TN 22 (05-95)

Citations:

Social Security Act, Section 202(n)

A. Policy

A determination of deportation is made solely by the Department of Homeland Security (DHS).

1. RSDI Benefits

Generally, an individual who has been deported after September 1, 1954 may not receive an RSDI benefit until he/she is lawfully admitted for permanent residence to the U.S. by DHS.

2. SSI Benefits

If DHS states that an individual is a deportee, no payments may be made.

B. Procedure

Do not stop the individual from filing because of his/her alien status.

If the alien asks if he/she may be deported as a public charge for receiving SSI or has another question about deportation, refer him/her to DHS.

C. References

• Deportation and its effect on RSDI benefit rights, RS 02635.000ff.

• PRUCOL policy and deportation verification by DHS, SI 00501.420.