Criminal records, hire-ability, and Social Security disability
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.
Social Security disability benefits in a half-way house
Even though you cannot receive Social Security benefits during incarceration, can you get disability if you are out of jail or prison and residing in a half-way house?
Under the Social Security regulations, the answer is “no.”
“I was transferred from prison to a halfway house that is under the control of my state’s Department of Corrections. Can I have my benefits started again since I am no longer in prison?”
No. Social Security will not pay benefits while you reside in any facility under the authority of your state’s Department of Corrections. Even though you are no longer in prison, you …
Social Security disability benefits and home monitoring
Will your Social Security benefits (Social Security disability insurance – SSDI, or Supplemental Security Income – SSI) stop if you have to wear an ankle bracelet or other type of home monitor?
The answer is no. Social Security does not consider in home detention as “incarceration” which would normally stop payment of Social Security benefits to the disabled individual.
So, having a home ankle monitor will not stop your Social Security benefits.
When do Social Security benefits stop after incarceration
As a general rule, you are not entitled to Social Security disability benefits if you are incarcerated in jail or prison. However, Social Security benefits do not end immediately with incarceration:
If you are on SSI (Title 16 – Supplemental Security Income benefits), your Social Security disability benefits do not stop until you are incarcerated for 30 days:
If you get a monthly SSI check and you are in jail, your SSI check will stop after you are in jail for a full calendar month.
For example, if you were in jail on 3/21/01 and you will stay there to serve a three-month sentence, SSA will stop your SSI check beginning …
Tips on restarting Social Security disability benefits after incarceration
Social Security may be able to restart your benefits after you are released from incarceration (jail or prison). Click here for more information on whether you may be able to resume benefits vs having to start a new claim for benefits.
If you are eligible to resume your benefits, here are Social Security’s recommendations to get your Social Security disability or SSI benefits as quickly as possible:
If possible, you or the prison should contact Social Security before you are released. As soon as you know your scheduled release date, ask if the prison has a pre-release agreement …
Starting Social Security disability benefits after incarceration
After you are released from jail or prison, will Social Security let you restart your benefits or will you have to start a new application?
The answer depends on the kind of benefits you received (Social Security Disability Insurance – SSDI, or Supplemental Security Income – SSI) and how long you were incarcerated in jail or prison.
Restarting SSI after incarceration:
It is possible to restart SSI benefits if you were incarcerated for less than 12 months.
After you are incarcerated for a year or longer though, you have to start a …
Fleeing felon definition changed due to class action suit
I previously wrote about how Social Security stops benefits for fleeing felons. However, there has been considerable litigation across the country regarding what constitutes a “fleeing felon.”
Social Security changed its definition of “fleeing” due to a settlement in the nationwide class-action lawsuit.
The April 2009 issue of capital NOSSCR Social Security Forum has a lengthy discussion of this:
Do spouse’s and children’s benefits continue during incarceration?
If an individual is disabled and receives Title 2 Social Security Disability Insurance benefits (SSDI aka DIB), their spouse (husband or wife) and minor children can also receive benefits because of the spouse’s / parent’s disability. These are called auxiliary benefits.
I previously coved how Social Security benefits stop if a disabled person is goes to jail / prison.
So, what happens to the children’s or spouse’s benefits if the disabled individual is incarcerated: goes to jail or prison?
Do the wife or husband’s auxiliary benefits stop?
Do the children’s auxiliary benefits stop?
How to postpone a Social Security hearing?
Even though it often takes a year or even two years to get your Social Security hearing, you may find that you are not ready when the big day finally comes.
Is there any way to continue, postpone, or delay my Social Security hearing?
Yes. You can request a continuance to postpone your hearing.
Lets look at how to do this.
What constitutes “fleeing” in a fugitive felon cessation cases?
I previously wrote about how Social Security can stop benefits if a person is a fleeing or fugitive felon.
The courts have been wrestling with the question of whether an outstanding arrest warrant (not a conviction, just the arrest warrant) is enough to make a person a “fleeing felon.”
NSCLC Website writes about a court’s rejection of Social Security claiming a person was “fleeing” in order to stop their benefits.
Another court, this time in Tennessee, has rejected the Social Security Administration’s (SSA) position that it can suspend Supplemental Security Income (SSI) benefits by relying on the existence of an outstanding …
If you were in jail or prison and are applying for Social Security disability benefits, get your entry & release dates!
We have previously discussed that an individual is not eligible to receive Social Security disability benefits while incarcerated. This issue frequently comes up when an individual already on Social Security is incarcerated.
However, it is important to remember that the prohibition on receiving Social Security benefits may also impact your application for Social Security benefits, if you were in jail or prison during the time you are alleging entitlement to Social Security disability benefits.
For example:
Let’s say you applied two years ago and that you are waiting for a hearing.
But, one year ago (during the period of alleged disability), you were in jail for a month.
Social Security will not pay you benefits during that periods of incarceration.
Here is the problem that comes up:
Social Security benefits stop for fugitive felons
I previously wrote about how Social Security disability benefits stop during incarceration.
However, your Social Security disability benefits can also stop if you labeled a “Fugitive Felon.”
Fugitive felons is anyone who is
Fleeing to avoid prosecution for a crime which is a felony; or
Fleeing to avoid custody or confinement after conviction for a crime which is a felony; or
Individuals receiving Title XVI payments or Title II benefits who are violating a condition of probation or parole imposed under Federal or State law.
Read more at Social Security (link removed – Social Security took down the page).
Social Security hearings in jail or prison
The second part of Gordon Gates’ article on whether you can receive Social Security disability benefits while incarcerated, talks about hearings 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.
I have done hearings in prisons and I agree with his concerns.
It is much harder to prove a case for someone who is incarcerated.
Does a felony conviction prevent you from getting disability benefits / SSI?
I saw this question in the comments on Jonathan Ginsberg’s site, Social Security Disability Blog:
I would like to know if a convicted felon, who is not incarcerated, can receive Title 16 SSI disability?
This is a great wrinkle on our current discussion on the effect of incarceration on Social Security disability benefits, including SSI. I encourage anyone interested in this topic to bookmark this link and check back as I will be adding articles to the subject in the days and weeks to come.
As a Social Security lawyer in Colorado, I have worked with a number …
Can you receive Social Security while in jail / prison?
Jonathan Ginsberg of the Social Security Disability Blog writes about what happens to your Social Security benefits if you are in jail/prison.
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.
Via May an Incarcerated Felon Receive Social Security Disability Benefits?.
SSR 83-28 notes that Congress intended to deny prisoners Social Security disability benefits during incarceration because, “prisoners … do not …
