Stuck Behind Bars? Learn How It Affects Your Eligibility For Social Security Disability Benefits

Being arrested and convicted of a criminal offense can have immediate and lasting consequences, especially if you rely on Social Security Disability and/or Supplemental Security Income benefits. The following provides an in-depth guide on how a misdemeanor or felony conviction could impact your eligibility for disability benefits.

SSDI Eligibility During Prison

Since Social Security disability and SSI benefits are commonly used to help recipients supplement their income, the SSA will suspend your eligibility since your basic needs (food, shelter and medical care) are being met by your state's Department of Corrections during your incarceration. As a result, you won't be eligible for disability or SSI benefits during your incarceration, regardless of whether it's for a misdemeanor or felony offense.

If you were already receiving disability benefits, these benefits will be suspended within 30 days of your incarceration and reinstated 30 days after your release. If your benefits have been suspended for more than 12 months, you may have to submit a new disability application in order to have your benefits restored.

However, you may be able to retain your disability and SSI benefits if you're participating in a qualifying vocational rehabilitation program during your incarceration. Your spouse and children will also continue to receive SS benefits on your record as long as you were receiving benefits prior to incarceration. If your penal institution has a pre-release agreement with the Social Security Administration (SSA), you may be able to reapply for disability and SSI benefits prior to your release.

SSDI Eligibility After Prison

Having a felony conviction does not impact your eligibility for Social Security benefits. As soon as you complete your sentence and are released from custody, you'll be able to restart your disability and SSI benefits as long as you meet other criteria for eligibility.

If you're released on parole, probation or home monitoring, you'll be able to receive your disability benefits as long as you comply with the conditions of your release. If you're released to a halfway house operated by your state's Department of Corrections or if you're confined to a mental health facility via court order, you won't be eligible for disability or SSI benefits until you've been released from those facilities.

Disabilities That Arise During a Crime or Incarceration Don't Count

In most cases, you won't be eligible for benefits due to a disability resulting from or made worse by injuries suffered while you were committing a felony or while you were incarcerated. Certain federal offenses, such as sabotage and treason, can also negatively impact your eligibility status. However, the SSA may still grant you a disability freeze that prevents your retirement benefits from being lowered during periods of earning little to no income.

Disability Status With Outstanding Warrants

If you have an outstanding felony warrant for an offense related to a flight-escape, escape from custody or flight to avoid prosecution and confinement, the SSA can revoke your eligibility or suspend any disability payments being made.

However, you may still be able to qualify for disability benefits if you were unaware of your outstanding felony warrant and took no steps to flee the jurisdiction. This also applies for probation and parole violation warrants. This change in policy came about on April 1, 2009, when the SSA revised its policies on delivering benefits to fleeing felons. Prior to this change, you would have been disqualified from receiving benefits regardless of your knowledge or cooperation.

It's important to understand how your incarceration could affect your eligibility for Social Security disability and SSI benefits. If you're looking to restart your benefits or have other questions regarding your eligibility, you may want to consult with an experienced Social Security disability attorney.