Seek A Trusted Arkansas Disability Lawyer
For more than 20 years, Ken Kieklak has fought for hard-working Arkansans who have had to stop working due to a serious injury or the development of a severe disability. Even if you made a mistake that resulted in a felony conviction at some point during your life, you are likely still eligible to receive SSD benefits if you can meet the medical and program requirements. To schedule a free and confidential SSD consultation call Ken at 316-0438 or contact us online today.
Are You Eligible For Va Medical Care While Imprisoned
Incarcerated soldiers do not forfeit their eligibility for medical care. However, regulations currently restrict the Department of Veterans Affairs from providing hospital and outpatient care to an incarcerated soldier who is an inmate in an institution, given that another government agency has a duty to provide such benefits.
Veterans who are released from prison or jail and go into a program for re-entry will not be eligible for rent assistance.
The VA may provide care to a Veteran who has been released from prison. Veterans can apply for the VA healthcare system when they get out of the military. They should contact a VA healthcare facility close to where they live.
Requirements To Qualify For Disability
The disability determination is conducted by the Social Security Administration . Application is made by contacting the local SSA office.
There are several criteria that are evaluated by the SSA in order to determine if an individual is disabled.
First, those considering applying for disability must have worked jobs covered by Social Security.
An important factor considered by the SSA is whether or not individuals are currently working or have worked since applying for disability.
They must not have been able to work for at least one year prior to applying for disability.
For those who are working, if they earned as much as $1130 per month during 2016, they are considered to be gainfully employed and ineligible for disability. This is true even if they have a medical condition meeting the requirements for a disability.
Then, their medical condition must be severe enough to be considered disabled.
For each of the major body systems, there are criteria to meet for the condition to be termed severe. For those systems not covered, they must be considered to be equivalent in severity to other major body systems.
Then, the medical condition must significantly interfere with the ability to work.
In order to determine this, the SSA will need to know what type of work felons did previously, including any skills learned on the job. The determination must be made of whether felons can do what they previously did or be able to adapt to a different job.
Recommended Reading: How Much Is Ssdi In California
Violating Parole Or Probation
You are still eligible to receive Social Security disability benefits if you are on probation or parole and are not otherwise ineligible. However, if you violate the terms of probation or parole, you become immediately ineligible for benefits for the time period when you are found to be in violation of the terms of your probation or parole.
How Criminal Convictions Affect Social Security Benefits
Can Felons Receive Social Security? Yes, But With Exceptions
The general rule is that a person who is convicted of a felony can still receive Social Security benefits once they are released. However, like every rule, there are exceptions. A felony conviction will deem you ineligible to receive Social Security Disability Benefits if:
- Your disability was caused by your felonious act
- Your disability was made worse by your felonious act
- Your disability arose while you were imprisoned for committing a felony
- You were convicted of treason, sabotage, or a similar crime
You Cant Receive Survivors Benefits by Killing a Spouse or Parent
In addition, if you became a widow or orphan by killing your spouse or parent, you are ineligible to receive Social Security survivors benefits. In sum, just because you were convicted of a felony in the past, does not mean that you are ineligible to receive Social Security benefits. Rather, you simply must meet the general criterion for qualifying. For social security, this means you are either 65 or older, or blind, or have a qualifying disability, or have little to no income or financial resources.
Social Security Unavailable for Felons Currently in Prison
As for felons who are currently imprisoned, Social Security benefits are not available. The rationale behind this rule is while imprisoned, the persons food, shelter, and medicine are being paid for already.
No Need To Re-File for Disability Benefits if Suspended for Less than a Year
Recommended Reading: How Long Do You Get Va Disability
When Will My Benefits Be Reinstated
Once you are released from jail, you can have your Social Security Disability benefits reinstated the month after you have been released from jail as long as you still qualify for the benefits you had been receiving. If your condition has improved and you no longer qualify, your Social Security Disability benefits will not resume.
To have your benefits reinstated after your release from prison, you will need to visit your local Social Security office and notify them of your release. You will also need to bring proof of your release from jail in order for your monthly benefits to be reinstated.
The exception to this rule is if you are in prison for more than 12 months. If you are in prison for more than 12 months, your benefits will not automatically be reinstated after your release. Instead, you will need to re-apply for benefits and go through the application process all over again. If this is the case, you may wish to retain the services of a qualified Social Security Disability attorney in order to ensure that your Social Security Disability application will be processed as quickly as possible and that you have the best possible chance of a successful outcome.
Also Check: How To Change Va Disability Direct Deposit
Becoming Disabled While In Prison
If you develop a disability while in prison or your situation is made worse during your incarceration, you can apply for disability benefits while incarcerated. The SSA will usually freeze your benefits, meaning that you will only start receiving them once you are released. When you are released, you must submit a new disability application. The SSA can consider your current medical condition, any improvements you experienced and how your condition prevents you from working.
