For the pre-8/22/96 period in the life of an SSI application, an alien is subject
to the alien eligibility rules that were in effect prior to 8/22/96 (the date of enactment of P.L. 104-193, the 1996 welfare reform law) and we apply
the alien eligibility policy in SI 00501.400 and GN 00303.001.
As described in SI 00501.400 and GN 00303.001, for periods prior to 8/22/96, an individual who was lawfully admitted for permanent
residence (LAPR) or who was permanently residing in the U.S. under color of law (PRUCOL)
was potentially SSI-eligible based solely on those statuses. Such aliens who are determined
to be eligible for SSI benefits for the pre-8/22/96 period would be “receiving” benefits
on 8/22/96 and, therefore, will have their alien eligibility “grandfathered.” SI 00502.150B.1. contains the criteria for determining whether an individual was “receiving” SSI benefits
on 8/22/96.
EXAMPLE 1
An LAPR alien filed for SSI on 6/4/96. On 10/6/96, the field office (FO) determines
that the claimant meets all SSI eligibility criteria.
With respect to alien eligibility, the claimant is eligible for the period prior to
8/22/96 based on their LAPR status. Since the individual will be receiving SSI benefits
on 8/22/96, their alien eligibility is “grandfathered” beginning 8/22/96. (See SI 00502.150 for the grandfathering rules that apply to qualified aliens who were receiving SSI
on 8/22/96.)
EXAMPLE 2
An alien filed for SSI on 7/3/96 as a disabled individual. The FO determines that
they entered the U.S. prior to 1/1/72 and have continuously resided in the U.S. Consequently,
the claimant meets the PRUCOL alien eligibility criteria (SI 00501.420 and SI 00501.425). However, the State Disability Determination Service (DDS) medically denies the
case. In 12/97, the medical denial is reversed at the hearing level.
With respect to alien eligibility, the claimant is eligible for the period prior to
8/22/96 based on their PRUCOL status. Since the individual is considered to be receiving
SSI benefits on 8/22/96, their alien eligibility is “grandfathered” beginning 8/22/96.
(See SI 00502.153 for the grandfathering rules that apply to nonqualified aliens who were receiving
SSI on 8/22/96.)