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Can A Person With A Felony Get Disability?

Published by GLmanage


Navigating the complexities of disability benefits can be challenging, especially for those with a felony record. Yes, a person with a felony can get Social Security disability benefits, however, there are nuances to understand. As professionals in disability law, we’d like to provide some clarity and support for individuals in this situation, shedding light on how one can secure benefits even with a felony conviction.

How Can A Felon Get Social Security Disability Benefits?

For a convicted felon or someone who has been confined in a jail, prison, or other penal institution, the pathway to securing Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) is nuanced but attainable. These are the main factors that should be considered:

  • Eligibility and Criteria: Whether you can get SSDI or SSI depends on your disability and whether it’s related to your felony. You can be eligible for these benefits if your disability happened before or after your felony and wasn’t caused by committing a crime. You’ll need to show that your disability makes it hard for you to work, as the Social Security Administration requires.
  • Application Process: Applying for SSDI or SSI means you have to give a lot of information about your health and work history. This is to make sure your application shows your current health and ability to work. If you’re applying, make sure all your medical records are complete and up-to-date.
  • Expert Guidance: Sometimes, getting help from legal experts who know about disability and criminal law can be helpful. This is especially true if you have an unresolved legal issue or are in a rehab program, as these can affect your application.

Can You Lose Disability Benefits If Convicted Of A Felony?

The stability of receiving disability benefits can be significantly impacted by a felony conviction. Beneficiaries must understand how their legal status might affect their ongoing support.

  • Benefits Suspension for Incarceration: If you’re in prison for more than 30 days in a row after being convicted, your SSDI or SSI benefits can be suspended.
  • Dependents’ Benefits: Even if your benefits are stopped, your family members might still get their benefits if they qualify.
  • Getting Benefits Back After Release: When you’re released, getting your benefits back is a big step. You need to contact Social Security and provide documents showing you’ve been released. However, there are certain rules about when your benefits can start again.

How Can Benefits Be Reinstated After Jail Time Is Served?

When individuals are released from prison, many face the challenge of re-establishing their financial stability. Reinstating disability benefits is often a crucial part of this process.

  • Reinstatement Process: Once you’re out, you need to reach out to Social Security and show them proof, like release documents, that you’re out of jail to start getting benefits again.
  • Reapplying After Long Jail Time: If you were in jail for more than a year, you’ll need to apply for SSI again. This involves checking your current health and disability.
  • Getting Ready: Being prepared helps make the process quicker. Make sure you have all your important documents, like medical records and release papers, ready.

Other Components To Consider

  • Medicare and Medicaid: Planning for life after jail includes knowing how being in jail affects your Medicare and Medicaid. It’s important to keep paying for Medicare Part B to avoid losing coverage.
  • Applying Before Release: Starting your benefits application before you get out of jail can make things go faster once you’re released. Some jails have special agreements with Social Security offices to help with this.
  • Community Resources: Using local support services and legal help is key to successfully navigating disability benefits. In places like Houston, there are many resources and legal experts to help with this.

Discover Disability Support In Houston, Texas

If you’re thinking about applying for Social Security disability benefits but nervous to do so due to a criminal record, you’re not alone. The Law Office of Gerard Lynch stands as a beacon of hope and support for those navigating the complexities of disability law.

Through a unique blend of empathy, expertise, and personalized attention, our team is here to ensure that your disability benefits are secured in a smooth and well-informed fashion.

If you or a loved one is facing challenges in obtaining disability benefits due to a felony conviction, take the first step towards a brighter future. Contact the Law Office of Gerard Lynch for a free case consultation. Secure the benefits you rightfully deserve.

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This case was my first time hiring a lawyer but I am glad that the attorney I chose worked diligently with me to help me get the results I was looking for. I am confident in letting the law offices of Gerard Lynch handle my business when needed, and I will be contacting this office when or is there is another matter that I need handled. I, Alexander Foster, am very satisfied with the outcome of my case. The Law Office of Gerard Lynch and I worked together and we achieved the goal that we were striving for. I am so thankful.

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Frequently Asked Questions

Do I have to be disabled permanently to receive Social Security Disability (SSD)?

A claimant needs to be disabled for at least 12 months or have a medical condition that is terminal or expected to lead to death. Sometimes a claimant is not disabled permanently. In a certain time frame, when they are disabled from working, they could qualify for disability benefits.

It is possible, but rare to receive benefits without any medical evidence to back up your claim. If you do not have recent medical records, it is much harder to win a case. There is a possibility, though not common, that your case might be approved simply by going to a consultative exam by the SSA, where a doctor gives you a physical or mental examination.

One benefit of working with our office is that we will look carefully at your case. If you do not have enough current medical evidence for your claim, we can often give you information about low-income or indigent health services that can help establish a medical record for a low cost or free.

Our law firm, the Law Office of Gerard Lynch, only charges our clients if we win their SSD or Supplemental Security Income (SSI) benefits. We charge on a contingency basis, 25% of the back pay awarded to a claimant when we win the case. Our fee is capped at $6000. The fees are regulated by the Social Security Administration (SSA) and the agency pays us directly. If we do not win a case, we do not charge anything no matter how much work we have done. Once a client wins and their monthly checks begin, they will keep 100% of their checks.

Social Security Disability (SSD) comes from FICA taxes that are deducted from paychecks during the work history of a person. Every month that a person works and reports income to the government, taxes are deducted which are paid into social security. When FICA taxes are taken out of paychecks, most of it goes into the general Social Security retirement fund. However, a smaller portion goes into the general Social Security disability fund.

Contrary to popular belief, no one has an account set up with the SSA by default, even though all Americans are required to pay taxes into social security. People who become disabled over their lifetime and are not yet eligible to get their full-age retirement benefits can get benefits from the disability fund. They’ll need to apply for these benefits and get approved to receive them.

Supplemental Security Income (SSI) is a different program for disabled people and it is like a form of welfare. More specifically, it is for people who are either too young to have paid enough into the system or have not worked recently enough to receive Social Security Disability (SSD). To receive Supplemental Security Income (SSI), a claimant has to be equally disabled as a person who receives Social Security Disability (SSD) – the standard for determining disability is the same. One of the main differences in deciding which claimant receives Social Security Disability (SSD) or Supplemental Security Income (SSI) comes from the amount of money paid into the Social Security system over one’s lifetime.

It should also be noted that SSI carries much stricter income and resource qualifications for someone to get approved and maintain these benefits.

If you have any additional questions that we did not answer above, please get in touch with our team at The Law Office of Gerard Lynch. Unlike the larger Social Security disability lawyers of Houston, our office will make sure you’re treated as more than just a claim. Let our attorney review your disability claim and help you seek the peace you deserve.