It is not uncommon for a greencard holder to return to the Philippines after working for several years in the US without having naturalized or become a US citizen. Because of the years they’ve put in work, these greencard holders become beneficiaries of certain Social Security benefits and receive payments for several years prior to their return to the Philippines. Upon their decision to return, some intentionally fail to notify the Social Security Administration or SSA of their move back to the Philippines for fear of losing their payments. While others, who are otherwise eligible for Social Security benefit payments are unaware that when they return to the Philippines and lose their “lawful permanent resident” status, such Social Security benefit payments may be suspended and lost.

For the former, or those who know about this rule try to hide the fact that they’ve moved back to the Philippines and do not bother informing the Social Security Administration. One message for them is that they must be aware that they have the responsibility to inform SSA of any change of address even if their payments are being deposited directly to your bank. Those who are already in the Philippines can write to the SSA of the US Embassy. If you continue to receive benefits knowing that you are no longer eligible, you can get into a lot of trouble. You can be made to return payments made. In most cases, the money has already been spent.

Also, a greencard holder should know that he/she is subject to a 25.5% alien withholding tax unless it can be proven that he/she was a US resident. This is done by showing evidence that he/she has maintained his/her US resident status and has not abandoned it. Once a copy of the greencard is shown, then he/she is qualified for a refund. Such refund is applied for by filing an Internal Revenue Service return within 3 years of the date the return for the year in question was filed or within 2 years of the date the tax was paid, whichever is later.

Finally, with respect to your alien taxes withheld from your benefits, regardless of your status as permanent resident, you can still claim for a refund by filing a return with the Internal Revenue Service, which will determine any liabilities or credits based on your return.

Determining whether you are still eligible for Social Security benefits can be complicated. Do not try to determine on your own or think you can find a way around it. You must seek the services of a competent attorney in your area – one who is knowledgeable in Social Security claims.

Atty. Michael Templo is an attorney admitted to practice law in New York State and Federal Courts and is a partner at Templo & Templo http://www.templolaw.com with offices in New York, USA and Makati City, Philippines. Atty. Templo specializes in US Immigration matters. Atty. Mike Templo is also a host for the weekly show “Crossing Borders” which airs every Thursday at 10:30PM on ANC and 2:30PM on TFC crossingborderstv.multiply.com.

The discussion above is not intended as legal advice, and cannot be relied upon for any purpose without the services of a qualified professional. For your comments and questions, Atty. Templo can be reached at info@templolaw.com or log on to www.templolaw.com.

[source: http://www.abs-cbnnews.com/views-and-analysis/10/20/09/social-security-benefits-lawful-permanent-residents-living-rp-atty-mike-]