Social Security Disability Benefits and Felony Convictions: What You Need to Know 

You may be thinking about how to navigate your eligibility for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits if a disability prevents you from working. As you explore your options and the requirements for assistance, you might wonder what factors will determine your eligibility, particularly if you have a criminal history.

Can You Get Disability if You Have a Felony? 

Yes, if you have a felony, you may still be able to get disability benefits. Having a felony alone does not mean you won’t be able to get benefits. The Social Security Administration (SSA) does not discriminate against convicted felons. However, there are certain circumstances in relation to your felony that may disqualify you: 

• Your disability was a result of or made worse when you were committing the felony 

• Your disability was a result of or made worse while you were incarcerated 

• You became a widow or an orphan by killing your spouse or parent 

• You fled from the police 

• You committed treason or terrorism  

• You have an outstanding warrant 

• You violate your parole or probation  

Can you lose your Social Security benefits if you’re a convicted felon? 

If you are receiving SSDI or SSI benefits and commit a felony, incarceration may affect your eligibility. If you are incarcerated for more than 30 consecutive days, the SSA will suspend your benefits. The SSA does not pay benefits to individuals in correctional facilities due to a conviction. Upon your release, the SSA can reinstate your benefits; however, if your incarceration lasts longer than 12 months, you will need to reapply for benefits. If you are released within 12 months, the SSA will resume your benefits without requiring you to reapply. To reinstate your benefits, visit your local SSA office with proof of release. 

Certain factors about your felony may make you ineligible for benefits, but having a felony alone does not disqualify you. 

Because this issue is complex and adds to the already confusing application process, it is wise to hire a Social Security Disability lawyer to better understand your options if you have a felony. 

Can you get benefits if you are in a halfway house? 

If you are staying at a halfway house under the control of the State Department of Corrections, you will not receive benefits. You must be completely free from state control to be eligible. However, a previous stay at a halfway house does not disqualify you from receiving benefits. For example, if you have stayed at a halfway house before and are now applying for benefits, your past stay does not affect your eligibility. 

Fierce Advocacy 

At Nyman Turkish, our experienced attorneys and dedicated support staff are here to guide you through your Social Security benefits journey. Applying for benefits can be time-consuming and challenging, especially when navigating the best approach to securing your benefits and addressing specific circumstances.  

Our firm is dedicated to helping you understand your options and secure your benefits with care and compassion, regardless of your past.  Visit our website or call (877) 529-4773 for a FREE case review.