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Ray
Ray, Lawyer
Category: Legal
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Experience:  29 years in civil, probate, real estate, elder law
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If there is a situation for someone over the age of 65, who

Resolved Question:

If there is a situation for someone over the age of 65, who wants to get Medicare and/or SS benefit (this person has been paying taxes, SS, etc all his life while working) but he does not have proof of residency.
Can this person still apply for Medicare? Yes/No Reason please
and can this person apply for SS benefit? Yes/No Reason please
Submitted: 2 years ago.
Category: Legal
Expert:  Ray replied 2 years ago.

RayAnswers :

Thanks for your question and good evening.You can apply here for social security and medicare.

RayAnswers :

Here is the information concerning medicare.

RayAnswers :

The following is taken from the SSA website for applying for Medicare and lists the documents that may be required to apply:



  • Birth certificate or other proof of birth;

  • Naturalization papers;

  • U.S. military discharge paper(s);

  • W-2 forms(s) and/or self-employment tax returns for last year.

RayAnswers :

Here is what social security asks for.

RayAnswers :

We may also ask you to provide documents to show that you are eligible:



  • Birth certificate or other proof of birth;

  • Naturalization papers;

  • U.S. military discharge paper(s);

  • For disability benefits, the two forms (SSA-3368 and SSA-827) that describe your medical condition and authorize disclosure of information to us; and

  • W-2 forms(s) and/or self-employment tax returns for last year.

Customer:

I seen this on the SS web, but as you mentioned it states "may be required", lets say this person has W-2 forms and/or tax return for last year (not self employment) but is not US born or US naturalization or ailen card or visa. can this person still apply?

RayAnswers :

Did this person enter illegally?

RayAnswers :

Does this person have a valid social security number here please clarify for me??

Customer:

not exactly sure because i don't know this person personally, but i think he came legally but was unable to get ailen card or something

Customer:

he does have SS i think since he been working and paying taxes, ss, etc

RayAnswers :

Well they can apply and see if they get approved.Certainly there is no harm in filing here and seeing if they are awarded benefits.From what you state if they have a social security card and other tax information they should apply and see where it goes.

Customer:

just a curiosity but if he applies and SS determines he is illegal to stay what would happen? would he be deported?

RayAnswers :

And he might qualify for SSI or SSDI here as well if there is any disabillity present.It is worth a try to seek benefits.

RayAnswers :

No social security just approves or denies benefits.

Customer:

also... is there a penalty if he is over 65, lets say 68 and has not applied medicare yet? but he has personla health insurance

RayAnswers :

I hope this information has been helpful to your question. Please be aware that I am only allowed to provide information and not specific advice. If you have a follow-up question, please remember that there might be a delay between your follow up questions and my answers because I may be helping others or taking a break.


If you need additional clarification on this question, please do not hesitate to click Reply and I will be happy to respond to you. Thanks again for allowing me to help you. Please be aware that the information provided here is not legal advice. Rather it is simply general information. All states have intricacies in their laws and any information given is informational only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.


I would appreciate you giving my answer a positive rating and have a good day.


 

RayAnswers :

They can apply here for both medicare and social security here.

RayAnswers :

I wish them good luck with applying.Thanks for letting me help you.

RayAnswers :

If you can click accept it is much appreciated.

Customer:

Thank you very much for the site, i will go ahead and forward it.

RayAnswers :

Here is some more for you

Ray, Lawyer
Category: Legal
Satisfied Customers: 30129
Experience: 29 years in civil, probate, real estate, elder law
Ray and 10 other Legal Specialists are ready to help you
Expert:  Ray replied 2 years ago.
One more

http://www.ssa.gov/pubs/10043.html

Thanks again for letting me help you.
Ray, Lawyer
Category: Legal
Satisfied Customers: 30129
Experience: 29 years in civil, probate, real estate, elder law
Ray and 10 other Legal Specialists are ready to help you

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Ray
Ray
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29 years in civil, probate, real estate, elder law