Also Check: Michigan Disability Benefits
Can A Felon Get Disability
Felons, as with many others, may sustain physical problems that result in ongoing medical conditions, preventing them from being able to function normally.
When those physical problems linger and become severe enough that they are unable to work, they may need to apply for disability due to these medical issues.
This blog post will cover whether felons can get disability.
- Requirements to Qualify for Disability
- Qualifying with a Felony
- Supporting a Felon in Getting Disability
Can Felons Get Social Security Disability Benefits
After getting released from jail many people often wonder, can felons get social security disability benefits? The simple answer is yes, a felony conviction does not automatically disqualify you from social security benefits. However, there are few exceptions to this rule. If you apply for social security disability insurance after being released from prison you will not be eligible if:
· Your disability happened or was made worse while you were committing a felony.
· Your disability happened or was made worse while you were in jail, prison, or correctional facility for a felony conviction.
· You made yourself a widow or an orphan by killing your spouse or parent .
Being convicted of crimes such as sabotage, treason and certain acts of terrorism can also affect your eligibility for benefits.
Social Security Benefits While in Jail
If youre already receiving SSDI benefits before youre convicted, these benefits will be stopped after youve been incarcerated for more than 30 days. Once you are released from jail your benefits can be reinstated the month following your release.
Exceptions to these rules can be made if you are participating in an approved rehabilitation program.
Also Check: 504 Plan Food Allergies
Certificate Of Good Conduct
In contrast to the Certificate of Relief, you are eligible for the Certificate of Good Conduct even if you have been convicted of more than one felony. You do not become eligible for a Certificate of Good Conduct until a minimum period of time has elapsed from the date of your unrevoked release from custody by community supervision or from the date your sentence ended.
You must show that you have completed/achieved a certain period of good conduct in the community. You must wait:
- five years if the most serious felony on your criminal record is an A or B
- three years if the most serious felony on your criminal record is a C, D or E felony or
- one year if you only have misdemeanors on your criminal record.
Effect on Status
A Certificate of Good Conduct has the same effect as the Certificate of Relief. However, the Certificate of Good Conduct may restore your right to seek public office and remove all legal bars or disabilities, or specific bars or disabilities.
The Certificate of Good Conduct issued to you while under community supervision is a temporary certificate. The Certificate becomes permanent upon discharge from supervision.
How to Apply
If you have not completed your sentence, you cannot apply directly for a Certificate of Relief or a Certificate of Good Conduct.
Contact James Scott Farrin For Assistance And Answers
If you are disabled and plan to apply for SSDI or SSI in North Carolina, or if youve applied previously and have been denied Social Security Disability benefits, the Law Offices of James Scott Farrin has the resources you need to help with your Disability claim. Contact us for a free case evaluation or call us for assistance, 24-hours-a-day, 7-days-a-week, at .
However There Are Exceptions To This General Rule
If you have been convicted of a crime, you may not be eligible for Social Security disability if:
- You became disabled while you were committing the crime for which you were convicted.
- You became disabled while you were in jail for the crime for which you were convicted.
- You committed a specific type of crime, such as treason, that prevents you from recovering benefits.
Additionally, you may not be able to receive benefits while you are in prison.
The Ssa Cannot Find You
The SSA and Disability Determination Services the agency that determines your medical eligibility for benefitsmust be able to communicate with you regarding your application. If these agencies cannot reach you to schedule examinations or communicate with you about critical matters, your benefits may be denied. If you name a representative to handle your paperwork, you may not need to get in touch with the SSA, but be sure to stay in touch with your representative or attorney. If you move while your application is being considered, make sure the SSA knows how to contact you. Claimants get denied every day because the SSA cannot find them.
Recommended Reading: How To Apply For Ssi In Texas
The Right To Possess A Firearm
What rights do felons lose after a conviction? Firearm rights. In fact, you can lose your right to possess a firearm for many different kinds of convictions, including all felonies, many violent crimes, and many domestic violence crimes.
It is not possible to restore firearm rights for all convictions, but for most cases, gun rights restoration is possible its also one of our main areas of legal practice as gun rights attorneys here at Findley & Rogers.
Disability Benefits And Felony Convictions
Disability Associates February 15, 2016
The Social Security disability attorneys at Disability Associates explain how felony convictions affect SSI disability benefits.
Although a felony conviction alone will not keep you from being approved for Supplemental Security Income , your benefits may be suspended during the time of your imprisonment.
