1. Government Benefits for Non-Citizens April 2013 Laura Melnick SMRLS 651-894-6932 laura.melnick@smrls.org

2. Government Benefits for Non-Citizens 1. Welfare reform 2. Definitions: qualified and unqualified immigrants, “battered immigrants” 3. Sponsor-deeming 4. “SAVE” 5. Reporting to Immigration 6. Public charge considerations 7. 5-year Bar 8. Federal benefits: a. SSI b. SNAP (food stamps)

3. 9. State and federal/state benefits a. cash and food: TANF – families (i)FSS (Family Stabilization Services) (ii)DWP (Diversionary Work) (iii)MFIP (MN Family Investment Prog.) (iv) WBP (Work Participation Cash Benes.) b. cash: adults GA (General Assistance) c. cash: MSA (Minnesota Supplemental Assistance) d. emergencies: EA (Emergency Assistance), and EGA (Emergency GA) e. non-need-based: UI (Unemployment Insurance) f. food MFAP (MN Food Assistance Prog.)

4. g.health care (i) MA (Medical Assistance) (ii)EMA (Emergency MA) (iii)MinnesotaCare 10. other benefits 11. considerations for mixed-status households 12. scenarios

5. 1. Welfare reform  enacted August 22, 1996  replaced AFDC (family cash program) with “TANF” block grants to states  imposed lifetime limits on, and work requirements for, family cash assistance  eliminated SSI & food stamp eligibility for many non-citizens  required certain agencies to file reports with Immigration

6. Post-1996 federal law changes (all good!)  ILLEGAL IMMIGRATION REFORM & IMMIGRANT RESPONSIBILITY ACT OF 1996 amended the definition of “Qualified Alien” to include a battered non-citizen.  BALANCED BUDGET ACT OF 1997 added groups of non-citizens eligible for SSI based on disability; extended 5-year window of benefits for refugees & asylees to 7 years.  1998 AGRICULTURAL RESEARCH ACT restored food stamp eligibility to certain groups of legal immigrants.

7.  FARM BILL OF 2002 significantly broadened eligibility for food stamps for non-citizens beginning 2003.  SSI EXTENSION FOR ELDERLY AND DISABLED REFUGEES ACT OF 2008 allowed certain humanitarian immigrants an additional 2-3 years of SSI.

8. 2. Definitions Definitions used to determine eligibility for FEDERAL benefits. “QUALIFIED” NON-CITIZENS lawfully admitted for permanent residence under the Immigration & Nationality Act (INA) “refugees,” including Haitian, Cuban, and Amerasian immigrants granted asylum granted parol conditional entrants (granted before 4/1/80) deportation withheld or removal cancelled granted T-Visa “battered immigrants”

9. “UNQUALIFIED” NON-CITIZENS  have no documentation  have expired documentation  have applied for suspension of deportation or cancellation of removal  have applications pending for adjustment or asylum  are lawful temporary residents under an amnesty program  are non-immigrants (with temporary protected status; or student, visitor, or temporary worker visas)  have U-visas (for crime victims)  have been granted Deferred Action for Childhood Arrivals (DACA)

10. “BATTERED IMMIGRANTS” Immigrants who meet definition can qualify for range of federal and state-funded government benefits but must wait 5 years for SNAP, SSI or federally-funded MA: o Applicant must have been battered or subjected to extreme cruelty in U.S. by U.S. citizen or LPR parent, spouse, or relative who resided in same household as victim, AND o applicant must no longer live with abuser, AND o applicant’s need for benefits must be “substantially connected” to abuse, AND

11. applicant must either: be the spouse or child of a U.S. citizen AND have petitioned for adjustment of status under the Violence against Women Act (VAWA); OR be the spouse or child of a U.S. citizen OR LPR AND have petitioned for cancellation of removal under the Immigration and Nationality Act (INA).

12. 3. Sponsor-deeming attribution of income from sponsor to immigrant can make certain immigrants COMPLETELY INELIGIBLE for almost all types of public assistance!  1996 welfare reform law required sponsor- deeming.  Deeming pursuant to 1996 law change began on December 19, 1997 with creation of “Affidavit of Support” forms (form I-864).  Deeming applies only to family-based immigrants (immigrants arriving through petition from family member).

