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Your continued Social Security disability eligibility has less to do with your conviction and more to do with whether you are in jail and why are you are disabled. In many cases, a conviction alone will not prevent you from receiving Social Security disability. If you have been convicted and (1) you have already served jail time, (2) you have received a suspended sentence, or (3) your sentence does not include jail time, you may be able to receive Social Security disability benefits as long as you qualify for such benefits.

However, There Are Exceptions to This General Rule

If you have been convicted of a crime, you may not be eligible for Social Security disability if:

  • You became disabled while you were committing the crime for which you were convicted.
  • You became disabled while you were in jail for the crime for which you were convicted.
  • You committed a specific type of crime, such as treason, that prevents you from recovering benefits.

Additionally, you may not be able to receive benefits while you are in prison.

How to Restart Your Social Security Disability Insurance (SSDI) Benefits When You Are Released From Prison

While in prison, you remain on the Social Security disability roster even though you will stop receiving checks within 30 days of incarceration. Because of this, the process of restarting your benefits should be straightforward when you are released. You should be able to a Social Security office after your release with proof of your release and personal identification. However, the government may try to deny your Social Security disability.

Know How to Protect Your Rights

You have received and served your sentence for the felony you committed. You have paid the price for the crime. Now, it is important to know your rights and to advocate for your full and fair recovery of Social Security disability benefits if you think you are eligible for such benefits. The benefits which you have earned and may receive can make a significant difference in your life. To find out more about what you can do to protect your rights, please read our FREE report: Social Security Disability, What You Need to Know or start a live chat with us today.

Morgan & Weisbrod LLP

by Paul B. Burkhalter
Managing Partner of Morgan & Weisbrod, Board Certified in Social Security Disability Law.


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