Social Security Ruling 89-12 sets forth the circumstances in which alien beneficiaries outside of the United States may or may not receive benefits. In particular, residency requirements for recipients of dependent and survivor’s benefits are outlined.
Subject to certain exceptions, social security benefits (whether they be for retirement, survivorship, or disability), cannot be paid to an alien beneficiary who has been outside of the United States for six consecutive months. He or she cannot begin receiving benefits again until they have been in the United States again for an entire calendar month.
Thus, an alien beneficiary is deemed to be outside of the United States if he or she has remained outside of the country for thirty days and has not returned for a period of at least 30 consecutive days.
This rule is subject to certain exceptions, which are set out in the social security ruling.
Because of this rule, an alien beneficiary must return to the United States at least every thirty days or for thirty consecutive days in any six month period in order to continue receiving benefits during that time.
This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.