Am I Eligible for Disability Benefits If I Have Prior Criminal Convictions?
Do you have previous criminal records, or are you currently convicted for a crime?
If yes, you probably worry that your criminal history would affect your eligibility to receive disability benefits. You may also wonder if there are other requirements to meet to get a Social Security Administration (SSA) approval.
It is thus, however, better to know how criminal convictions could affect disability benefits applications.
Impact of Criminal Convictions on Disability Benefits Application
Here are the crucial points to remember if you have a criminal history and you want to apply for disability benefits:
Previous Criminal Conviction
Felony convictions generally don’t affect Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) applications.
The exception, however, includes subversive or rebellious crimes like sabotage and treason. The court could exclude the credits you earned during the year quarter when you were convicted. So, you need to make more disability credits to qualify.
So if you were convicted of treason in May 2022, you might lose the disability credits earned during the second quarter of 2022.
Avoiding Legal Proceedings
While a criminal conviction alone generally won’t affect a disability benefits application, you will not receive the insurance if you:
- Avoid court prosecution
- Evade arrest
- Escape from prison or law enforcement custody
Therefore, you should follow legal proceedings to avoid penalties and receive your disability benefits. However, you may hire a Burbank Social Security benefits attorney to get an SSA approval while facing a criminal conviction.
You can’t receive disability benefits when incarcerated for at least 30 days in any penal institution like a prison or correctional facility. The SSA will suspend your disability insurance and resume them after your release.
It’s because disability insurance serves as financial assistance that covers the daily needs of a disabled person. Once incarcerated, the government will support your needs while in the penal institution, making unnecessary financial aid.
On a side note, the benefits will resume upon your release only if its suspension doesn’t last for 12 months or more.
Probation and Parole
You may receive disability benefits when you are under probation or parole. However, always remember to follow the terms and conditions of your status, as violations could lead to insurance suspension.
Sustaining Disability While Committing a Crime
You are permanently ineligible to claim disability benefits for an injury you acquire while committing a crime. An example is when you sustain spine damage because you slip and fall while stealing a product from a store.
The thing is that you may still claim benefits for other disabilities you have. You only need to prove the cause of your disability and that you didn’t sustain it during a criminal act. A Burbank Social Security benefits attorney could support this part of your claim.
Sustaining Disability During Incarceration
You may apply for benefits if you acquire a disability or a preexisting condition worsened during your incarceration. However, the SSA will temporarily hold your insurance, and you will only start receiving them after your release.
Moreover, you must submit a new disability benefits application upon your release. It helps the SSA reconsider your condition, like checking for any improvements and if it prevents you from working full-time.
Call a Social Security Benefits Lawyer in Burbank for a Successful Benefits Application
Applying for disability insurance is an arduous process and can get more challenging if you have a conflict with the law. So, properly prepare your application to get the SSA approval despite your criminal records.
A Burbank Social Security benefits attorney will guide you through the complicated process of claiming disability benefits if you have criminal convictions.