Ask Larry

Am I Not Entitled To Benefits Based On P.L. 108-203?

I am 70 and have applied for my social security benefits which was approved but withheld because I am not legally present in the US. I entered US with a J1 visa in 2005, obtained a SSN, worked for one year, following year obtained a waiver of Section 212(e). The rest is history, and I am still working.
Am I NOT entitled to my benefits according to the provisions of the Social Security Act of 2004 (P.L. 108-203)?

Hi. If you have at least 40 quarters (QC) of Social Security coverage then you'd be entitled to retirement benefits. But, being 'entitled' to benefits simply means that you've applied for and meet the requirements for a benefit. Social Security still can't pay you your benefits unless you're either a U.S. citizen or you are lawfully present in the U.S. For more information, refer to the following section of Social Security's operations manual: https://secure.ssa.gov/apps10/poms.nsf/lnx/0300301102#c.

Best, Jerry

Posted: 
Dec 6 2021 - 12:51pm
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