13. Deeming does NOT apply to:  refugees  asylees  parolees  diversity visa (visa lottery) recipients  Cuban/Haitian entrants  immigrants with Temporary Protected Status  lawfully[-residing immigrant children under 18 (for SNAP and MA only)  pregnant women (for MA only)

14. How deeming works Generally, 100% of income & assets of sponsor AND sponsor’s spouse are considered fully available to immigrant. (For SNAP, deeming is a little less harsh). Sponsor’s family size & fixed debts are irrelevant. Burden of proving sponsor has little income is on immigrant applying for public assistance. Income and assets are deemed until: immigrant becomes U.S. citizen, works 10 years at Social Security-covered work; or dies; OR sponsor permanently leaves U.S. or dies. Divorce from sponsor has no effect on deeming.

15. Whether deeming will affect people other than sponsored immigrant will vary depending on type of assistance program. In TANF (MFIP family cash program), and for MinnesotaCare, income is deemed to all members of “assistance unit.” In MA, income and assets are deemed only to immigrant, not to household members.

16. Exceptions to deeming 2 exceptions allow immigrants subject to deeming to get benefits without regard to sponsors’ income and assets: A. Indigence exception:  Sponsor-deeming will NOT apply if welfare agency determines that, as a result of sponsor’s failure to support, immigrant is without food or shelter.  Govt. can provide benefits for up to 12 months, with 12-month renewals available.  Govt. can sue sponsor for benefits provided to immigrant. (Immigrant can sue sponsor, too).

17. B. Battered spouse/child exception  Sponsor-deeming will NOT apply for 12 months if immigrant or child has been battered or subjected to extreme cruelty by spouse or parent, or by a relative of spouse or parent residing in same household. Full range of state-funded benefits is available.  Immigrant cannot have participated in abuse of child.  Immigrant must show that battery or cruelty is substantially connected to need for benefits.  After 12 months, exemption will end unless battery was perpetrated by sponsor AND has been recognized in a court order (such as an Order for Protection) or determination by Immigration.  Govt. can sue sponsor for benefits provided to immigrant. (Again, immigrant can also sue).

18. Benefits to which deeming applies Deeming applies to: cash programs: SSI, MSA, GA, MFIP, EA food programs: SNAP for adults and for U.S. citizen children; MFAP health care programs: MA, MinnesotaCare Deeming does NOT apply to: o EMA (Emergency Medical Assistance) o MA for pregnant women and children o SNAP for immigrant children

19. Special 3-year deeming for MFIP There is a special 3-year deeming provision in state law for MFIP only. This deeming applies to immigrants who came to U.S. through means other than a relative petition (such as a diversity visa). It does not apply to refugees or asylees. Deeming under this program takes into account the sponsor’s family size and support obligations.

20. 4. “SAVE” Systematic Alien Verification for Entitlements o Inter-agency governmental information- sharing program o Used to verify immigration status for public assistance and public housing o NOT used for reporting immigration status (or lack thereof) to Immigration

21. 5. Reporting to Immigration requirement stems from 1996 welfare reform law WHO IS REQUIRED TO REPORT? Only:  agencies receiving “TANF” funds (in Minnesota, that means county agencies administering MFIP family cash benefits)  Social Security Administration  public housing agencies contracting with HUD

22. WHAT MUST BE REPORTED? names, addresses, and other “identifying information” ON anyone the worker “knows” is unlawfully in the U.S.

23. Reporting in Minnesota protocols require that agencies: report to MDHS rather than to Immigration not verify status if not relevant to benefit being sought stop inquiring about status when applicants are unwilling/unable to verify interpret “knowledge” very narrowly comply strictly with data privacy laws

24. 6. Public charge considerations  Receiving/having dependents receive certain public benefits may affect ability to adjust to LPR status.  Benefits subject to public charge considerations are: cash benefits: MFIP, DWP, SSI, MSA, GA long-term medical care (nursing home care)  Benefits not considered include health care, WIC, public health services, housing and energy assistance, & other non-cash & special-purpose cash benefits not intended for income maintenance.  Receipt of SNAP or state-funded food support should not be a factor for public charge determinations.

25. 7. “5-year bar”  A 5-year “bar” prevents immigrants from receiving federal benefits during their first 5 years in “qualified” status.  Benefits affected are SSI, SNAP, and federally-funded MFIP and MA.  During the 5-year period, immigrants may receive state-funded benefits if they are eligible for them and such benefits are available.

