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HIV /AIDS disability benefits from Social Security

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My daughter was married with an american citizen for 3 years.She worked in New York with contract for 4 years(Medical Benefits,Dental Benefits,Life Insurance: 1x your annual salary,Accidental Death and Dismemberment Insurance,Long-Term Disability Insurance,etc).
Unfortunately when she was living in US she got ill with HIV/AIDS and developed severe mental illness.After she lost her minds was hospitalized and inserted in a shelter program.We managed to bring her back in our country(europe).She is retired because of her sickness and recive pension and food stamps for the years worked in our country.Can you tell us if she is eligible for pension/welfare/food stamps for the years worked in USA(with contract)-?Which authority/department should we contact?We are from Europe. Thank You!

Attorney Answers 3

Posted

Social Security is an insurance program in which benefits are earned by paying premiums in the form of payroll taxes. As a general rule 40 covered quarters (equivalent to 10 years of working) are required. On that bases, it seems clear that your daughter is not eligible for Social Security payments. The other types of welfare benifits you name have other requiremens and are not generally retroactive as well as limited to residents if not citizens.

It is regrettable that your daughter fell ill while in our country. Best wishes for an outcome you can accept, and please remember to designate a best answer.

This answer is offered as a public service for general information only and may not be relied upon as legal advice.

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Posted

Thank You encouraging! This situation destroyed us.In the European Union if a person worked in another EU state and suffered an accident and can't work anymore, the person receives a pension from the state where he worked abroad and in the homeland(for the years worked with contract)

Posted

I agree with Ms. Sinclair that there are probably no benefits available to your daughter through the US government. For other readers, had the writer's daughter sought benefits while still in the United States she might have been able to receive SSI or Medicaid depending on her specific circumstances.

Any answers provided to questions are for general information only and do not establish an attorney-client relationship. You should seek legal advice for your specific situation.

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In the European Union if a person worked in another EU state and suffered an accident(disability) and can't work anymore, the person receive a pension from the state where he worked abroad and from the homeland country (for the years worked with contract in both states).It's terrifying: you go in the USA with great expectation,work legal with contract and if you are injured or disabled you wish that you never went to that country...

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Posted

She can no longer take care even of her.She is a person with severe disability(cant work anymore)and she will be institutionalized

Posted

Sorry to her about your daughter. As Attorney Sinclair stated, she needed to work in the US for 10 years before becoming eligible for social security.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

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Thank You!

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Posted

In the European Union if a person worked in another EU state and suffered an accident(disability) and can't work anymore, the person receive a pension from the state where he worked abroad and from the homeland country (for the years worked with contract in both states).It's terrifying: you go in the USA with great expectation,work legal with contract and if you are injured or disabled you wish that you never went to that country...

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