Incarceration and its Affect on a Social Security Disability Claim

Last week, we discussed how an individual’s past relevant work, and their past in general, can have an affect on their Social Security Disability claim. In keeping with the same topic, we’ll discuss what happens to an individual’s Social Security Disability claim or their disability benefits when they are convicted of a felony offense and sentenced to a time of incarceration.

According to the Social Security Administration, the purpose of disability and medical care to those persons who suffer economic hardship produced by the inability to earn a subsistence level of wages. Prisoners, however, are not subject to identical economic hardships and do not need a continuing source of income because their basic needs are already furnished at public expense. Under Section 404.468 of the Code of Regulations, “No monthly benefits will be paid to any individual for any month any part of which the individual is confined in a jail, prison, or other penal institution or correctional facility for conviction of a felony.”

Essentially, an individual has applied for Social Security Disability benefits that have a past conviction and incarceration on their record is not eligible to receive any back-benefits for the time period in which they were incarcerated. Alternatively, if an individual receiving disability benefits commits and is later convicted of a felony offense, any disability payments they were receiving at the time of their incarceration will stop until such a time as the individual is released.

Both Social Security Disability and Supplemental Security Income payments are subject to termination if an individual is convicted of a felony offense and as a result is sentenced to a period of incarceration. However, in SSD cases, auxiliary benefits, paid to eligible family members- will continue even if the individual is not receiving benefits at the time because of the individual’s felony conviction and imprisonment.

The Social Security Administration will accept an application for disability benefits from an individual who is incarcerated. The process and the outcome, however, vary from the norm. If you’re a client and have any questions or concerns regarding incarceration and its affect on your Social Security Disability claim, please feel free to leave a comment and let us know!