26. BENEFITS! 8. Federal benefits: a. Supplemental Security Income (SSI)

27. Social Security administers 2 types of disability benefits: SSI, for low-income, low-asset individuals. Recipients must be too disabled to work or age 65 or older. SSDI, for people too disabled to work who meet earnings requirements by having paid into system via FICA wage deductions.

28. To qualify for SSI, non- citizen applicants must:  be defined as “qualified” non-citizens under federal law; AND  meet certain residency requirements.

29. SSI residency issues: A. immigrants here before welfare reform non-citizens who were Lawful Permanent Residents (LPRs) in the U.S. before August 22, 1996:  if on SSI on 8/22/96, they can keep getting SSI for as long as they remain elderly or disabled.  if not on SSI on 8/26/96, they can get SSI now if they are: “qualified” non-citizens AND disabled.  They cannot get SSI based on age (over 65).

30. B.Immigrants arriving after welfare reform For non-citizens who came to the U.S. after August 22, 1996, or who adjusted status to LPR after that date:  “unqualified” non-citizens cannot get SSI.  Interestingly, most “qualified” non-citizens also cannot get SSI. There are 3 exceptions.

31. Exceptions to ban on SSI for newer legal immigrants Immigrants arriving after August 22, 1996  1) Those granted refugee, asylee, or withholding status can get SSI for 7 years after grant of status. Certain humanitarian immigrants got additional 2-3 years of SSI; extension law ended 9/30/11.  2) U.S. veterans & active-duty members of U.S. armed forces, & their spouses and minor children, can get SSI without time limits. Hmong soldiers who fought with the CIA in the Vietnam War are not considered “U.S. veterans.”  3) Non-citizens who have worked at least 40 work quarters (10 years) can get SSI without time limits, but they are subject to the 5-year bar on benefits.

32. Note about “40 work quarters” exception: o Only work where FICA taxes have been deducted from pay counts toward the 40-quarter requirement. o Quarters can be attributed from spouse to spouse and from parent to minor child. Minor children can carry parents’ quarters with them into adulthood. o Any quarters worked after December 31, 1996 in which federal “need-based” benefits (AFDC, MFIP, SNAP, SSI, MA) were received by the household do not count as quarters.

33. Sponsor-deeming and Social Security o Because SSI is a need-based program, sponsor-deeming may preclude eligibility. o Because SSDI is not need- based, sponsor-deeming does not apply.

34. b. SNAP Except when sponsor-deeming applies, all “qualified” non-citizens are potentially eligible for SNAP. Applicants may have to wait 5 years to get SNAP benefits.

35. Non-citizens exempt from the 5- year bar for SNAP (and therefore eligible immediately) are: refugees, asylees, & those granted withholding of deportation U.S. veterans & active-duty members of U.S. armed forces (& their spouses and unmarried dependents) elderly immigrants who were “lawfully residing” in U.S. AND age 65 or older as of August 22, 1996 legal immigrants certified disabled by State or SSA legal immigrants under age 18 Hmong & Highland Laotian immigrants

36. 9. State (and federal/state) benefits requirement for all state funded benefits: “steps” toward citizenship  Most recipients of state-funded assistance (including state-funded MFIP and GA) must take “steps” toward obtaining citizenship.  Immigrants don’t have to take such steps if they:  have legally resided in U.S. fewer than 4 years;  are age 70 or older; OR  are living in a nursing home, group home, or similar type of facility.

37. “Steps” toward citizenship Recipients of state-funded assistance required to take “steps” toward citizenship can meet the requirements by: o taking citizenship, literacy, or ESL classes o being on waiting list for such classes o having application for citizenship on file o being in process of applying for a waiver of certain test requirements o having failed citizenship test at least twice or being unable to understand the rights and responsibilities of citizenship.

38. “Lawfully residing people” Certain people here on a non-permanent basis who are not eligible for federal benefits may qualify for state-funded benefits (GA, MFAP, state-funded MFIP), including:  Lawful Temporary Residents  those with Temporary Protected Status (TPS)  applicants for asylum who have employment authorization  spouses or children of U.S. citizens with approved visa petition or pending application for adjustment to LPR.

39. Victims of Trafficking: T Visas o Victims of trafficking who have “T” visas are eligible for both federal and state-funded benefits to the extent that refugees are eligible. o To qualify, T visa holders must get certification from the Office of Refugee Resettlement (ORR).

