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Q: health insurance for non-citizens ( Answered,   0 Comments )
Question  
Subject: health insurance for non-citizens
Category: Health > Medicine
Asked by: blondemama15-ga
List Price: $40.00
Posted: 17 Mar 2006 22:22 PST
Expires: 16 Apr 2006 23:22 PDT
Question ID: 708701
I urgently need to find out how to get health insurance for a
non-citizen in US. My Grandmother is 60 years old is not a citizen but
has a green card. She is very very sick. She has severe arthritis,
liver priblems( hepatitis C) Kidney failure ( constant kidney stones)
her diaphram went up and she has problem breathing, and her heart lies
horizantally.
She has worked in United States for 10 years and paid taxes for 10
years. She hasn't yearned much but she definitly can't work now. SHe
is extremely sick. Is there are any health insurance or government
help that can give her health insurance because she can't afford her
living. would you please help us find something please. THank you so
much.

Clarification of Question by blondemama15-ga on 17 Mar 2006 22:24 PST
Also can she be eligible for disability or other benefits

Request for Question Clarification by hummer-ga on 18 Mar 2006 09:33 PST
Hi blondemama15,

Have your grandmother take the following test (or you could do it for
her) to determine if she qualifies for any of the following Social
Security benefits:

    * Medicare
    * Social Security Disability
    * Social Security Retirement
    * Social Security Survivors
    * Special Veterans
    * Supplemental Security Income (SSI)

Benefit Eligibility Screening Tool (BEST)
http://best.ssa.gov/

When you let me know the results, also let me know what state she lives in.

Thanks,
hummer

Clarification of Question by blondemama15-ga on 18 Mar 2006 15:00 PST
Dear Hummer, I have filled out that form and they told me that she
only get benefits form her spouse.
She is now divorced and her ex spouse doesn't live in United States.
What's now?

Clarification of Question by blondemama15-ga on 18 Mar 2006 15:01 PST
She lives in Florida

Request for Question Clarification by hummer-ga on 18 Mar 2006 17:02 PST
Hi blondemama15,

I think you should do that test again, making sure to put that she is
not married.  Make sure everything is correct, if there is something
you are not sure of, ask your grandmother.

Regards,
hummer

Request for Question Clarification by hummer-ga on 18 Mar 2006 17:14 PST
Do this one too:

Public Assistance Screening Survey
http://www.dcf.state.fl.us/ess/prof1.shtml

Clarification of Question by blondemama15-ga on 18 Mar 2006 17:48 PST
Dear Hummer, the first questionare doesn't ask you if you spouse is in
United States it just asks you for his birth Date, when they were
married, if he still alive and if she gets benefits from him.
Second questionare says that she is eligible for food stams, money,
and medicaid for disabled.
Also we already applied for disability but they turned us down. They
said that they can't help her because she is not a citizen and because
she is not 65 yet.
DO you think we should try again. or maybe you can find some low cost
insurance that covers surgeries.

Thank you so much for your time and understanding.

Request for Question Clarification by hummer-ga on 18 Mar 2006 17:54 PST
Hi blondemama,

If your grandmother is divorced, she isn't married. You should answer
"no" to that question.

hummer

Clarification of Question by blondemama15-ga on 18 Mar 2006 18:45 PST
Hummer,
It said that she could apply for SSI. its weird beacuse they turned us
down once. But now it sais that she qualifies

Thanks

Request for Question Clarification by hummer-ga on 18 Mar 2006 18:45 PST
Blondemama15, when did your grandmother become a Lawful Permanent
Resident (LPR)? Was it before or after August 22, 1996?  hummer
Answer  
Subject: Re: health insurance for non-citizens
Answered By: hummer-ga on 18 Mar 2006 19:32 PST
 
Ok, that's great news, blondemama15!  Ofcourse her disability will
still have to be taken under consideration, but it sounds like she is
good to go. If SSA accepted your online answers, then her LPR status
is fine and all should be well. Once she has her SSI, she will
automatically receive Medicaid from the State of Florida. Don't let
anyone tell her that she has to be a citizen because it isn't true.

