Can my criminal history limit my ability to get SSI?
Possibly—but IT could be just temporary. You can’t get SSI for any month that you:[1739]
- Are confined in a correctional facility for that full calendar month;
- Have an outstanding arrest warrant because you’re avoiding prosecution or confinement for a felony; or
- Are found to be violating a condition of probation or parole.[1740]
- Here is an example of how this works: If you went to jail on October 30, 2014 until November 2, 2014, you weren’t entitled to SSI benefits for the months of October or November.[1741] This means you can’t collect “back payments” for SSI benefits that you would have received if you never had a violation, warrant, and/or period of confinement as described in the three situations above.[1742] Additionally, your benefits will be paused for up to one year. After that, they will be ended and you will need to re-apply (see PG. 489 below).
- You also can’t apply for any Social Security benefits based on a disability that is related to a felony you committed. For example, if you fell while committing a felony and lost your ability to walk as a result, that disability won’t qualify you for SSI.[1743] But you could still apply for SSI based on a disability that has no connection to your felony.
- 1739
What Prisoners Need to Know, Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-10133.pdf ↑
- 1740
42 U.S.C. § 1382; Benefits Available to Paroling & Discharging Inmates, Prison Law Office (2011), http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf; see also What You Need to Know When You Get Supplemental Security Income (SSI), Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-11011.pdf ↑
- 1741
Benefits After Incarceration: What You Need to Know, Soc. Sec. Admin., http://www.ssa.gov/reentry/ ↑
- 1742
42 U.S.C. § 1382; Benefits Available to Paroling & Discharging Inmates, Prison Law Office (2011), http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf. ↑
- 1743
42 U.S.C. § 423(d)(6)(A). ↑