It is not uncommon for some people who file for Social Security disability to have legal troubles in the past. Social Security disability is not for people who only suffer from physical impairments, but also mental health impairments. These impairments can consist of personality disorders, mood disorders and intellectual limitations, which sometimes contribute to trouble with the law. If you apply for Social Security disability you must inform Social Security of these facts. Below is an explanation from Social Security regarding what information must be disclosed.
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.
