SSI administration - class action lawsuit?

[val250]

MA

The SSI administration is forcing immigrants from Russia to apply for pensions from Russia. Is that legal?

To receive SSI, you must be a USA citizen. The Oath of Allegiance says that immigrant gives up existing citizenship. To receive pension from Russia, you must be a Russian citizen with valid Russian passport. If an immigrant obeyed the Oath - he did not renew his Russian passport after becoming USA citizen. If SSI administration forces such immigrant to renew his Russian passport - are they forcing the immigrant to not to obey the Oath?

 

[LdiJ]

MA

The SSI administration is forcing immigrants from Russia to apply for pensions from Russia. Is that legal?

To receive SSI, you must be a USA citizen. The Oath of Allegiance says that immigrant gives up existing citizenship. To receive pension from Russia, you must be a Russian citizen with valid Russian passport. If an immigrant obeyed the Oath - he did not renew his Russian passport after becoming USA citizen. If SSI administration forces such immigrant to renew his Russian passport - are they forcing the immigrant to not to obey the Oath?

That is incredibly odd. I would get your congressperson involved in that one.

 

[Onderzoek]

MA

The SSI administration is forcing immigrants from Russia to apply for pensions from Russia. Is that legal?

To receive SSI, you must be a USA citizen. The Oath of Allegiance says that immigrant gives up existing citizenship. To receive pension from Russia, you must be a Russian citizen with valid Russian passport. If an immigrant obeyed the Oath - he did not renew his Russian passport after becoming USA citizen. If SSI administration forces such immigrant to renew his Russian passport - are they forcing the immigrant to not to obey the Oath?

You don't have to be a US citizen to qualify for SSI. Some non-citizens can qualify. So your premise is incorrect.

All pensions have requirments. If having a Russian passport is a requirement to have a Russian pension, then the claim would be denied.

File the claim. Get the denial notice. Show the denial notice to your local office. You have followed the SSI requirement.

https://secure.ssa.gov/apps10/poms.nsf/lnx/0500502100

https://secure.ssa.gov/apps10/poms.nsf/lnx/0500510001

 

[dbernat32]

OP is wrong on every count.

You can be a dual-citizen and engage in citizenship related activities in both nations as far as the US is concerned.

Afroyim v. Rusk established that a person must intend to relinquish citizenship to do so. Getting a Russian passport so that you can apply for a pension does not meet that standard.

As far as the SSA is concerned: SSI is potentially unlimited, pure welfare (comes from the treasury's general fund without specific appropriation). It is both appropriate and good that one must apply for all monies a person is entitled to before getting welfare.

 

[alexbakhnov]

MA

The SSI administration is forcing immigrants from Russia to apply for pensions from Russia. Is that legal?

To receive SSI, you must be a USA citizen. The Oath of Allegiance says that immigrant gives up existing citizenship. To receive pension from Russia, you must be a Russian citizen with valid Russian passport. If an immigrant obeyed the Oath - he did not renew his Russian passport after becoming USA citizen. If SSI administration forces such immigrant to renew his Russian passport - are they forcing the immigrant to not to obey the Oath?

Hello,

You would not happen to have a link, or a title, of the law they use in order to force such action?

Thanks a lot!

 

[justalayman]

val250 started this thread just about a year ago. S/he has made only that one post. I suspect val250 is long gone.

 

[alexbakhnov]

val250 started this thread just about a year ago. S/he has made only that one post. I suspect val250 is long gone.

did not notice that...

If somebody else has such a link, it would be great

 

[Zigner]

Hello,

You would not happen to have a link, or a title, of the law they use in order to force such action?

Thanks a lot!

The OP was shown to be wrong. Not sure what action you think can be forced...

 

[alexbakhnov]

The OP was shown to be wrong. Not sure what action you think can be forced...

My family member is still being forced to apply for Russian pension, even through they left that country 20 years ago, never been back, do not have passports, and do not want anything to do with that country.

I can not get, for the life of me, title of the law, that allows SI do do somrthing like that... Any ideas? any input would be great

 

[Zigner]

My family member is still being forced to apply for Russian pension, even through they left that country 20 years ago, never been back, do not have passports, and do not want anything to do with that country.

I can not get, for the life of me, title of the law, that allows SI do do somrthing like that... Any ideas? any input would be great

Family Member doesn't have to have anything to do with that country. Nobody is forcing him/her to apply for aid.

 

[alexbakhnov]

Family Member doesn't have to have anything to do with that country. Nobody is forcing him/her to apply for aid.

believe it - I have seen it myself - they received a letter specifiing thay MUST aply for Russian pension, or thay would have their benefits cut. All my attempts to get details were unsuccesful

 

[ecmst12]

They can decline to apply for the pension - they will give up their benefits, but they still have the option. They do not have to be GRANTED the pension. But they're asking to be supported by the taxpayers. The taxpayers want to make sure that the recipient has exhausted all other options for support before they pay out. Them's the breaks.

 

[alexbakhnov]

They can decline to apply for the pension - they will give up their benefits, but they still have the option. They do not have to be GRANTED the pension. But they're asking to be supported by the taxpayers. The taxpayers want to make sure that the recipient has exhausted all other options for support before they pay out. Them's the breaks.

That's perfectly fine - but where is the law that allows SSA to make such request? Where does it say people have to apply for foreign pensions?

 

[Onderzoek]

This link includes the POMS, the Social Security Act, and the CFR.

https://secure.ssa.gov/apps10/poms.nsf/lnx/0500510001

Yes, it is legal.

If the Russian government denies it because of the lack of a Russian passport, then it is denied. Your local SSI office does not know and is not required to know all the ins and outs of other program requirements nor are they allowed to take your word for it because you are not an official source.

Now if a US citizen were to emigrate to Russia, I doubt that there is a generous welfare program that would pay them a check each month, even though they never contributed to the Russian economy. I suggest gratefulness is a more appropriate emotion than indignation.