1Nov

Criminal records, hire-ability, and Social Security disability

By Tomasz Stasiuk, November 1st, 2010 | Building a Case | 8 Comments

CC photo credit: Aaron Escobar ♦ (the spaniard)™

What if you cannot get a job because a criminal record? If no one will hire you, does that affect how Social Security will view your disability case?

I have a felony record from a stupid thing I did years ago. I did my time and I have not gotten in trouble since. When I was younger I did jobs that did not require a background check. Now, I’m older and I can’t do construction work any more. But I can’t get lighter work because I can’t get hired because of my record.

This is truly a “between a rock and a hard place” situation. There is no doubt that a criminal record affects an individual’s ability to get hired for jobs. Many jobs are completely foreclosed. Other jobs are at the discretion of a hiring supervisor – who may not want to hire someone with a criminal record.

These issues fall into the category of “hire-ability”– a way of describing the likelihood that an individual will actually get hired for a job they are physically and psychologically capable of performing.

The problem is that in disability cases, Social Security does not consider hire-ability into consideration when deciding if an individual is disabled. In Social Security disability and Supplemental Security Income (SSI) cases, Social Security only looks at whether an individual is able to perform the duties of the job. Social Security does not consider whether an individual is actually likely to be hired for a job.

That means that all of the issues of hire-ability: a person’s looks, their age, and any criminal status, are not considered by Social Security in deciding whether an individual is disabled.

=========================================================
Disclaimer: This is NOT legal advice. This site provides general information about Social Security disability cases in Colorado. To discuss your particular circumstances, please contact a lawyer in your area. Please review the full disclaimer .

Tomasz Stasiuk is the founding attorney of the Stasiuk Firm - a law firm devoted to exclusively handling Social Security disability cases in Colorado. Contingent fees available.

http://www.socialsecuritydisability.tv/disability_benefits.shtml Disability Benefits

This is an interesting point. Maybe they haven’t applied ‘hire-ability’ to SSDI and SSI judgment because of how much ambiguity there is involved. Someone who is refused a position due to their criminal record may only face that problem 2/3 times they apply for a job. Or furthermore, it could be a result of what kind of place they are trying to where or where it is geographically located. Either way, its unfortunate to think of someone in a situation where they are helpless due to a skeleton they have in their closet (that they have long since put to rest).
http://www.jobsforfelons.net Jobs for Felons

As someone who works in social services, and assists convicted felons in finding employment, we are asked this question on a regular basis…..if they can apply for social security with documentation from employers that they were not hired because of a criminal background. Of course, the answer is “no”, but many convicted felons inquire about this. It is a rampant complication across the United States and often these are the individuals who are unemployed the longest in this economy – those who can not find employment due to a prior mistake for which restitution and time has already been paid.
http://www.Planet10Tech.com TomaszStasiuk

I believe it. I have talked to number of people at Ask-a-Lawyer programs dealing with these issues. Punishing someone for something done in the past and atoned for runs counter to America’s second chance ethos. If a worker can speak to a hiring manager, the passage of time since the crime and contrition can help.
Fspagna

if you get denied for ssi then go all the way to federal court and sue them.take care
Oliviawashington

I am a felony how can i turn my life around when know will give me the chance to work at any type of job.
http://www.Planet10Tech.com TomaszStasiuk

Have you tried volunteering to build up positive references?
Micah

What if the background report contains inaccurate conviction information? For example, the conviction was for a misdemeanor – not a felony. Or, what if the arrest or conviction does not even belong to your client? That’s when a Fair Credit Reporting Act (FCRA) lawyer can help your client.
sickofitall

it is a horrible situation. The only solution is to somehow start your own business. Which is even harder when filing for disability. Once you start your business out of desperation and even if it fails horribly they will still consider it time worked and deny any benefits. Yet they expect you to survive 3-4 years without income.

I know someone that has no major issues and works 10hrs a day and he filed for disability and told them he sees “green men” I laughed at him for weeks telling him my brain disease is real and on paper and I have been denied, denied, denied still appealing after 3 years. Guess what? Within 2 months he was fully approved! his world has just gone ass backwards. In a way I do wish the world would really end Dec 2012. Im sure ill still be waiting then.

Also, people must realize that many of these people are “forced” into life of crime just to feed the family