Qualified Alien
The term, created in the 1996 welfare reform legislation (P.L.
104-193), refers to lawful permanent residents..."
"Qualified" immigrants are generally eligible for federal public
benefits on the same basis as citizens if they entered before Aug. 22,
1996, when the welfare law was enacted..."
http://www.ncsl.org/programs/immig/common.htm 

Social Security Administration SUPPLEMENTAL SECURITY INCOME (SSI)
Purpose
SSI is a cash assistance program administered by the Social Security
Administration. It provides financial assistance to needy aged, blind,
or disabled individuals.
Requirements
To be eligible for SSI, an individual must:  
? Be aged (65 or older), blind, or disabled.  
? Be a U.S. citizen (certain legal immigrants may be eligible; contact
SSA for more information).
Medicaid
Florida residents who are eligible for an SSI check of at least $1
from Social Security automatically receive Medicaid from the State of
Florida.  SSI recipients who need long term nursing facility care
services must meet additional requirements for those benefits. (See
Institutional Care Program for more information.
TECHNICAL requirements: To be eligible, an individual must: 
? Be aged (65 or older), blind, or disabled (if under 65 years). 
Note: The disability must prevent substantial gainful activity (e.g.,
employment), last longer than 12 months, or be expected to result in
death. Individuals who receive a disability check based from Social
Security based on their own disability automatically meet this
requirement.
If SSA has denied disability payments within the past year because
they determine an individual is not disabled, the state must adopt the
SSA decision in most cases.
? Be a U.S. citizen or a qualified noncitizen. 
Note: A noncitizen admitted to the U.S. with a qualified status on or
after August 22, 1996 may have a waiting period before being eligible
to receive Medicaid benefits. Individuals residing in the U.S. as a
permanent resident under color of law do not meet noncitizen
requirements. Contact your local Department of Children and Families
service center or program office for more information.
? Be a Florida resident. 
? Have a Social Security number or file for one. 
? File for any other benefits to which they might be entitled. 
? Disclose other third party liability (i.e., health insurance). 
http://www.dcf.state.fl.us/ess/ssifactsheet.pdf

So the next thing you have to do is read about how her disability must
meet Social Security's definition of disability. A good place to do
that is their Disability Planner.

Disability Planner:
Let's look at the requirements more closely:
    * How much work do you need?
    * What we mean by "disability."
    * How we decide if you are disabled.
    * Special Situations
http://www.ssa.gov/dibplan/index.htm

I'm glad I was able to help you with this and I hope all goes well. If
you have any questions, please post a clarification request and wait
for me to respond before closing/rating my answer.

Thank you and good luck to you both,
hummer

Google Search Terms Used: florida medicare medicaid lpr qualified immigrants ssi

Request for Answer Clarification by blondemama15-ga on 19 Mar 2006 15:54 PST
Hummer,
YEs she came to America Before August 22, 1996, on a working visa, and
recieved her green card about 4 years later. At the Social Security
Office their axcuse was that she had a visa before aug 22, 1996 but
she needed a green card in order to get some benefits, in our case
medicaid.

Thank you again

Clarification of Answer by hummer-ga on 19 Mar 2006 19:30 PST
Hi blondemama15,

Yes, there's a 5-year waiting period for immigrants who received their
LPR status after August 22, 1996. As long as you filled out the test
correctly, she has a good chance this time.

All the best to your Grandma (she's lucky to have you),
hummer

Request for Answer Clarification by blondemama15-ga on 30 Mar 2006 12:53 PST
Hummer sorry to bother you again.
i have one more thing to verify.
So basically she is a "quilified alien" even if she came to America by
working visa?
and how to explain to a SSA Agent that she quilifies if they already
turned her down one time, saying that she didn't quilify because she
didn't have her SOcial Security NUmber before Aug 22, 1996 and didn't
have her green card.

ALso on SSA web page they saying that she had to work in US and pay
social security taxes, but she never paid those taxes.

Thank you

Clarification of Answer by hummer-ga on 30 Mar 2006 19:44 PST
Hi blondemama15,

Sorry, I didn't receive a notification of your clarification and have
just seen it now. I will probably be out all day tomorrow so I'll get
back to you this weekend. I can tell you quickly, though, that if your
grandmother is a legal permanent resident (green card), she is a
Qualified Alien".

TITLE 8 > CHAPTER 14 > SUBCHAPTER IV >  1641
 1641. Definitions
Release date: 2004-02-11
(a) In general
Except as otherwise provided in this chapter, the terms used in this
chapter have the same meaning given such terms in section 101(a) of
the Immigration and Nationality Act [8 U.S.C. 1101 (a)].
(b) Qualified alien
For purposes of this chapter, the term ?qualified alien? means an
alien who, at the time the alien applies for, receives, or attempts to
receive a Federal public benefit, is?
(1) an alien who is lawfully admitted for permanent residence under
the Immigration and Nationality Act [8 U.S.C. 1101 et seq.],
http://www4.law.cornell.edu/uscode/search/display.html?terms=1641&url=/uscode/html/uscode08/usc_sec_08_00001641----000-.html

That doesn't necessarily mean that she qualifies for benefits, but she
*is* a Qualified Alien.

