Eligibility for Disability Benefits as a Felon

The Social Security Administration (SSA) evaluates disability claims based on your medical condition, work history, and ability to function. A felony conviction does not automatically disqualify you from receiving benefits. However, you must meet the following basic eligibility criteria:

Meet the SSA’s Definition of Disability

To qualify for disability benefits, you must have a condition that:

• Prevents you from performing substantial work for at least 12 months or is expected to result in death.
• Is included in the SSA’s Listing of Impairments or is of equal severity.

Your medical condition must be thoroughly documented, and the SSA will need to see medical evidence to support your claim.

SSDI Work History Requirements

For SSDI, you must have worked for a certain period and contributed to the Social Security system through payroll taxes. The number of work credits required depends on your age at the time you became disabled. Even if you have a felony conviction, you can still qualify for SSDI if you meet the work history and earnings requirements.

SSI Financial Eligibility

SSI benefits are for individuals with limited income and resources. If you are a felon and have very low income and assets, you may still be eligible for SSI. However, assets such as savings, property, or vehicles could affect your eligibility, so it’s important to review the SSI asset limits.

• Online Application: The easiest and fastest way to apply is through the SSA's official website at www.ssa.gov. Create an account, fill out the application form, and submit it electronically. Make sure all the information is accurate and complete.
• In Person: If you are unable to apply online, you can apply by calling the SSA at 1-800-772-1213 to schedule an appointment. You can also visit your local SSA office to apply in person.
• By Phone: If you cannot visit an office in person or access the internet, you can apply over the phone by calling the SSA's toll-free number.

Can a Felon Receive Disability Benefits While in Prison?

While a felon can qualify for SSDI or SSI benefits, you cannot receive Social Security benefits while incarcerated. If you are in jail or prison for more than 30 days, the SSA will suspend your benefits. Once released, you can apply to have your benefits reinstated.

If you are serving a sentence but are still eligible for disability due to a medical condition, your claim will be reviewed, but the benefits will be suspended until your release.

Can a Felon Apply for Disability After Release from Prison?

If you have been convicted of a felony and are released from prison, you can apply for disability benefits like anyone else. The SSA will evaluate your case based on your disability and eligibility requirements, regardless of your criminal history. If your medical condition prevents you from working or meeting other requirements, you can be approved for SSDI or SSI benefits after your release.

Additional Considerations for Felons Seeking Disability Benefits

While having a felony conviction does not disqualify you from receiving disability benefits, there are certain conditions and restrictions that may impact your case:

Parole Violations or Fleeing from Justice

If you are on parole or have violated parole conditions, or if you are fleeing from justice, you may not be eligible for disability benefits. The SSA typically does not approve disability claims for individuals who are in violation of parole or facing a legal arrest warrant.

Drug and Alcohol Use

If your disability is related to drug or alcohol abuse, the SSA will only approve your claim if your condition is severe and the abuse is not the primary cause of your disability. If your drug or alcohol use is deemed a contributing factor to your disability, the SSA may deny your claim.

Criminal Record and Moral Character

While a felony conviction doesn’t automatically disqualify you from disability, the moral character or criminal background of applicants may be scrutinized in certain cases, especially if it relates to the nature of your disability. However, a criminal conviction alone is not a factor that will bar eligibility.