Social Security credits but never earn enough money to be considered SGA. They never manage to work in a competitive job. Sheltered workshops pay by the piece. A person can work all day long and hardly earn any money because they didn't produce very much. And they need lots of supervision. I am guessing from your posts that you are not developmentally disabled.

With a really old onset date, SSA would also have to establish your date FIRST insured, because you can't be paid if you were never insured. Happens rarely.

If you have been in the work field like everyone else, putting in your 20, 30, 40, 50 hours a week for years on end, competing for jobs with everyone else, getting paid like everyone else, dragging yourself to work and doing your job even though it hurt, you could not be found disabled any earlier than the day you stopped working. If you demonstrate that you have been able to work, SSA will not find you disabled 5, 10 or 20 years ago.

You said you work history was 'spotty' but you would need to show monthly dollar amounts in order for an SGA decision to be made in your favor. Unless you saved pay stubs, it can be difficult.

So if your Social Security statement says you are not currently insured, it is using the date of the statement (2010) as your date of onset. You said you worked until 2007 so the statement is not correct as far as date last insured. SSA can figure your date last insured if you file a claim.

I think you need to file a claim but in your case, I would do it in person, not on the Internet, so you can sit down and talk to a real person who can show you the numbers. SSA can verify your annual earnings, just not your monthly amounts. You would need the start and stop date of every job you have had since your date first insured. You would need the names of all the old medical treating sources from 10 or 15 years ago. I think it is a real uphill battle. And you may not prevail.

If you do see a lawyer first, you should be sure that he/she is very familiar with work after onset and SGA issues.

Can you get your Canadian pension when living in the US? How much is it in US dollars? That would be income that could be supplemented.

SSI has a lot of other rules about payment. You would have to provide everything about your personal financial business and living arrangements. For as long as you are on SSI. You also have to be living in the US, not just visiting, to qualify. And a decision about whether or not you are disabled will not even be made if you are not living in the US. SSI is public assistance for the disabled.

Sorry, no helpful answers. But I do think you should file a claim and get an official answer on both programs.

I also think you need to read up on totalization. I know very little about it.

PS Thanks Lit Love, for the kind words.

Hello shokan, our Ontario Disability plan is a type of assistant program, most people who do not qualify for CPP-Disability will apply for ODSP. I am not sure what ODSP pays monthly but I'm sure it does not give you the required amt you need to live on? As well with Ont Disability they can request medical updates from your Dr when they feel they need to be updated to confirm you have not gotten better or recovered, with CPP-Disability you are deemed permanently disabled may have to update medical every 5-7yrs just my guess, basically I'm thinking SSI is no different than what you are on here in Canada.
Bunz

Yes

Rules for collecting SSI

Read all the other related information on that site.