How to file for disability, Filing for SSI
Disability Requirements, Disability Status
How long is the wait?, Disability Application
The Social Security List of Impairments
Qualifying for Disability, Mental Disability
Disability Lawyer Info, Disability Back Pay

Can you get or receive disability if you have a felony?

For the most part, a felony will not impact eligibility for Social Security Disability (SSI or SSDI) benefits. There are some exceptions to the general rule. You may not be eligible for disability benefits should any of the following apply:

1. Your disabling condition was caused by or made worse while you were committing a felony.

2. Your disabling condition was caused by or made worse during an incarceration for a felony.

3. Your felony caused you to become a widow/widower or orphan (you receive adult disabled child benefits).

Your disability eligibility could also be affected if you commit treason or other criminal actions. Should you need more detail about these specific federal situations, you should consult the SSA website or an attorney knowledgeable about Social Security law.

If you are incarcerated for a felony or misdemeanor, both SSI and SSDI benefits are suspended for any month you are confined in jail, prison, or any other penal institution. The reason being, your needs (food, shelter, medical needs) are being taken care of during your imprisonment. The only exception would be if you were participating in an approved vocational rehabilitation program geared toward your returning to work following your release.

If you receive SSDI, your benefits will be suspended after 30 days of incarceration. They can be reinstated the month after the month you are released. If you receive SSI disability, your benefits will be suspended after the first full calendar month of incarceration. Your SSI benefits can be reinstated without a new disability claim if your incarceration is less than 12 months; any longer will require you to file a new SSI disability claim.

If you are incarcerated but considering an application for SSDI or SSI, you may be able to apply for disability prior to your actual release provided your penal institution has a prerelease application procedure. If not, you can apply for disability when you are released.

In summary, most individuals who have been convicted of a felony can file for SSDI or SSI disability benefits. Additionally, dependent upon the disability program you are receiving benefits from, you will remain medically eligible for your disability while you are incarcerated, even though your monetary benefits are suspended for the duration of your incarceration. Keep in mind, if you receive SSI disability benefits you will have to file a new disability claim if you are incarcerated for more than twelve months.

Essential Questions

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Receiving a Disability Award Letter

Conditions Social Security will recognize as a disability

Previously answered questions regarding SSD and SSI

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Most popular topics on SSDRC.com

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The listings, list of disabling impairments

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Disability Lawyers prevent unnecessary denials

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Filing a Social Security Disability SSI application

Filing for disability - when to file

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Qualifications for disability benefits

How to Prove you are disabled and Win your Disability Benefits

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New and featured pages on SSDRC.com

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Related pages:

When should you File for Disability?
What makes you eligible for Social Security Disability or SSI?
Criteria - Eligibility For Social Security and SSI Disability
Qualification Criteria for Social Security Disability
How do you file for Social Security Disability or SSI?
Eligibility and Qualifications for Disability in Illinois
Applying for disability in Illinois
Disability Lawyers in Illinois
Will I Qualify For Disability Benefits in Illinois
Disability denial in Illinois, when to get a lawyer

These pages answer some of the most basic questions for individuals who are considering filing a claim.

Do I need an attorney to win disability?
How Long Does It Take To Go Before A Judge For Disability?
Will a Judge give you an Immediate Decision at the Disability Hearing?
What happens when you go to a disability hearing?
Social Security Disability SSI and Medical conditions
Social Security Disability lawyer fee
Can a lawyer or attorney speed up my disability case?
When can I expect my first disability check and my back pay check?
Going to a medical exam for Social Security Disability or SSI
Filing for disability - How to file the disability application
Do you need a lawyer to file for disability?
How Far Back Can SSI Back Pay Be Paid?
Can you get temporary Social Security Disability or SSI benefits?
The Social Security Disability Award Letter
Social Security Disability SSI Eligibility Requirements
How Many Times Will you be denied before You Get Approved for Disability?
What makes you eligible for Social Security Disability or SSI?
How to Prove disability and qualify to win benefits
How to speed up the disability process
Social Security Disability Back pay and How Long it Takes
What should you say if you go to a Social Security Exam?
Maximum back pay you can get from Social Security Disability or SSI
How to qualify for disability
What is the Social Security Disability List of Impairments?
What is considered a disability by Social Security?
How Long Does A Social Security Disability Appeal Take?
How does back pay for Social Security Disability work?
Your Social Security Disability Status
How do you find out if a disability claim has been approved or denied?
How to check Social Security Disability Status
Applying for disability, what medical conditions can you apply for?
How do you prove your disability case if you have a mental condition or impairment?
How much does disability pay?
Can I get permanent Social Security Disability or SSI?
How long will it take to get a disability decision letter?
Social Security Disability and SSI Medical Exams
How long does it take to be approved for SSI or Social Security Disability?
How Long to get a Disability Hearing decision?
How long to get disability benefits after you receive an award notice?
Social Security Disability and Working
What makes a person eligible to receive disability benefits?
How To Get Disability Through SSDI or SSI Approved
How Much Income Can A Person Earn If He Draws Social Security Disability?
Partial disability benefits from Social Security
Can I Qualify For Disability for Depression?

For the sake of clarity, SSDRC.com is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by former caseworker and former disability claims examiner, Tim Moore, who was interviewed by the New York Times on the topic of Social Security Disability and SSI benefits in an article entitled "The Disability Mess" and also by the Los Angeles Times on the subject of political attempts to weaken the Social Security Disability system.

The goal of the site is to provide information about how Social Security Disability and SSI work, the idea being that qualified information may help claimants pursue their claims and appeals, potentially avoiding time-consuming mistakes. If you find the information on this site helpful and believe it would be helpful to others, feel free to share links to its homepage or other pages on website resource pages, blogs, or social media. Copying of this material, however, is prohibited.

To learn more about the author, please visit the SSDRC.com homepage and view the "about this site" link near the bottom of the page.