Can you get or receive disability if you have a felony?For the most part, a felony will not impact eligibility for Social Security Disability (SSI or SSDI) benefits. There are some exceptions to the general rule. You may not be eligible for disability benefits should any of the following apply: 1. Your disabling condition was caused by or made worse while you were committing a felony. 2. Your disabling condition was caused by or made worse during an incarceration for a felony. 3. Your felony caused you to become a widow/widower or orphan (you receive adult disabled child benefits). Your disability eligibility could also be affected if you commit treason or other criminal actions. Should you need more detail about these specific federal situations, you should consult the SSA website or an attorney knowledgeable about Social Security law. If you are incarcerated for a felony or misdemeanor, both SSI and SSDI benefits are suspended for any month you are confined in jail, prison, or any other penal institution. The reason being, your needs (food, shelter, medical needs) are being taken care of during your imprisonment. The only exception would be if you were participating in an approved vocational rehabilitation program geared toward your returning to work following your release. If you receive SSDI, your benefits will be suspended after 30 days of incarceration. They can be reinstated the month after the month you are released. If you receive SSI disability, your benefits will be suspended after the first full calendar month of incarceration. Your SSI benefits can be reinstated without a new disability claim if your incarceration is less than 12 months; any longer will require you to file a new SSI disability claim. If you are incarcerated but considering an application for SSDI or SSI, you may be able to apply for disability prior to your actual release provided your penal institution has a prerelease application procedure. If not, you can apply for disability when you are released. In summary, most individuals who have been convicted of a felony can file for SSDI or SSI disability benefits. Additionally, dependent upon the disability program you are receiving benefits from, you will remain medically eligible for your disability while you are incarcerated, even though your monetary benefits are suspended for the duration of your incarceration. Keep in mind, if you receive SSI disability benefits you will have to file a new disability claim if you are incarcerated for more than twelve months. About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here. Most popular topics on SSDRC.com Social Security Disability in North Carolina Common Mistakes to avoid after being denied for Disability Tips to Prepare for Filing for Social Security Disability or SSI Advice to Win SSD and SSI Benefit Claims Social Security Disability SSI Questions What is the difference between Social Security Disability and SSI? How to get disability for depression Getting disability for fibromyalgia SSI disability for children with ADHD What is the Application Process for Social Security Disability and SSI? Social Security Disability SSI Exam tips More Social Security Disability SSI Questions What makes you eligible for Social Security Disability or SSI? Related pages: SSI and Social Security Disability requirements in North Carolina When should you File for Disability? What makes you eligible for Social Security Disability or SSI? Criteria - Eligibility For Social Security and SSI Disability Qualification Criteria for Social Security Disability How do you file for Social Security Disability or SSI? Eligibility and Qualifications for Disability in Illinois Applying for disability in Illinois Disability Lawyers in Illinois Will I Qualify For Disability Benefits in Illinois Disability denial in Illinois, when to get a lawyer |