I'll get back to you as soon as possible with further explanations, in
the meantime, please explain, "ALso on SSA web page they saying that
she had to work in US and pay social security taxes, but she never
paid those taxes." In your original question you said, "She has worked
in United States for 10 years and paid taxes for 10 years."

"Federal law generally requires that all workers should pay Social
Security taxes, and therefore be covered under SSDI for services
performed in the United States. This is true even if they are
nonresident aliens or employees who work here for short periods."
http://www.nolo.com/product.cfm/ObjectID/03C58536-EEDE-41D7-90FC0E4DAA51B476/sampleChapter/2/213/

Regards,
hummer

Clarification of Answer by hummer-ga on 01 Apr 2006 08:07 PST
Hi again, blondemama15,

From what you have said, I know:

1) She came to America before Aug 22, 1996
2) She entered on a working visa
3) She became disabled
4) She received her green card 4 years later (LPR status)
5) She is a Qualified Alien 
6) She worked for 10 years
7) She paid taxes for 10 years
8) She passes the Benefit Eligibility Screening Tool 

Nos. 1, 2 & 3:
"lawfully residing in the United States on August 22, 1996, and ...
became disabled ...(8 U.S.C.  1612(a)(2)(F).)
http://www.nolo.com/product.cfm/ObjectID/03C58536-EEDE-41D7-90FC0E4DAA51B476/sampleChapter/2/213/

Nos. 4 & 5:
 1641. Definitions
Release date: 2004-02-11 1641. Definitions
Release date: 2004-02-11
(a) In general
Except as otherwise provided in this chapter, the terms used in this
chapter have the same meaning given such terms in section 101(a) of
the Immigration and Nationality Act [8 U.S.C. 1101 (a)].
(b) Qualified alien
For purposes of this chapter, the term ?qualified alien? means an
alien who, at the time the alien applies for, receives, or attempts to
receive a Federal public benefit, is-
(1) an alien who is lawfully admitted for permanent residence under
the Immigration and Nationality Act [8 U.S.C. 1101 et seq.],
http://www4.law.cornell.edu/uscode/search/display.html?terms=1641&url=/uscode/html/uscode08/usc_sec_08_00001641----000-.html

Nos. 6 & 7:
"Federal law generally requires that all workers should pay Social
Security taxes, and therefore be covered under SSDI for services
performed in the United States. This is true even if they are
nonresident aliens or employees who work here for short periods."
http://www.nolo.com/product.cfm/ObjectID/03C58536-EEDE-41D7-90FC0E4DAA51B476/sampleChapter/2/213/

No. 8:
She should be eligible for at least SSI because:
she was  "lawfully residing in the United States on August 22, 1996,
and ... became disabled ...(8 U.S.C.  1612(a)(2)(F).)
http://www.nolo.com/product.cfm/ObjectID/03C58536-EEDE-41D7-90FC0E4DAA51B476/sampleChapter/2/213/

What is Social Security Disability?
A. Two Different Programs
Once you qualify as disabled under the Social Security Act, the SSA
makes disability payments under one of two programs:
 * Social Security Disability Insurance (SSDI), for workers who have
paid into the Social Security trust fund (and their dependents), and
 * Supplemental Security Income (SSI), for disabled individuals with
limited incomes and assets (and their dependents).
Federal law generally requires that all workers should pay Social
Security taxes, and therefore be covered under SSDI for services
performed in the United States. This is true even if they are
nonresident aliens or employees who work here for short periods.
SSI disability payments are usually available only to U.S. citizens.
There are several exceptions, however, under which noncitizens might
be eligible, including the following:
* You were lawfully residing in the United States on August 22, 1996,
and you are blind or otherwise became disabled at any time. (8 U.S.C.
 1612(a)(2)(F).)
http://www.nolo.com/product.cfm/ObjectID/03C58536-EEDE-41D7-90FC0E4DAA51B476/sampleChapter/2/213/

TITLE 8 > CHAPTER 14 > SUBCHAPTER I >  1612	
 1612. Limited eligibility of qualified aliens for certain Federal programs
http://www4.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001612----000-.html

What to do:

Apply for Disability Benefits - Adult (Age 18 or Over)
http://www.ssa.gov/applyfordisability/adult.htm

Good luck!
hummer
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