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This section is adapted from CRS Report RL32004, Social Security Benefits for Noncitizens, by Dawn Nuschler and Alison
Siskin.
5
Social Security Administration, Office of the Chief Actuary, Social Security Program Fact Sheet, Washington, DC, July 17,
2014, http://www.ssa.gov/OACT/FACTS/.
6
Generally, the work of aliens who are citizens of a country with which the United States has a totalization agreement is not
covered by Social Security if they work in the United States for less than five years. In addition, by statute, the work of aliens
under certain visa categories (such as H-2A agricultural workers, foriegn students) is not covered by Social Security. See CRS
Report RL32004, Social Security Benefits for Noncitizens, by Dawn Nuschler and Alison Siskin.
7
For Social Security payroll taxes to be withheld from wages, a worker must provide a Social Security number (SSN) to his or
her employer. An alien who is working in the United States without authorization (1) may have an SSN because he or she worked
in the United States legally and then fell out of status; or (2) may have obtained an SSN fraudulently.
8
For more information, please refer to CRS Report R43542, How Social Security Benefits Are Computed: In Brief, by Noah P.
Meyerson; CRS Report R42035, Social Security Primer, by Dawn Nuschler.
Benefits may be paid to eligible survivors of workers who were fully insured at the time of death. Some
dependents are also eligible if the deceased worker was "currently insured," which requires earning 6 QCs
in the 13 quarters ending with the quarter of death.
To be eligible for disability benefits, in addition to being fully insured, workers also must satisfy a
recency of work requirement and meet the programs definition of disability. To satisfy the recency of
work requirement, workers aged 31 and older must have earned 20 QCs in the 10 years before becoming
disabled (which generally means having worked in five of the last 10 years). Fewer QCs are required for
younger workers. To be considered disabled, an individual must be found to be unable to engage in
substantial gainful activity (SGA) by reason of a medically determinable physical or mental impairment
expected to result in death or last at least a year.9
An individuals Social Security disability benefits are calculated in two steps:
First, a summarized measure of lifetime earnings is computed. That measure is called the
average indexed monthly earnings (AIME). Rather than using the amounts earned in past
years directly, the AIME computation process first updates past earnings to account for
growth in overall economy-wide earnings.
Second, a benefit formula is applied to the AIME to compute the primary insurance
amount (PIA). The benefit formula is progressive. As a result, workers with higher
AIMEs receive higher Social Security benefits, but the benefits received by people with
lower earnings replace a larger share of past earnings.
When the AIME is computed, only a fixed number of years (computation years) of earnings are
averaged. If the person worked fewer than 35 years in employment subject to Social Security payroll
taxes, the computation includes some years of zero earnings. For example, benefits for workers who
immigrated to the United States may be based only on their earnings in the United States and could
include zero earnings for years before they immigrated, even if they had earnings in another country.
In the case of workers who die before turning 62 years old, the number of computation years is generally
reduced below 35 by the number of years until he or she would have reached 62. For example, the AIME
for a worker who died at 61 is based on 34 computation years. For disabled workers, the number of
computation years depends primarily on the age at which they become disabled, increasing from two
years for those aged 24 or younger to 35 years for those aged 62 or older.10
The monthly benefit amount is based on the PIA. For retired workers who claim benefits at their full
retirement age (which is currently 66) and for disabled workers, the monthly benefit equals the PIA.
Retired workers may claim benefits when they turn 62 years old, but the longer that they wait (up to age
70), the higher their monthly benefit. For retired workers who claim at earlier ages, the monthly benefit is
smaller than the PIA, and for those who claim at later ages, the monthly benefit is greater than the PIA.
The AIME is computed using only taxable earnings, which are limited by law; this year, the limit on
taxable earnings is $118,500. Workers do not pay Social Security payroll taxes on earnings above that
level.
9
For additional information, see CRS Report RL32279, Primer on Disability Benefits: Social Security Disability Insurance
(SSDI) and Supplemental Security Income (SSI), by William R. Morton.
10
For details on computation of disability benefits, see CRS Report R43370, Social Security Disability Insurance (SSDI):
Becoming Insured, Calculating Benefit Payments, and the Effect of Dropout Year Provisions, by Umar Moulta-Ali.
Disabled Worker
Worker benefit
$2,452
$2,730
Family benefit
$4,300
$4,100
Average Social Security benefits are substantially lower than the maximum. For example, in December
2014, the average monthly benefit for a retired worker was $1,329, and the average benefit for a disabled
11
Social Security Administration, Population Profile: Taxable Maximum Earners, April 2012, at
http://www.ssa.gov/retirementpolicy/fact-sheets/tax-max-earners html.
12
Social Security Administration, Workers with Maximum-Taxable Earnings, at
http://www.ssa.gov/oact/cola/examplemax.html/.
