Tuesday, July 31, 2012
The Social Security Claimant as Convicted CriminalEveryone makes mistakes but if those mistakes result in a criminal record there are consequences. Those consequences
can be quite costly if you are disabled. Generally, Social Security Disability claimants cannot get benefits if they: a) Are in prison/jail/penal institution for more than 30 continuous days after being convicted
of a crime; b) Were injured while committing a felony (an offense punishable by death or imprisonment
for a term exceeding one year) and were convicted of the crime and the impairment suffered during the commission of the felony
cannot be used as a basis for applying for disability benefits; and c) Were injured while in
prison/ jail/penal institution and that the impairment suffered cannot be used to obtain benefits, but you can generally receive
benefits after being released from the particular facility. Note, if the claimant is violating parole in some way it
does not matter whether the crime was a felony since they will still be ineligible for benefits. Although, if you are
determined to be a fleeing felon then your “intent to flee” may be of some importance. If there was no intent
to flee and the convicted crime was not violent or drug-related then “good cause” may be found. Examples
of “good cause” are stringent but they may include mental capacity, old warrants (10 years), etc., as “mitigating
factors”. Pub. L. 108-203, §203.
4:24 pm edt
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