Understanding your eligibility for Social Security Disability (SSD) can be confusing, especially if you have a past conviction. Individuals with a felony conviction can still qualify for Social Security Disability benefits, however, there are some considerations to take into account.
Eligibility Criteria for SSD Benefits
Social Security Disability supports those who cannot work due to a severe disability. The Social Security Administration (SSA) considers several factors when assessing your eligibility. These factors include the nature and severity of your disability, your work history, age, and financial status.
Situations That Affect SSDI Eligibility
While having a felony on your record does not automatically disqualify you from receiving disability benefits, certain situations can impact your eligibility. For instance, if you apply for Social Security Disability Insurance (SSDI) after being released from prison, your claim will not be approved if the following apply to your situation:
- If your disability arose or worsened while committing a felony
- If your disability occurred or was aggravated while you were incarcerated for a felony
You may also not be eligible for SSDI if found guilty of sabotage, treason, or certain terrorism acts.
Impact on Existing Benefits
As stated above, having a felony on your record can affect your ability to secure disability benefits. In some cases, it can also impact existing disability payments.
For those already receiving benefits prior to the conviction of a crime, your benefits will be suspended if you’re incarcerated for more than 30 days. However, these benefits may be reinstated upon your release. This rule applies to both SSDI and Supplemental Security Income (SSI) beneficiaries.
If incarcerated for 12 months or more, SSI recipients must apply for benefits a second time.
Variations to these guidelines may apply for individuals engaged in approved rehabilitation programs.
To navigate the reinstatement process after suspension, contacting a trusted Social Security Disability attorney is a recommended step. Seeking advice from legal professionals can make the process of applying or reapplying for benefits much less complicated.
Ficek Law, PC: We Believe Everyone Deserves Access to Disability Benefits
At Ficek Law, PC, we understand the complexities surrounding receiving Social Security Disability benefits, especially for anyone convicted of a felony.
Our firm’s knowledge of Social Security Disability law ensures that every individual, regardless of their past, has access to the support they deserve. When you work with Attorney Anton G. Ficek, you’ll find he is committed to helping you understand your eligibility and guiding you through the application process.
Navigating the Path Forward
The journey towards securing benefits post-incarceration is filled with uncertainties, but the Social Security Administration doesn’t discriminate against convicted felons. If you’re in need of SSDI or SSI support in North Dakota, Ficek Law, PC, is here to offer professional guidance.
If you’re questioning “Can a convicted felon get Social Security benefits?” you can trust our dedicated disability lawyer to provide the answers you seek. Contact us to schedule a free case consultation and start your journey towards securing the financial assistance you need.
