If you have been arrested or convicted of a crime it can impact your Social Security disability claim. No one can receive Social Security disability benefits while they are incarcerated, but there is crucial information you need to inform Social Security of if you are receiving benefits or in the process of applying. Below are some guidelines from Social Security regarding the matter.
What do I need to tell Social Security?
If you have an outstanding warrant for your arrest You must tell us if you have an outstanding arrest warrant for any of the following felony offenses:
- Flight to avoid prosecution or confinement;
- Escape from custody; and
- Flight-escape.
You can’t receive regular disability benefits, or any underpayments you may be due, for any month in which there is an outstanding arrest warrant for any of these felony offenses.
If you’re convicted of a crime Tell Social Security right away if you’re convicted of a crime. Regular disability benefits, or any underpayments, that may be due aren’t paid for the months a person is confined for a crime, but any family members who are eligible for benefits based on that person’s work may continue to receive benefits.
Monthly benefits, or any underpayments that may be due, are usually not paid to someone who commits a crime and is confined to an institution by court order and at public expense. This applies if the person has been found:
- Not guilty by reason of insanity or similar factors (such as mental disease, mental defect, or mental incompetence); or
- Incompetent to stand trial.
If you violate a condition of parole or probation You must tell us if you’re violating a condition of your probation or parole imposed under federal or state law. You can’t receive regular disability benefits or any underpayment that may be due for any month in which you violate a condition of your probation or parole.