Eligibility After Committing a Felony
Generally, felony convictions does not have an impact on an individuals eligibility for Social Security disability benefits through Supplemental Security Income . However, there are three main exceptions to this rule pertaining to Social Security Disability Insurance that are worth noting. You will not be eligible for benefits if:
- your disability was worsened during your time in jail, prison or a correctional facility for a felony conviction
- your disability occurred while you were committing a felony
- you intentionally made yourself an orphan or widow by killing your spouse or parent, which primarily applied to Social Security survivors benefits
Eligibility During Incarceration
Additionally, a convicted felon may apply for benefits while still imprisoned if the institution has a pre-release application procedure. Otherwise, a convicted felon can apply for benefits immediately upon release from prison or jail. However, if an individual has violated the terms of his or her parole or probation, he or she is not entitled to Social Security disability benefits.
Felons Who Flee
Also Check: How Much Is Ssdi In Ohio
Most Individuals With A Felony Conviction Can Still Receive Benefits
The general rule is that a felony conviction will not impact ones eligibility for benefits. However there are exceptions. One exception is if you disability was created or made worse during the commission of a felony. Injuries from this source will not qualify for SSD benefits. If your disability or injury came into existence or was made worse while you were imprisoned due to the felony conviction. The third exception to the general rule of eligibility despite a felony conviction applies to survivors benefits. Here, a convicted felon is ineligible only if he or she made themselves an orphan or widow due to the killing of their own parents or spouse. The final exception to the rule is, perhaps, slightly obvious. But, a convicted felon who flees or escapes and has an outstanding warrant cannot receive benefits.
Recommended Reading: 20 Percent Disability Rating
My Spouse Kids Or Dependent Parents Rely On My Income
If your family members need your income during your imprisonment, they can apply for apportionment benefits. This means that the VA will send either part of all of your benefits to them during your confinement.
The family member applying for apportionment will need to provide the VA with income information. The VA will consider living expenses, income, and compensation available for apportionment. They will also look at any special needs when making their determination.
Apportionment benefits are not automatic. The appropriate family member must apply to receive these benefits.
Also Check: Disability Stimulus Checks Deposit Date
Is Improper Handling Of A Firearm A Felony
Also asked, what does improper handling of a firearm mean?
Improper handling of a firearm is a common violation for people with good intentions who fail to transport the firearm in a legal manner. Improper handling of a firearm is considered to be knowingly discharging a gun in a vehicle or having a loaded firearm accessible in the vehicle without a permit.
Likewise, what does having a weapon under disability mean? Definition of Having weapons while under disability:Acquiring, having, carrying, or using any firearm or dangerous ordnance, While the person is a fugitive from justice, or. While under indictment for a violent or drug felony, or. Is drug or alcohol dependent, or. Has been adjudicated mentally incompetent.
Also Know, what is the penalty for carrying a concealed weapon in Ohio?
Penalties for Carrying Concealed WeaponsAs a misdemeanor, you face up to 6 months in jail and $1,000 fine. For a 5th degree felony, you may have to spend 6 to 12 months in prison, and pay up to $2,500 in fines. For a 4th degree felony, you may have to spend 6 to 18 months in prison and pay up to $5,000 in fines.
Can you carry a gun in a commercial vehicle in Ohio?
No change – that is, there are no Ohio laws specifically dealing with carry in a commercial vehicle. Normal carry laws apply, and of course any employer rules.
Your Disability Won’t Last Long Enough Or Isn’t Severe Enough
To qualify for SSDI or SSI benefits, the Social Security Administration must believe that your impairment is severe enough to last at least 12 months or result in your death. The only exception to this duration requirement is for blind SSI applicants.
Many claimslike those based on bone fractures resulting from acute trauma, such as automobile or motorcycle accidentsare denied because they are not likely to cause disability for 12 months. Almost all bone fractures heal in less than a year. However, if you have severe bone fractures that aren’t healed after six months, the SSA is then likely to think your impairment will last a year. Each case is evaluated on an individual basis.
In addition, your medical condition must cause you severe limitations to qualify for SSDI or SSI. Most claims are denied simply because the applicant’s impairment was not severe enough .
Recommended Reading: Active Duty Retirement Pay Calculator
Convicted Felon And Social Security
A felon who can get the benefits of social security: There are criteria you must meet to qualify for social security benefits. First is the age limit. You should be at least 65 years old or more. Another consideration is the number of years in active service. You must have worked, and paid your Social Security levy for 10 years at least to get the retirement benefits.
Read also: What is Probation?
Another thing to note is disability benefits. But payment is made only to insured persons who cannot work as a result of a severe medical condition. Their condition should be terminal or one that would last for at least one year to be eligible for this payment. A new parolee or someone who is jobless is not qualified to receive disability payments.