What if you cannot get a job because a criminal record? If no one will hire you, does that affect how Social Security will view your disability case?
I have a felony record from a stupid thing I did years ago. I did my time and I have not gotten in trouble since. When I was younger I did jobs that did not require a background check. Now, I’m older and I can’t do construction work any more. But I can’t get lighter work because I can’t get hired because of my record.
This is truly a “between a rock and a hard place” situation. There is no doubt that a criminal record affects an individual’s ability to get hired for jobs. Many jobs are completely foreclosed. Other jobs are at the discretion of a hiring supervisor – who may not want to hire someone with a criminal record. Continue reading Criminal records, hire-ability, and Social Security disability
Even though you cannot receive Social Security benefits during incarceration, can you get disability if you are out of jail or prison and residing in a half-way house?
Under the Social Security regulations, the answer is “no.”
“I was transferred from prison to a halfway house that is under the control of my state’s Department of Corrections. Can I have my benefits started again since I am no longer in prison?”
No. Social Security will not pay benefits while you reside in any facility under the authority of your state’s Department of Corrections. Even though you are no longer in prison, you are still under the control and custody of your state’s Department of Corrections until you complete your court-ordered sentence and you are officially released, or until the Department of Corrections places you on parole.
Click here for more information.
Will your Social Security benefits (Social Security disability insurance – SSDI, or Supplemental Security Income – SSI) stop if you have to wear an ankle bracelet or other type of home monitor?
The answer is no. Social Security does not consider in home detention as “incarceration” which would normally stop payment of Social Security benefits to the disabled individual.
So, having a home ankle monitor will not stop your Social Security benefits.
As a general rule, you are not entitled to Social Security disability benefits if you are incarcerated in jail or prison. However, Social Security benefits do not end immediately with incarceration:
If you are on SSI (Title 16 – Supplemental Security Income benefits), your Social Security disability benefits do not stop until you are incarcerated for 30 days: Continue reading When do Social Security benefits stop after incarceration
Social Security may be able to restart your benefits after you are released from incarceration (jail or prison). Click here for more information on whether you may be able to resume benefits vs having to start a new claim for benefits.
If you are eligible to resume your benefits, here are Social Security’s recommendations to get your Social Security disability or SSI benefits as quickly as possible: Continue reading Restarting Social Security disability after incarceration
After you are released from jail or prison, will Social Security let you restart your benefits or will you have to start a new application?
The answer depends on the kind of benefits you received (Social Security Disability Insurance – SSDI, or Supplemental Security Income – SSI) and how long you were incarcerated in jail or prison.
Restarting SSI after incarceration: Continue reading Starting Social Security disability benefits after incarceration
If your husband or wife is disabled and getting Social Security disability benefits, you may also be getting auxiliary benefits (click the link for more information about who qualifies). I previously coved how Social Security benefits stop if a disabled person is goes to jail / prison.
So, what happens to the children’s or spouse’s benefits if the disabled individual is incarcerated?
Do the wife or husband’s Social Security disability auxiliary benefits stop?
Do the children’s Social Security disability auxiliary benefits stop?
Continue reading Social Security benefits for spouse and child during incarceration
Even though it often takes a year or even two years to get your Social Security hearing, you may find that you are not ready when the big day finally comes.
Is there any way to continue, postpone, or delay my Social Security hearing?
Yes. You can request a continuance to postpone your hearing.
Lets look at how to do this:
Continue reading How to postpone a Social Security hearing?
We have previously discussed that an individual is not eligible to receive Social Security disability benefits while incarcerated. This issue frequently comes up when an individual already on Social Security is incarcerated.
However, it is important to remember that the prohibition on receiving Social Security benefits may also impact your application for Social Security benefits, if you were in jail or prison during the time you are alleging entitlement to Social Security disability benefits.
For example: Continue reading Applying for Social Security after jail or prison? Here’s the info you need!
The second part of Gordon Gates’ article on whether you can receive Social Security disability benefits while incarcerated, talks about hearings in prison.
The problem – incarcerated claimants often do not get treatment from physicians who are very interested in filling out forms or helping the prisonor/claimant. Further, judges tend to be somewhat skeptical about the credibility of an imprisoned claimant.
I have done hearings in prisons and I agree with his concerns. It is much harder to prove a case for someone who is incarcerated. Continue reading Social Security hearings in jail or prison