Can I receive SSD benefits if I have a criminal past?

On Behalf of | Apr 22, 2015 | Social Security Disability

When people in Kissimmee believe they meet the necessary requirements to receive Social Security disability benefits, they need to be aware that it’s not as simple as being disabled and automatically receiving their benefits. There are certain facts and rules in the federal regulations that must be understood and followed to ensure that those who are eligible are able to receive SSD benefits. One issue that can arise for applicants has to do with arrest warrants, convictions and parole.

A person who has an outstanding warrant for arrest must inform the Social Security Administration of this fact if the warrant is for certain felonies. The felonies are: attempting to flee and avoid being prosecuted or confined, escaping from custody and flight-escape. If there is an outstanding warrant for these offenses, it is impossible to receive Social Security disability benefits or payments that were owed for the month that there is the outstanding warrant.

If there was a criminal conviction, the SSA must be informed. Payments or underpayments that are owed might not be paid to the applicant during the time in which he or she is under confinement for a crime. It is possible that the family members who still have eligibility can keep getting benefits. In general, the payments or underpayments are not paid to a person who has committed a crime and has been confined via court order and it is at the public’s expense. This is true in the following cases: if the person was found not guilty because of insanity or if there were other problems like being mentally incompetent, having mental defects, having a mental disease or if he or she was deemed incompetent for trial.

If probation or parole was violated, the SSA must be told. This is true whether it was state or federal law. No payments will be made in the month that the violations were committed. Recipients and applicants for Social Security disability benefits often have various different circumstances that they are dealing with. That includes a criminal issue or history. The SSA doesn’t automatically decline benefits to those who have a criminal past, but it’s important to follow the rules. Discussing the matter with a legal professional experienced in all aspects of the requirements for SSD benefits is also beneficial.


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