Social Security disability benefits and incarceration
No one is perfect. People make mistakes and those mistakes can affect the course of their future. When people are charged with crimes, a variety of serious consequences can follow. These consequences apply no matter who the person is or what their financial situation may be. If a person is receiving Social Security Disability benefits, these benefits can be affected by a person’s criminal record and incarceration.
According to the Social Security Administration, in most cases people are not eligible for Social Security Disability Insurance benefits or Supplemental Security Income following a conviction on criminal charges. In particular, if a person is sentenced to more than 30 days in jail, that person cannot receive SSD benefits for any month where the person was incarcerated. This includes a month where a person was only incarcerated for a short time. As long as the total incarceration was more than 30 days the person cannot receive benefits that month.
Once a person has been released from jail, the person may be eligible to receive SSD benefits once again. Depending on the specific situation, an individual may need to reapply for these benefits. In particular, if a person was incarcerated for more than 12 months a reapplication is often necessary.
Although peoples’ incarceration affects their ability to receive Social Security disability benefits for themselves, peoples’ incarceration will not stop benefits going to their child or other dependent.
There are many rules to keep in mind when Pennsylvania residents are applying for or considering Social Security disability benefits. An attorney can help people understand their SSD benefits and what options are available to them.