Can criminal charges affect my ability to receive SSD benefits?

On Behalf of | Jul 17, 2015 | Social Security Disability

People in Florida who are seeking Social Security disability come from various backgrounds and circumstances. Not everyone has a completely clean record when it comes to having been arrested or convicted. Understanding the Social Security Administration and the federal regulations is important when seeking benefits. Many are concerned that they will be denied Social Security if they have an arrest warrant, have been convicted of a crime or have violated parole or probation.

The SSA has rules when it comes to these factors. A person who has a warrant for his or her arrest must let the SSA know if it is for one of the following felonies: flight in an attempt to avoid confinement or prosecution, escaping from custody or flight escape. With a warrant for these felonies, it is not possible to receive disability or underpayments in the months in which these arrest warrants are in effect.

If there is a criminal conviction, it is important to immediately inform the SSA. Disability payments will not be issued while a person is incarcerated. If, however, there are family members who are able to receive benefits due to the work done by the person who is incarcerated, then they can keep receiving benefits. Similarly, payments will not be made if a person is institutionalized for a crime or through court order and it is at the public expense. This is true if the person was declared not guilty because of insanity or some other mental problem, or if they are determined to be incompetent to stand trial.

Violating parole or probation that were imposed by federal or state law must also be reported to the SSA. It is not possible to receive payments or underpayment for the month that the parole or probation were violated. While many might be uninformed as to how the SSA views these issues when seeking or receiving Social Security disability, it does not automatically exclude someone from being awarded benefits if they meet the criteria. Because of the general nature of the information found in this post, discussing these matters with a legal professional can help with understanding how the SSA deals with criminal charges and the requirements when it comes to Social Security disability.

Source:, “Disability: What do I need to tell Social Security?,” Accessed July 14, 2015


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