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Ineligibility for SSI/SSP
To be initially eligible for CAPI, an individual must be ineligible for SSI/SSP solely due to his or her immigration status. Ineligibility must be verified by one of the following:
- An informal denial letter, or other verification (e.g., N13 code displayed on the INQX screen in MEDS) from SSA issued within 6 months of the CAPI application date that states the person is ineligible for SSI/SSP due to immigration status.
- A formal denial letter from the SSA issued within 6 months of the CAPI application date that states the person is ineligible for SSI/SSP due to immigration status; or
- Verification that an SSI/SSP application based on disability has been filed with SSA and is pending a final determination (this includes pending appeals if related to disability or immigration status). Examples of verification from SSA include:
- An SSI/SSP application summary letter,
- A receipt from the online SSA portal when an SSI/SSP application is submitted electronically,
- A print of an SSI/SSP application status from the online SSA portal, or
- Any type of correspondence from SSA that indicates an SSI/SSP application has been filed.
- A county-generated SSI/SSP referral form (i.e. SCD 169) that includes:
- Notation from the SSA representative that the client is not eligible due to immigration status,
- Name of the SSA representative, and
- SSA office stamp including date.
Important: Individuals who are not a qualified alien are automatically ineligible for SSI/SSP and must not be referred to SSA. [Refer to Immigration Status].
CAPI must be denied when the applicant is under 65 years of age and a disability determination is pending with Social Security Administration since the applicant will either be found eligible for SSI/SSP or denied due to not being disabled; which are reasons other than immigration status.
SSI Reimbursement
If SSI/SSP is APPROVED, CAPI and/or General Assistance benefits paid as Interim Assistance while the SSI/SSP application was pending are reimbursed. Refer to IAR chapter.
CAPI Applicants with Expired SSI/SSP Benefits
Refugees and other humanitarian immigrants (including asylees, persons granted withholding of deportation or removal, Cuban and Haitian Entrants, Amerasians, and victims of human trafficking) may be eligible for SSI/SSP for a period of seven years.
Under the “SSI Extension for Elderly and Disabled Refugees Act” (Public Law 110-328), which became effective on October 1, 2008, eligible SSI/SSP recipients were able to receive SSI/SSP for at least two additional years. However, the two-year extension in eligibility provided by the P.L. 110-328 has expired on October 1, 2010 [Refer to “Immigration Status” chapter].
EW must verify the following for all CAPI applicants whose SSI/SSP were recently terminated:
- Termination of SSI/SSP benefits,and
- Disability status and reexamination date (only applies to disabled clients).
Refer to CAPI Applicants with Expired SSI/SSP Benefits for more information.
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