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Posts Tagged ‘Jail/Prison’

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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; [...]

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 [...]

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 [...]

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 [...]