Ortega Disability Group

Can Felons Get Social Security Disability Benefits?

A blank Social Security card standing upright between a set of handcuffs on a glass surface.

Eligibility for Social Security Disability (SSD) Benefits is based on a variety of factors. These include such things as the type of disability you have, your work history, age, financial situation, and other considerations. Knowing there are claimant eligibility limitations, you might be asking, Can a felon get Social Security Disability?

Knowing whether you can qualify for disability upon release from incarceration is a common concern among individuals. Fortunately, Social Security Disability benefits can still be awarded despite a felony conviction. However, certain exceptions do apply.

If you apply for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) post-release, ineligibility will arise under the following circumstances:

  • The disability occurred or was aggravated while engaging in a felony.
  • The disability occurred or was exacerbated during imprisonment for a felony conviction.
  • You killed your parent(s) or spouse and became a widow or orphan (This pertains to Social Security Survivors’ benefits).
  • You’ve been convicted of a federal offense that can impact SSD eligibility, such as sabotage, treason, or select acts of terrorism.

If you’re struggling to understand the intricacies of disability eligibility, contact Ortega Disability Group today. Our disability lawyers in Oakland can protect your rights and help you file a claim with the Social Security Administration (SSA).

Impact on Existing Social Security Disability Benefits Post-Conviction

For individuals receiving SSDI prior to a felony conviction, benefits will cease if the beneficiary is incarcerated for over 30 days. However, post-release, benefits may be reinstated in the subsequent month.

Alternatively, if you’re receiving SSI benefits prior to a conviction, your benefits can be restarted in the month of your release. During your incarceration, your benefits will be paused, much like with SSDI. However, if you’re incarcerated for 12 consecutive months or longer, your SSI eligibility will be revoked. This means you’ll have to reapply for SSI after your release by filing a new claim.

To initiate the reinstatement process after benefit suspension, get in touch with your local Social Security Administration’s office. You can also contact our legal team at Ortega Disability Group. We know how to fight to ensure eligible individuals receive the disability benefits they need.

Contact Ortega Disability Group

The journey post-incarceration comes with many uncertainties, especially concerning the retention or acquisition of Social Security Disability benefits. Fortunately, the SSA doesn’t discriminate against claimants with a felony record.

Should you require SSI or SSDI support to navigate these challenging times, don’t hesitate to apply for disability benefits. Our qualified Social Security attorneys in California can offer professional guidance and ease the application process.

Contact us at Ortega Disability Group to schedule a free consultation and start your journey towards securing the support you need.

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