13
Social Security Administration, Office of the Chief Actuary, Actuarial Note 2014.4, Illustrative Benefits for Retired Workers,
Disabled Workers, and Survivors Scheduled Under Current Law, October 2014, at
http://www.socialsecurity.gov/OACT/NOTES/ran4/an2014-4.pdf. The exact amount depends on the workers age; see Table 2.
The estimates published in that document are for 2014. The amounts presented in this memo are about 1.3% higher than the
amounts in the actuarial note, reflecting the 1.3% increase in Social Securitys Average Wage Index from 2012 to 2013; see
Social Security Administration, Average Wage Index (AWI), at http://www.ssa.gov/oact/cola/awidevelop html.
14
See Social Security Administration, Office of the Chief Actuary, Formula for Family Maximum Benefit, at
http://www.ssa.gov/oact/cola/familymax html, and Maximum Benefit for a Disabled-Worker Family, at
http://www.ssa.gov/oact/cola/dibfamilymax html.
worker was $1,165; see Table 2.15 When a worker has eligible dependents, the benefits paid on the basis
of the workers past earnings increase. Table 2 includes average benefits for several types of beneficiary
families.
Table 2. Average Social Security Benefits for Various Types of Beneficiaries and Beneficiary
Families
Monthly Benefit
Retired worker beneficiary (December 2014)
$1,329
$1,165
$2,078
(December 2012)
Disabled worker, wife, and children, for families with two or more children
(December 2012)
$1,881
Sources: For 2014 data, Social Security Administration, Monthly Statistical Snapshot, December 2014, January 2015, Table
2. Social Security benefits, December 2014, at http://www.ssa.gov/policy/docs/quickfacts/stat_snapshot/. For 2012 data,
Social Security Administration, Annual Statistical Supplement, 2013, February 2014, Table 5.H2 Number, average primary
insurance amount, and average monthly family benefit for selected family groups, December 2012, at
http://www.ssa.gov/policy/docs/statcomps/supplement/2013/5h.html#table5.h2.
15
Social Security Administration, Monthly Statistical Snapshot, December 2014, January 2015, at
http://www.ssa.gov/policy/docs/quickfacts/stat_snapshot/.
16
42 U.S.C. 414.
17
The law provides exceptions to the work authorization requirement for certain noncitizens (i.e., noncitizens who are admitted
to the United States under a B visa (for business purposes) or D visa (for service as a crew member) at the time quarters of
coverage are earned).
18
Before enactment of P.L. 108-203, all Social Security-covered earnings would count toward insured status regardless of an
aliens work authorization status.
Under the November 20, 2014, policy memorandum, foreign nationals who receive deferred action status
may be eligible for work authorization.19 As a result, a foreign national who receives deferred action
status may be able to have all of his or her Social Security-covered earnings count toward qualifying for a
Social Security benefit (all earnings from authorized and unauthorized work). Nonetheless, it is unclear
how easy it will be for a foreign national to prove that earnings credited to a Social Security number that
was not issued to the foreign national (i.e., credits earned while the person was working without
authorization) belong on his or her earnings record.
The second provision, 202(y) of the Social Security Act,20 requires noncitizens to be lawfully present
to receive benefits in the United States. For the purposes of Social Security, as defined in regulations,
foreign nationals in deferred action status are considered lawfully present. Thus, currently, those who will
receive deferred action status as a result of the November 20, 2014 memorandum, and are eligible for
Social Security benefits, will be able to receive those benefits in the United States. Notably, the concept of
lawfully present is only a factor when an alien is trying to receive a benefit payment in the United States.
In many situations, foreign nationals who qualify for a Social Security benefit are able to receive benefits
outside the country.
Table 3. Social Security Eligibility for Select Hypothetical Cases
Initial Immigration
Status
Immigration Status at
Time of Benefit
Application
Eligible to Receive
Benefits in the U.S.
Eligible to Receive
Benefits Abroada
Yes
Yes
No
No
No
Yes
Yes
Yes
Foreign nationals who are eligible to work in the United States are eligible to receive a Social Security number. Social Security
cards issued to noncitizens who are in the United States temporarily (such as those with deferred action) bear the inscription,
VALID FOR WORK ONLY WITH DHS AUTHORIZATION. See, Social Security Cards and Noncitizens, in CRS Report
RL32004, Social Security Benefits for Noncitizens, by Dawn Nuschler and Alison Siskin.
20
42 U.S.C. 402(y).
Note: Assumes the foreign national meets the nonimmigration-related eligibility requirements to receive a Social Security
benefit (e.g., quarters of coverage, age, disability). Also assumes the individuals Social Security number was issued on or
after January 1, 2004.
a.
Assumes foreign national is from a country where the United States will send Social Security benefits.