Your eligibility for Social Security Disability benefits if you have previously committed a crime depends on a number of factors. If your disability stems from the commission of a crime or if you are evading arrest and prosecution, you will not be eligible for benefits. However, if you are currently incarcerated or your disability arose while in prison, you could be eligible for benefits upon release. For individuals on probation, it is crucial to comply with the terms of their parole. Failure to do so could result in the suspension of Social Security Disability benefits.
Applying for Social Security Disability benefits is never an easy task. Many people are under the misunderstanding that a felony conviction will prevent them from receiving much-needed benefits. While there are exceptions, you should still be eligible for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). You will still have to demonstrate that you suffer from a qualifying condition and a lengthy incarceration could impact your work credits. Our Fayetteville disability lawyers are here to help you through the entire process.
For over two decades, our team of experienced lawyers have been assisting disabled individuals obtain the financial assistance they need. If you have any questions concerning your criminal record and your ability to qualify for Social Security benefits, call our law office at (479) 316-0438.
Social Security Disability Eligibility for Felons
If you have a criminal record, whether you were convicted of a misdemeanor or a felony, the general rule is that it will have no impact on your eligibility for Social Security Disability Insurance benefits or Supplemental Security Income. However, there are some situations where it does present a problem. If you have been convicted of a crime, speak with one of our Arkansas disability lawyers before deciding that you are not eligible for benefits.
You Were Incarceration
If you are currently in jail for a felony conviction, you will not receive Social Security benefits while you are in prison. This means if you were receiving benefits at the time of your conviction and arrest, your disability benefits will be suspended after thirty days into your sentence.
If you are released from custody in less than twelve months, your benefits could be reinstated without filing a new application. However, if your sentence is longer than twelve months, you will have to begin a new application process. It is up to you to keep the SSA informed of your incarceration and release dates.
While you are serving your sentence, your family members still might be eligible for benefits under your work record. Our Farmington Social Security disability lawyers will review your work history.
You Were Evading Arrest
Not everyone is willing to accept responsibility for their actions and accept their sentence. If you are actively evading arrest, you are not permitted to apply for Social Security Disability benefits. This applies to anyone who has escaped custody, is avoiding prosecution, or is in flight from the jurisdiction where the crime was committed. The SSA will suspend any benefit payments for any month that a recipient has an active arrest warrant.
You Became Disabled While Committing a Crime
If you become disabled, or aggravate a pre-existing condition, during the commission of a crime, you are not permitted to apply for disability benefits based on that condition. Even if the impairment or disability was obtained in the vicinity of the criminal act, you will still be disqualified.
It is crucial to note that the disability does not have to directly relate to the criminal activity. The two only need to be close in time and place. The debilitating condition does not have to be related to any actions or conduct associated with the criminal conduct.
You Became Disabled While Serving a Prison Sentence
Some people become disabled while they are serving a prison sentence. If your condition arises while you are incarcerated, you are permitted to submit an application for disability benefits pending your release. This would also be the case if you had a previous condition that worsened while you were in prison.
Typically, the SSA will put a freeze on your disability benefits. A freeze means you will only be able to collect your benefits after you have been released. However, once you are released, you will need to file a new disability claim. Contact our Bentonville disability attorney if your medical condition started while in prison.
You Are On Parole or Under Probation
People who are on parole or under probation are eligible to receive Social Security Disability benefits. However, any violation of the terms of your parole will result in immediate ineligibility during the time you are held in violation.
You Have Been Convicted of Certain Federal Offenses
In addition to the exceptions listed above, your eligibility for Social Security Disability Insurance benefits could be limited if you have been convicted of certain federal offenses. For example, if you were convicted of any subversive activities, such as sabotage, treason, or similar crimes, you might limit eligible for disability benefits. Federal courts are authorized to issue specific orders that exclude the wages, taxes, and self-employment income from being used to determine the amount of your monthly benefits.
Do Not Let Your Criminal Record Stop You From Obtaining Social Security Benefits; Call Our Arkansas Disability Lawyers for a Free Consultation
Applying for and being approved for Social Security Disability benefits often feels like a Herculean task. When you have a criminal conviction, it might seem impossible. However, that is usually not the case. Our experienced Fayetteville disability lawyers are here to provide the legal assistance and guidance you need. If you have questions about how your past life will impact your ability to qualify for disability benefits, contact our law offices. Call (479) 316-0438.to arrange a free consultation.
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