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!

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