---
kind: "section"
citation: "42 U.S.C. § 1004"
title: "42"
title_heading: "The Public Health and Welfare"
number: "1004"
heading: "Disqualifications"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/1004"
units:
  - "Chapter 7 — Social Security"
  - "Subchapter VIII — Special Benefits for Certain World War Ii Veterans"
---

# §1004. Disqualifications

- (a) **In general—** Notwithstanding [section 1002 of this title](/usc/42/1002.md), an individual may not be a qualified individual for any month—
  - (1) that begins after the month in which the Commissioner of [Social](/usc/42/1397j.md?p=20) Security is notified by the Attorney General that the individual has been removed from the [United States](/usc/42/1012.md?p=5) pursuant to section [1227(a)](/usc/8/1227.md?p=a) or [1182(a)(6)(A)](/usc/8/1182.md?p=a-6-A) of title 8 and before the month in which the individual is lawfully admitted to the [United States](/usc/42/1012.md?p=5) for permanent residence;
  - (2) during any part of which the individual is fleeing to avoid prosecution, or custody or confinement after conviction, under the laws of the [United States](/usc/42/1012.md?p=5) or the jurisdiction within the [United States](/usc/42/1012.md?p=5) from which the [person](/usc/42/1301.md?p=a-3) has fled, for a crime, or an attempt to commit a crime, that is a felony under the laws of the place from which the individual has fled, or, in jurisdictions that do not define crimes as felonies, is punishable by death or imprisonment for a term exceeding 1 year regardless of the actual sentence imposed;
  - (3) during any part of which the individual violates a condition of probation or parole imposed under Federal or [State](/usc/42/619.md?p=5) law; or
  - (4) during which the individual resides in a foreign country and is not a citizen or national of the [United States](/usc/42/1012.md?p=5) if payments for such month to individuals residing in such country are withheld by the Treasury Department under [section 3329 of title 31](/usc/31/3329.md).
- (b) **Requirement for Attorney General—** For the purpose of carrying out [subsection (a)(1)](#a-1), the Attorney General shall notify the Commissioner of [Social](/usc/42/1397j.md?p=20) Security as soon as practicable after the removal of any individual under section 1227(a) or 1182(a)(6)(A) of title 8.

## Source credit

(Aug. 14, 1935, ch. 531, title VIII, § 804, as added Pub. L. 106–169, title II, § 251(a), Dec. 14, 1999, 113 Stat. 1845; amended Pub. L. 108–203, title II, § 203(c), Mar. 2, 2004, 118 Stat. 511.)

## Notes

### Editorial Notes

### Prior Provisions

For prior provisions, see note set out under section 1001 of this title.

### Amendments

2004—Subsec. (a)(2). Pub. L. 108–203 substituted “or, in jurisdictions that do not define crimes as felonies, is punishable by death or imprisonment for a term exceeding 1 year regardless of the actual sentence imposed” for “or which, in the case of the State of New Jersey, is a high misdemeanor under the laws of such State”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2004 Amendment

Amendment by Pub. L. 108–203 effective on the first day of the first month that begins on or after the date that is 9 months after Mar. 2, 2004, see section 203(d) of Pub. L. 108–203, set out as a note under section 402 of this title.