40. Crime Victims: U Visas Crime victims who are recipients of “U” Visas are not eligible for federally-funded benefits; the U Visa is a “non-immigrant” visa. U Visa holders are not specifically eligible for state- funded cash or food benefits, either. They have been determined by the state to qualify MinnesotaCare. According to state policy, they are potentially eligible for state-funded food benefits (MFAP). State policy is silent regarding the holders of U Visas’ eligibility for cash assistance (GA, MFIP). U Visa recipients should argue they qualify for state- funded cash benefits as “lawfully residing people.”

41. DACA recipients o Those granted Deferred Action for Childhood Arrivals (DACA) are not considered “lawfully residing” for MA purposes, according to HHS. o They should qualify for MinnesotaCare.

42. a.cash & food: TANF (i) FSS – Family Support Services (ii) DWP – Diversionary Work Program (iii) MFIP – Minnesota Family Investment Prog. (iv) WBP – Work Participation Cash Benefits  MFIP, DWP, FSS & WBP are TANF (temporary assistance for needy families) programs that have replaced AFDC.  They provide cash assistance to families with minor children. Cash grants for MFIP, DWP & FSS are very low: $437 for a household of 2, $532 for 3, $621 for 4, $697 for 5, etc.  Adults without minor children are not eligible for FSS, DWP, MFIP or WBP.

43. Non-citizen eligibility for FSS, DWP, MFIP & WBP  Most legal non-citizens permanently in the U.S. are eligible for FSS, DWP, MFIP or WBP if they meet the other criteria, whether “qualified” or “unqualified” under federal law.  Certain non-citizens can only get state-funded FSS, DWP, MFIP or WBP. (Eligibility depends on date of arrival in U.S. and immigration category, due to 5- year bar).  Since 1/1/08, newly arrived immigrants (here < 1 year) are exempt from DWP.  Recipients of state-funded benefits must take “steps” toward citizenship.  Sponsor-deeming may preclude eligibility.

44. MFIP & DWP work plans & ESL Most MFIP recipients have to work, unless exempted. o Counties may allow non-English speakers to include ESL in their job search & work plans if spoken language proficiency level is low enough, based on standardized testing. o MFIP recipients may fulfill only half of work participation requirements through attendance at ESL classes, unless they’re taking intensive functional work literacy. o MFIP & DWP recipients may include ESL in their work plans for a total of only 24 months (out of 60).

45. b. cash: General Assistance ( GA )  GA is a state-funded program for low-income, low-asset individuals not living with minor children.  GA is also for minor children whose adult caregivers don’t qualify for MFIP due to relationship status.  GA pays only $203 per month for an individual and $260 for a married couple.

46.  Legal immigrants residing in the U.S. permanently (or with a pending application for adjustment) may get GA if they meet other eligibility criteria.  If under 70 and here at least 4 years, they must take steps toward citizenship.  Sponsor-deeming may preclude eligibility.

47. c. Cash: Minnesota Supplemental Assistance (MSA)  MSA is a state supplement for recipients of SSI or people who would receive SSI but for excess income.  MSA serves to ameliorate the effects of high housing costs.  SSI recipients living in “shared households” are usually ineligible for MSA.  The average MSA supplement is $81.  Non-citizen recipients must take “steps” toward citizenship, and sponsor-deeming may preclude eligibility.

48. d. cash: EA and EGA Emergency Assistance (EA) and Emergency GA (EGA) are designed to prevent destitution, providing cash grants to resolve crises.  Both EA and EGA are now funded through block grants from the State, so individual counties have a great deal of discretion in administering benefits.  Legal, permanent residents are eligible for EA and EGA to the same extent (and subject to the same limitations) as U.S. citizens.  Sponsor-deeming may preclude eligibility, but applicants may qualify for the indigence exception.

49. e. non-need-based cash: Unemployment Unemployment Insurance - ”UI” UI benefits can be paid if the worker was: lawfully admitted for permanent residence at the time of the employment; lawfully present for purposes of the employment; OR permanently residing in the U.S. under color of law at the time of the employment. Work done before gaining legal status does not count toward earnings requirements. UI benefits are not need-based and therefore are not subject to sponsor-deeming.

50. f. Food MFAP – Minnesota Food Assistance Program  Legal, permanent non-citizens not on MFIP who have been here fewer than 5 years (& therefore may be subject to the bar on SNAP) may qualify for food benefits through MFAP.  MFAP benefits are available only to those age 50 and older.  The MFAP program follows federal SNAP regulations.  MFAP recipients may be subject to sponsor- deeming.

