Certification Pending Verification Procedures for Legal Immigrants

	Questions?
	Privacy
	Site Index
	Contact Us

The following procedures are for legal immigrants who believe they have a work history that meets the 40 quarters exemption in the law. These procedures need not be followed for those legal immigrants who qualify for other exemptions in the law (refugees, asylees, deportees, or applicants with a claim to eligibility based on military service.

To determine eligibility based on social security coverage, the State agency should ascertain the applicant's understanding as to the following:

1. How many years has the applicant, the applicant's spouse, or the applicant's parents (before the applicant turned 18) lived in this country. (if the answer to question 1 is less than 10 years, the State agency does not need to ask question 2)
In how many of the years reported in answer to question 1, did the applicant, the applicant's spouse, or the appilcant's parent earn money through work. (To determine whether the applicants earnings were sufficient to establish "quarters of coverage" in those years, the State agency may wish to refer to the attached chart.)

If the answer to question 2 is 10 years or more, the State agency shall verify, from INS documents, the date of entry into the country of the applicant, spouse and/or parent. If the dates are consistent with having 10 or more years of work, no further documentation is required at this time; the State agency shall include the immigrant in the household pending verification from SSA. The State agency shall inform these immigrants that a claim will be established for any benefits to which they were not entitled. The State agency shall keep a record of each individual certified pending verification from SSA.

If the dates of entry are inconsistent with having 10 or more years of work, the State agency shall determine the individual ineligible. The State agency shall then inform the applicant of his or her fair hearing rights.

The applicant shall also provide, for purposes of future verification, the full name, social security number, date of birth, and sex of each individual (self, parent or spouse) whose work history is relevant to the determination of eligibility. In addition, the applicant shall provide a release form signed by each such individual (copy attached) giving SSA permission to release information on that individual to the State agency and/or the applicant. This form shall be retained in the case file to document the individual's consent.

SSA is drafting an addendum to the current Computer Matching and Privacy Protection Act agreement between SSA and each State agency. In accordance with that revised agreement, and within 3 months after the month in which the SSA verification system becomes operational, the State agency will send the identifying information provided by the applicant to SSA for overnight processing. In its response, SSA will provide information about qualifying quarters of work. If the immigrant believes the information from SSA is inaccurate or incomplete, the State agency shall refer the applicant to SSA for review. SSA will give the individual a document indicating that the number of quarters is under review. An immigrant who provides the State agency with this document can continue to receive benefits for 6 months from the date of SSA's initial response or until SSA has completed its review, whichever is earlier.

ESTABLISHING QUARTERS

The term "quarter" means the 3 calendar month periods ending with March 31, June 30, September 30 and December 31 of any year.Social Security credits (formerly called "quarters of coverage") are earned by working at a job or as a self employed individual. A maximum of 4 credits can be earned each year.For 1978 and later, credits are based solely on the total yearly amount of earnings. All types of earnings follow htis rule. The amount of earnings needed to earn a credit increases and is different for each year. For 1978 through 1996, the amount of earnings needed for each credit is:


1978                $250                 1988                 $470



1979                $260                 1989                 $500



1980                $290                 1990                 $520



1981                $310                 1991                 $540



1982                $340                 1992                 $570



1983                $370                 1993                 $590



1984                $390                 1994                 $620



1985                $410                 1995                 $630



1986                $440                 1996                 $640



1987                $460

A current year quarter may be included in the 40 (quarter computation. Use the current year amount as the divisor to determine the number of quarters available. DO NOT CREDIT CALENDAR QUARTERS THAT HAVE NOT ENDED.

If you need to use quarters before 18 years ago:

A credit was earned for each calendar quarter in which an individual was paid $50 or more in wages (including agricultural wages for 1951-1955);
Four credits were earned for each taxable year in which an individuals net earnings from self-employment were $400 or more; and/or
A credit was earned for each $100 (limited to a total of 4) of agricultural wages paid during the year for years 1955 through 1977.Social Security AdministrationConsent for Release of InformationTo Social Security Administration


Name                       Date of Birth               Social Security No.



________________________   ________________________    ________________________

I authorize the Social Security Administration to release information or records about me to:


NAME                                    ADDRESS



_________________________________       ___________________________________



_________________________________       ___________________________________



_________________________________       ___________________________________

I want this information released because:
(There may be a charge for releasing information)Please release the following information:

I am an individual to whom the information/record applies or that person's parent (if a minor) or legal guardian. I know that if I make any representation which I know is false to obtain information from Social Security records, I could be punished by a fine or imprisonment or both.

Signature: _______________________________________________
(Show signatures, names and addresses of two people if signed by mark.)
Date: _____________________________ Relationship: ___________________________