September 29, 2008

May an Incarcerated Felon Receive Social Security Disability Benefits?

I recently received an email question from a blog reader about the eligibility of a convicted felon for Social Security disability benefits.  There is a simple answer here - you may not collect disability benefits during the time you are incarcerated.  Social Security ruling 83-28 addresses this situation directly.

Assuming that Social Security will accept an application for disability benefits from a claimant who is incarcerated, I do not believe that the adjudication process actually stops during the incarceration.  I have actually attended hearings held in prison.  The problem - incarcerated claimants often do not get treatment from physicians who are very interested in filling out forms or helping the prisonor/claimant.  Further, judges tend to be somewhat skeptical about the credibility of an imprisoned claimant.  Bottom line - it is an uphill battle for many reasons.

Spread the Word!

Permalink Print Comment

Filed under Eligibility Issues, Starting the disability process by Jonathan Ginsberg

Comments on May an Incarcerated Felon Receive Social Security Disability Benefits? »

September 30, 2008

Eric Cummings @ 7:25 am

I would like to know if a convicted felon,that's not incarcerated,can receive title 16 SSI disability?

October 20, 2008

John U. @ 12:16 pm

Eric - To my knowledge, a felony conviction does not bar someone from applying for and receiving Supplemental Security Income (SSI).

Leave a Comment