51. g. health care (i) Medical Assistance (MA) In general, MA is available to immigrants who: are low-income and low-asset; are considered “qualified” under federal law; AND meet the categorical requirements, meaning they are: pregnant; living with minor children or in an MFIP household; under 21; 65 or older; certified disabled by State or SSA; OR over 21, without kids, and living at or below 75% FPG. Sponsor-deeming may preclude eligibility.

52. In 2011, the Minnesota legislature eliminated state-funded MA statutorily, effective 1/1/12, for non-citizens lawfully residing in the U.S. who were not eligible for federally-funded assistance. Implementation of the change was delayed until 3/1/12.

53. No longer eligible for state-funded MA, since 3/1/12, are: o people considered “otherwise lawfully residing” who do not meet the definition of “qualified” under federal law; and o lawful permanent residents subject to the 5-year bar on receipt of federal benefits. This group is no longer eligible during the 5-year waiting period. (All in this group should qualify for MinnesotaCare). NOTE: Pregnant women and children in these categories remain eligible for MA.

54. MA exception for torture survivors  Those otherwise ineligible for MA can get coverage if they are receiving “care and rehabilitation” services from a non-profit center established to serve victims of torture.  Those receiving such services do NOT have to meet MA guidelines in terms of: o categorical eligibility; o income and asset restrictions; OR o immigration requirements.

55. (ii) Emergency Medical Assistance (EMA)  EMA is a basic safety net health care program.  EMA can provide health care services to “medically needy” people who are undocumented, who have lapsed documentation, or who otherwise would be ineligible due to sponsor-deeming.  EMA does NOT cover organ transplants or “related procedures.”

56. EMA is available only to those categorically eligible for MA (i.e., living in a household with minor children, pregnant, elderly, certified disabled, under 21, or 21 or older and living at or below 75% FPG).

57. EMA is for “Emergency Medical Services”: required for medical conditions manifested by acute symptoms of such severity that the absence of immediate medical attention reasonably could be expected to result in: o Placement of the patient’s health in serious jeopardy; o Serious impairment to bodily functions; OR o Serious dysfunction of any bodily organ or part.

58. EMA is no longer available for chronic conditions, effective 1/8/12: o The 2011 Minnesota legislature eliminated EMA eligibility for those with chronic conditions. o Exceptions were made by DHS for those who would have respiratory or cardiac failure within 48 hours but for treatment. o The 2012 legislature added provisions allowing EMA for kidney dialysis and treatment (including chemotherapy and radiation) for cancer. o The new law limits EMA to care delivered in hospital emergency rooms or ambulances; on an in-patient basis following ER care; and as follow-up care directly related to the ER treatment.

59. Medical coverage for pregnant women Pregnant women qualify without regard to immigration status or sponsor income for:  labor & delivery AND  pre- & post-natal care for 60 days after birth

60. (iii) MinnesotaCare  MinnesotaCare is a need-based program with higher income allowances than MA.  MinnesotaCare is available to those ineligible for MA due to categorical or income restrictions.  MinnesotaCare is available to those who meet income guidelines AND:  are “qualified” non-citizens OR  Effective 3/1/12, meet the definition of “lawfully present” under federal regulations.  Sponsor-deeming may preclude eligibility.

61. 10. Other benefits Some benefits are available without regard to immigration status, including: WIC (Women, Infants & Children) benefits school breakfast & lunch benefits benefits through Head Start K-12 free public education public health immunizations & testing soup kitchens, short-term shelter, etc. child care assistance for U.S. citizen children

62. 11. Considerations for mixed-status households To avoid getting reported to Immigration, those without proper documentation should be advised to:  Tell agency they are not eligible for benefits for themselves due to immigration status.  Tell agency they are applying only for eligible household member.  Not provide details about their status to agency.  Not provide Social Security number (unless necessary for income verification).  Verify earned income, from whatever source.  Verify pregnancy if seeking health coverage.

