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
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).
My Brother has seizures on average four to five times a week and somethines as often as four times a day with meds. My question is he will be released from jail in about nine months can he qualify for aid from the goverment such as disability and help with meds?
With the job market in my state being very low, does being a felon qualify for SSI? Is it considered a disability that a single father with custody of his son is barred from even being a licensed barber. The government has disable me from the work force. I have paid my debt and still can't take my son hunting, be licensed for any job that requires a license. With unemployment at a national high in michigan, the low paying jobs that I can work are being filled by people without felonies. Does anyone know if I would qualify for SSI?
I noted the reply you gave with regards to SSI …what about a SSDI recipient? If NOT incarcerated can a fraud felon receive benefits? I know someone convicted of SSA fraud and has had their benefits cut off…and I assume , if they are legally entitled, they will have to go to Federal Court for a written order?
My ex-husband is disabled and is currently receiving disability benefits. He was arrested last week and is facing multiple felony charges. He is looking at a minimum of five years in jail. We have two children together. We all draw off of his disbility benefits. He is also obligated to pay $275 a month out of his own disability check. I would like to know if the children and I will continue to receive benefits? We live in Virginia if that helps.
Thank you
I would like to know if a convicted fraud felon, who owes his victims more the 1/2 million dollars, and is now released from prison and is no longer on probation, can receive social security pension, or if social security will take an amount monthly to pay for his victims? I need an accurate answer and please tell me where can I look up this information or who can I contact. Thanks so much.
what if a person was collecting ssi and then was incarserated after he is released does he have to apply all over again?he recieved ss1 for about 7 or 8 years then was incarcirated for ten years and released does he have yo go apply all over again or can they still use his prior mhr disability?