Case: 17-12033 Date Filed: 01/05/2018 Page: 1 of 5 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 17-12033 Non-Argument Calendar ________________________ D.C. Docket No. 0:14-cv-62923-BB DARRON FERGUSON, Plaintiff-Appellant, versus SOCIAL SECURITY ADMINISTRATION, Defendant-Appellee. ________________________ Appeal from the United States District Court for the Southern District of Florida ________________________ (January 5, 2018) Before TJOFLAT, WILSON, and FAY, Circuit Judges. PER CURIAM: Case: 17-12033 Date Filed: 01/05/2018 Page: 2 of 5 Darron Ferguson appeals the district court's order affirming the Commissioner of Social Security's decision denying his application for supplemental security income (SSI). On appeal, Ferguson argues that (1) he was a qualified alien and met one of the conditions for receiving SSI; (2) a prior ALJ decision issued in 2002 established that he met the alien eligibility requirements for receipt of SSI; and (3) his origin and race were involved in the Commissioner’s decision. After careful review of the parties’ briefs and the record, we affirm. I. We review de novo the Administrative Law Judge’s application of legal principles, “but we are limited to assessing whether the ALJ's resulting decision is supported by substantial evidence.” Henry v. Comm'r of Soc. Sec., 802 F.3d 1264, 1266–67 (11th Cir. 2015) (per curiam). Substantial evidence is “relevant evidence as a reasonable person would accept as adequate to support a conclusion.” Parks ex rel. D.P. v. Comm'r, Soc. Sec. Admin., 783 F.3d 847, 850 (11th Cir. 2015). We may not decide the facts anew, make credibility determinations, or re-weigh the evidence. Moore v. Barnhart, 405 F.3d 1208, 1211 (11th Cir. 2005) (per curiam). To be eligible for SSI, an individual must be a resident of the United States and be either: (1) a citizen, or (2) an alien lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law. 42 U.S.C. § 1382c(a)(1)(B)(i); 20 C.F.R. §§ 416.202(b), 416.1600. An alien 2 Case: 17-12033 Date Filed: 01/05/2018 Page: 3 of 5 who is not a qualified alien is not eligible for any federal public benefit. 8 U.S.C. § 1611(a). A qualified alien includes “an alien who is lawfully admitted for permanent residence under the Immigration and Nationality Act” at the time he applies for a federal public benefit. 8 U.S.C. § 1641(b)(1). Qualified aliens are not eligible for certain federal programs—including SSI—unless they meet one of the statutory exceptions. 8 U.S.C. §§ 1612(a)(1)-(2), (a)(3)(A). There are two exceptions relevant to this appeal. First, an alien is eligible if he was receiving SSI on August 22, 1996 and is lawfully residing in the United States, also termed “grandfathered qualified alien.” 8 U.S.C. § 1612(a)(2)(E); see also Soc. Sec. Admin., Program Operations Manual System, SI 00502.150. Second, an alien is eligible if he was lawfully residing in the United States on August 22, 1996, and is blind or disabled. 8 U.S.C. § 1612(a)(2)(F). Ferguson argues that he is a “grandfathered qualified alien.” But nothing in the record shows that he was receiving SSI on ...
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