63. SCENARIOS

64. A. Battered immigrants: Natasha o Natasha is 36 and came to the US without papers. She left her U.S. citizen husband after he assaulted her with a baseball bat, causing traumatic brain injury. o A friend is letting Natasha stay in her condo and has stocked it with food. o Natasha filed a VAWA petition and received a notice she’d made a prima facie case for VAWA relief. o Natasha’s main concern is medical coverage. Her cognitive functioning is significantly impaired due to her injury, and she needs some home health care in order to remain in the community. o MA covers home health services; MinnesotaCare does not.

65. A. Natasha quiz Natasha: 1. is not currently eligible for any health care because she is undocumented. 2. is eligible only for MinnesotaCare and, therefore, cannot get home care. 3. is eligible for MA benefits because she is now a “qualified” non-citizen under federal law. 4. will not be eligible for any benefits until she has received final approval of her VAWA petition; at that point, she will qualify for MA.

66. B. Sponsor-Deeming: Ralph & Mai Lia o Mai Lia moved to US with minor daughter, Bee (now 8), 6 years ago, via relative petition signed by Mai Lia’s mom. Mom lives in California with stepdad, who earns $200,000 a year. o 11 months ago, Mai Lia married U.S. citizen Ralph, a widower & MFIP recipient with 6 kids. Mai Lia’s mom & stepdad stopped talking to her after the marriage. Ralph added his new wife to MFIP grant, then added couple’s new baby, Jethro, 2 months ago (he only gets the food portion). o County just notified Ralph it made a mistake by not counting Mai Lia’s deemed income. County has determined that whole household is ineligible for MFIP. County has terminated household’s benefits and has assessed it a huge overpayment. o County says: Ralph and all 8 kids remain eligible for MA. Bee can get SNAP. No one else is eligible for anything.

67. B. Ralph & Mai Lia quiz. The County: 1. Is wrong re: overpayment; County can’t make Ralph repay, since County was responsible for mistake. 2. Is wrong to close cash and food benefits for Ralph & older kids, since all are U.S. citizens; sponsor income can’t affect them, especially when sponsor is a stranger. 3. Is wrong not to give Jethro cash & wrong to end his food benefits, since he was born in U.S. after effective date of sponsorship (Mai Lia’s mom can’t be financially responsible for after-born children). 4. Is wrong to find Bee eligible for SNAP. How could only child not a citizen be only one eligible for food assistance? 5. Is right, darn it!

68. C. Reporting and Public Charge: Tamara & Mustafa o Tamara is U.S. citizen who is married to Mustafa. Mustafa’s student visa has expired; he hopes to adjust to LPR status sometime. o Tamara is unemployed. Mustafa works part-time using SSN he obtained on black market. Neither is eligible for UI. Mustafa isn’t earning enough to make ends meet. o The couple has 2 minor children born in U.S. The household needs food, medical and cash. Tamara is worried that applying for benefits will:  cause County to report Mustafa’s lapsed status to Immigration;  get Mustafa in legal trouble because he’s using false SSN; and  harm Mustafa’s chances of adjusting to LPR status.

69. C. Tamara & Mustafa quiz Tamara should: 1. apply only for medical and food benefits, reporting Mustafa’s wages to County as part of application process. 2. Apply only for medical and food benefits, but not report Mustafa’s wages to County as part of application process. 3. Not apply for any benefits. If she applies, County will have to report Mustafa to Immigration, and he could face removal (deportation). 4. Apply for all benefits. She has nothing to fear; she’s merely being a worry-wart.

70. D. SSI: Tang o Tang is 52, from Laos. She came to U.S. as refugee a little over 7 years ago. o Tang doesn’t speak English. She suffered trauma in her youth and can’t work. She likes to keep to herself. She started getting SSI a couple of years ago due to her PTSD. She also got a state MSA grant. o Because she had over $700 in monthly income, Tang could afford for her own apartment. o Recently, Tang’s SSI and MSA terminated because she is not a U.S. citizen. Tang applied for GA but doesn’t know how she’ll pay her rent. County says she can’t get GA until she signs up for ESL, literacy, or citizenship classes. o Tang wants her SSI benefits back.

71. D. Tang quiz Tang should: 1. ask Social Security to reinstate her SSI benefits; as a Hmong refugee, she is not subject to the 7-year limitation. 2. file a new application for SSI since she hasn’t used her 7 years of benefits yet. 3. apply for subsidized housing, sign up for citizenship classes, file a citizenship application, and ask her doctor to complete a medical waiver form for it. 4. appeal the County’s termination of her MSA benefits. 5. move to Nebraska, as she’ll automatically get SSI there.