claiming disability benefits on EAD

[anands123]

I am on EAD. I payed taxes for 10 years and currently I am disabled. Can I apply for disability benefits?

thanks in advance
anand.

 

[disabledme]

sure, you have few options, normally states and fed have this insurance, first 3 months they pay for std i.e short term disability after that they pay for 1 yr as LTD i.e long term disability. google for edd disability you can get more info, better go thru all details.

Also you can apply for private insurance if you have one ( check in paystub if you work for any company) benefits may vary in this uoto your retirement age and more..

 

[Jackolantern]

Private or government disability benefits? You can get private disability benefits without affecting your I-485*. But taking government disability benefits could cause your I-485 to be rejected on public charge grounds (possible exception is Social Security Disability if you have the required number of credits).


*except if it is an employment-based I-485 and you are the primary beneficiary and the disability permanently prevents you from working in a job that qualifies you for the green card.

 

[4mylilbigboy]

I am going through the same thing. I looked for every 'loophole' on the system since I paid SS before and I have the required credits to receive disability benefits. But NO, they will not pay us any benefits unless you are a legal resident or citizen.

 

[disabledme]

they pay

thats not true, i'm getting ca LTD now as I don't have enough credits for fed ssi, check ca disability if you live in ca at disabilitybenefits101.org, here they explain everything on disability in CA and US. Also check edd website.

I'm not sure about 485 issues as I'm in same boat now waiting for 485 approval?

 

[disabledme]

Jacjolatern,

your response
'*except if it is an employment-based I-485 and you are the primary beneficiary and the disability permanently prevents you from working in a job that qualifies you for the green card.
gives me hope as I fall in this category, tell me that you know somebody who got gc based on this.
My private LTD insurance will end if I live in foreign country for more than 1 yr, so I'm desperate to know this info which could extend my LTD upto age 65
___

 

[Jackolantern]

Jacjolatern,

your response
'*except if it is an employment-based I-485 and you are the primary beneficiary and the disability permanently prevents you from working in a job that qualifies you for the green card.
gives me hope as I fall in this category, tell me that you know somebody who got gc based on this.

You misunderstood what I wrote.

My sentence before the "except" was saying that private disability benefits normally will NOT affect affect your I-485. The "except" part refers to a situation where the private disability WILL affect your I-485. If you have an employment-based GC process and you permanently cannot work in the job on which your green card petition is based, or another "same or similar" job according to AC21, you lose eligibility for the green card.

If USCIS finds out about the situation before GC approval, they will deny the green card unless you can convince them you will be able to work again upon green card approval. If you get the green card before USCIS finds out, they can revoke it when they find out.

I was referring to employment-based green cards where you are the employee who is the primary beneficiary. But if your spouse is the employee being sponsored and you are a dependent, or if your green card is family-based or asylum-based, there is no requirement for you to be employed so the disability and unemployment wouldn't affect your I-485.