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





Comments on May an Incarcerated Felon Receive Social Security Disability Benefits? »
I would like to know if a convicted felon,that's not incarcerated,can receive title 16 SSI disability?
Eric - To my knowledge, a felony conviction does not bar someone from applying for and receiving Supplemental Security Income (SSI).