Comments on: Does a felony conviction prevent you from getting disability benefits / SSI?

By: Jimiallen95

Jimiallen95 — Wed, 01 Feb 2012 01:34:00 +0000

I am a Ky resident I spent the last 6 yrs. incarcerated(Jan. 3,2006-Jan.3,2012), I have been disabled since 1992, I am having a huge ordeal in getting my benefits re-instated despite my myriad of medical conditions that have only compounded by my many years on internment, and the sad state of correctional medical care. I am being forced to re-pay medicare deductions that were mounting during my incarceration despite my many letters to the SSA and the commissioner himself. My criminal conviction has been vacated and remanded once, and is for the 2nd time before the Ky Sup. Court. If reversed can i receiveall benefits I would have received if not for the wrongful conviction? Harlie P. Lewis-Ky

By: TomaszStasiuk

TomaszStasiuk — Sun, 27 Mar 2011 17:25:00 +0000

That’s an entire case worth of advice you are asking for.

I recommend your son obtain representation as soon as possible. You may be able to hire someone on his behalf during his rehab.

If the hearing has been scheduled, and he will be unavailable due to inpatient rehab, this scheduling conflict needs to be taken care of. Social Security does not look very fondly on “no-shows.”

By: InquiringMom

InquiringMom — Sun, 27 Mar 2011 04:03:00 +0000

My son is presently incarcerated for DUI in Oklahoma, awaiting placement in a year long rehab for chemical dependency. He had applied for Soc Sec disability approximately 3 years ago for depression, anxiety attacks, and pain from neck, back and shoulder injuries. His prescription drug problems were connected to these issues.
He has been acquiring medical and psychiatric counseling documentation during this time. He was denied 3 times, but now has a hearing in April of this year. Unfortunately, he will have to postpone the hearing as he will not be allowed to leave rehab to attend. Also, he will not receive any licensed psychological or psychiatric treatment, or continued medical treatment on a regular basis as far as I know during this year long rehab requirement.
My question is, how will these restrictions affect his Soc Sec disability application? What would be your recommendation for him to follow? He was dismissed by the paralegal he had when he was arrested for DUI. She became angry and said he’d “messed up the deal”. Frankly I was glad, but I did pick up his file and CD from her office. He really does need disability help as well as rehab. He’s a bright, college educated man that got off track in recent years, but is eager to further his education and start rebuilding his life, and the Soc Sec disability would clearly help as I’m afraid he is going to have problems finding a job when he gets out of rehab with a felony on his record.

By: TomaszStasiuk

TomaszStasiuk — Mon, 21 Mar 2011 19:22:00 +0000

Well, you probably already know that the options on most denials are 1) appeal, 2) reapply, or 3) drop it. The denial discusses the time limit your son has to appeal.

You may want to contact a lawyer in your area to go over these options and evaluate your son’s chances of success and what would need to be done to build his case, if you decide to appeal.

I have also written about Social Security, criminal records and hireability here: http://www.socialsecurityinsider.com/2010/11/social-security-hireability-and-criminal-felony-conviction/

By: LifeRyder

LifeRyder — Mon, 21 Mar 2011 15:18:00 +0000

My son was diagnosed with Crohn’s Disease while I was deployed for OIF in 2003. Since then he has been convicted of a 3rd Degree/Vehicluar Fleeing and Alluding. While in jail, he suffered not one but two flare-ups. The second landed him in ER surgery. Now, because of Wayne Co. (MI) finanical situations, they have again released him. This time with a tether, which he is expected to pay for monthly. With his medical condition, and now two (2) felonies along with jail time, companies don’t want him. They view his medical conditon as a liability, not to mention felony record. SSI has denied him a claim…now what?

By: Steven R. Miller Jr.

Steven R. Miller Jr. — Sun, 14 Nov 2010 00:18:00 +0000

Steven R. Miller Jr Steve DOb 8 13 62 > have not paid past due benefits in 8 years attorney approved. only way to job success thousands due. cost me ten full time jobs proves itself 900 a week 48 hours amazon fernley through a rip off called integrity staffing. but 415 488 2085 adolf hitler actual torture. seceret serivice said actual “kiss my evil ass!”Agent jacob grey. “you dont have to even mena it” use of terrorist threat s law ties in owe me millions in san francisco. questionable other major diabolical.call them. call press lawyers use thsi law wont get job done. even fo big money! 5 31 03 arrest 5 1 05 arrest under only illegaly wide open I win alone off this twice. all i signed too.threat!in it! they must eb joking/steven miller dob 8 13 62.

By: Ontime5455

Ontime5455 — Mon, 11 Oct 2010 00:13:00 +0000

I am a construction worker with a felony and with things like they now there is no work out there and at 55 years old I have had no luck getting a job. MY question is how this is not being disabled I was incarerated for 10 1/2 years of a 16 year sentance and got out of prison in 2002 I worked until
2007 most of time. Because in construction with small business they don’t run checks on your past I can’t find no work because I made a mistake at a bar one night and my life is over in the workforce. ps haven’t drink since that night. soon to be homeless if something don’t give soon.

By: W. Dean Stoner

W. Dean Stoner — Tue, 06 Jan 2009 03:39:18 +0000

I am a two way radio technician. I keep loosing my job, due to a past felony record. The companies do a back ground check, after they hire, and then-when it comes back “fail”, they let me go. Since my conviction, I cannot keep a job long. Five years, I kept one, it was the longest.
A prison record, when you work as a two way radio technician, when you do service work on the IL State Police repeater sites, and mobile radios, is not good. So-my question is, Does having a felony conviction, and a prison record, which limits you on your job, give you the eligibility for SSI?

By: TomaszStasiuk

TomaszStasiuk — Tue, 06 Jan 2009 03:12:33 +0000

Unfortunately, "hire-ability" is not considered by Social Security in
determining whether an individual is eligible for disability.

In other words, Social Security only looks at whether a person is
physically and mentally capable of doing a job, not whether the person
will get hired for a job.

In every case that I have seen, a prison record is a hireability
issue, not a disability issue.

By: W. Dean Stoner

W. Dean Stoner — Mon, 05 Jan 2009 19:39:18 +0000

By: TomaszStasiuk

TomaszStasiuk — Mon, 05 Jan 2009 19:12:33 +0000