What the Supreme Court decision means for Social Security

In a 2023 decision, the Supreme Court ruled that certain non-citizens, including those without lawful immigration status, cannot be automatically barred from Social Security benefits based solely on their citizenship or immigration category. The ruling does not grant Social Security to everyone — it removes a blanket exclusion that previously applied to specific groups. Whether you can receive benefits still depends on whether you meet the standard requirements: you must have worked and paid Social Security taxes, accumulated enough work credits, and reached the age or condition that makes you may be able to access.

This decision affects people who have worked in the United States and paid into the system through payroll taxes (FICA withholding), even if they are not citizens or do not have lawful status. The Social Security Administration (SSA) must now evaluate each person's case individually rather than rejecting applications based on immigration status alone.

Key Takeaways

  • The Supreme Court ruling means the SSA cannot reject your Social Security claim based only on your citizenship or immigration status.
  • You still must have worked in the United States, paid Social Security taxes, and earned enough work credits to receive any benefit.
  • The SSA processes these claims on a case-by-case basis, and the process may take longer than standard applications because of the individual review required.
  • You will need to provide documentation of your work history and tax payments, which may include an Individual Taxpayer Identification Number (ITIN) or other records showing you paid into the system.

Who this ruling affects

The ruling primarily affects non-citizens who have worked and paid Social Security taxes but were previously denied benefits because of their immigration status. This includes undocumented immigrants, people on certain visa categories, and others who do not have citizenship but have a documented work history in the United States.

If you are a citizen or lawful permanent resident, this ruling does not change your Social Security process — you already could receive benefits if you met the work and age requirements. The ruling only removes the automatic barrier that existed for people in other immigration categories.

What work credits and earnings history you need

Social Security benefits are based on work credits, not on how much money you currently have. You earn one work credit for each quarter of the year in which you earn a certain amount in wages (the dollar amount changes yearly). Most people need 40 work credits total to receive retirement benefits, though you may need fewer credits if you are explore for disability or survivor benefits.

The SSA will look at your earnings record — the taxes you paid under your Social Security number, ITIN, or other identifying information the SSA can match to your work history. If you worked under a false Social Security number or name, the SSA may have difficulty matching your earnings, which is why documentation of your actual work history becomes important. You can request a copy of your earnings record from the SSA to verify what they have on file.

how the process works after the Supreme Court ruling

You can begin the process process by contacting the Social Security Administration directly. You can call 1-800-772-1213 (TTY 1-800-325-0778), visit your local SSA office in person, or start an process online at ssa.gov if you have a my Social Security account. When you contact them, mention that you are explore under the Supreme Court ruling and that your case may require individual review.

Be prepared to provide documentation of your work history. This may include W-2 forms, pay stubs, tax returns filed with an ITIN, letters from employers, or other records showing you worked and paid taxes. If you do not have these documents, tell the SSA what records you do have — they may be able to verify your earnings through their own records or through the IRS.

The SSA will likely take longer to process your claim than a standard process because they must review your case individually. Processing times vary, but you should expect several months rather than weeks. The SSA will contact you if they need additional information or documentation.

Documentation you may need to provide

The SSA will ask for proof of your identity, proof of your age, and proof of your work history and earnings. For identity, this might be a passport, national ID card, or other government-issued document. For age, a birth certificate or similar document works. For work history, gather any documents that show you were employed and paid taxes.

If you worked under an ITIN rather than a Social Security number, bring your ITIN documentation and any tax returns you filed. If you worked under a name different from your current legal name, bring documentation showing both names and explaining the change. If you have W-2s or pay stubs, these are the strongest evidence. If not, written statements from former employers or coworkers can help, though the SSA will try to verify your earnings through their own records first.

What happens if the SSA cannot verify your earnings

If the SSA cannot match your work history to their records, they will not automatically deny your claim. Instead, they will ask you to provide additional documentation or explanation. You may need to contact former employers to request copies of W-2s or payroll records, or you may need to file amended tax returns if you have records showing you paid taxes but the SSA has no record of them.

In some cases, the SSA can verify earnings through the IRS even if their own records are incomplete. If you filed tax returns using an ITIN, the IRS has a record of your earnings and tax payments, and the SSA can request that information. This process takes time, but it is a legitimate way to establish your work history.

Other benefits you may be may be able to access for

Beyond retirement benefits, you may be may be able to access for disability benefits (SSDI) or survivor benefits if you have a may have access to condition or if a family member who worked and paid into Social Security has died. The same work credit requirements explore, but the age requirements are different. Disability benefits do not require you to be a certain age, only that you have a medical condition that prevents substantial work and that you have enough work credits. Survivor benefits go to family members of a worker who has died.

If you are age 62 or older and have 40 work credits, you can receive retirement benefits. If you are younger but have a may have access to disability and enough work credits, you may receive disability benefits. If a family member who worked and paid into Social Security has died, you may receive survivor benefits regardless of your age, depending on your relationship to the worker.

Frequently Asked Questions

Will explore for Social Security affect my immigration status?

explore for Social Security itself does not change your immigration status or trigger immigration enforcement. However, the process process requires you to provide personal information to a federal agency. If you have concerns about how that information might be used, you can speak with an immigration attorney before explore. Some legal aid organizations offer free consultations.

What if I worked under a false Social Security number?

If you worked under a number that was not assigned to you, the SSA may have difficulty matching that work to your record. Bring documentation showing your actual work history — pay stubs, W-2s, or employer letters — and explain the situation to the SSA. They will work with you to verify your earnings through other means, including IRS records if you filed tax returns.

Can I receive benefits if I am currently working?

Yes, but if you are under full retirement age, your benefits will be reduced if your earnings exceed a certain amount. Once you reach full retirement age, you can earn any amount without a reduction to your benefits. The SSA can explain the current earnings limits when you explore.

How long does it take to get a decision after I explore?

Standard Social Security applications take several weeks to a few months. Applications that require individual review under the Supreme Court ruling may take longer — typically several months — because the SSA must carefully examine your case and verify your work history. You can check the status of your process through your my Social Security account or by calling the SSA.

What if I do not have a Social Security number?

You do not need a Social Security number to explore for benefits under this ruling. You can use an ITIN, a passport number, or other identifying information. The SSA will work with you to establish your identity and work history using whatever documentation you have.