Can my criminal history limit my ability to get SSDI?

Possibly—but this could be just temporary. You can’t get Social Security benefits for any month that you:[1686]

    Are confined in a correctional facility for a period of 30+ days in a row due to a conviction;[1687]
    Are confined to an institution by court order because you’ve been found “guilty” but insane, “not guilty” due to insanity or mental illness, or “incompetent to stand trial”;[1688]
    Have an open arrest warrant because you’re avoiding prosecution or confinement for a felony; or
    Are found to be violating a condition of probation or parole.[1689]

Here is an example of how this works: If you were convicted and confined on March 29, 2014 and stayed in jail until May 2, 2014, you weren’t entitled to benefits for the months of March, April, or May since you were being confined for 35 days in a row.[1690] This means you can’t collect back payments for any SSDI benefits you otherwise would have received if you never had a conviction, warrant, violation, and/or period of confinement as described above.[1691]

Also note that you CAN’T apply for any Social Security benefits based on a disability that is related to a felony offense. For example, if you fell while committing a felony and lost your ability to walk, that disability won’t qualify you for SSDI.[1692] But you can apply for SSDI for disabilities that are not related to the offense.

Once you qualify for SSDI, you stay enrolled as long as you still have a qualifying disability. Although your benefits get suspended (paused) during incarceration, they won’t get terminated (permanently ended) due to your incarceration.[1693] This means that if your spouse or children have been getting benefits as your dependents based on your SSDI eligibility, they’ll keep getting these benefits while you’re incarcerated, as long as they stay eligible.[1694]

If you’re currently incarcerated for 30 or more days, and you were already getting SSDI when you were arrested, then your SSDI was suspended on your 31st day of incarceration.[1695] But you can apply to restart your SSDI benefits once you have documents showing your release date (see PG. 485). If you weren’t on SSDI when you were arrested, and being incarcerated is the only factor disqualifying you now, you can start a new application for SSDI before your release (see PG. 483).[1696]

IMPORTANT EXCEPTIONSExceptions for People Incarcerated Before April 1, 2000—What happened to your SSDI during incarceration:

    If you were incarcerated between February 1, 1995 and March 31, 2000: You’re not entitled to SSDI benefits for any month in which you were incarcerated following conviction of a crime punishable by more than a one-year statutory sentence, regardless of the actual sentence imposed by the court. If you were incarcerated before February 1, 1995: Your SSDI benefits get suspended after your 31st day of incarceration only if you were convicted of a felony.If you were incarcerated before April 1, 2000: Your SSDI benefits didn’t get suspended if you were confined by court order because you were found to be “not guilty” due to insanity, “guilty” but insane, or “incompetent to stand trial.[1697]
  1. 1686

    What Prisoners Need to Know, Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-10133.pdf; ↑

  2. 1687

    42 U.S.C. § 402(x)(1)(A)(i), as amended by Pub. L. 106-170; see Benefits After Incarceration, Soc. Sec. Admin., http://www.ssa.gov/reentry/; Your Right to Representation to the Community (2009), Bazelon Center, http://www.bazelon.org/News-Publications/Publications/List/1/CategoryID/7/Level/a/ProductID/17.aspx?SortField=ProductNumber%2CProductNumber; Your Right to Representation (2011), Prison Law Office http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf “Correctional facility” would include a prison, a jail, or a halfway house controlled by your state’s Department of Corrections. Benefits After Incarceration, Soc. Sec. Admin., http://www.ssa.gov/reentry/. ↑

  3. 1688

    42 U.S.C. § 402(x)(1)(A)(ii), as amended by Pub. L. 106-170; see Benefits After Incarceration, Soc. Sec. Admin., http://www.ssa.gov/reentry/; Your Right to Representation to the Community (2009), Bazelon Center, http://www.bazelon.org/News-Publications/Publications/List/1/CategoryID/7/Level/a/ProductID/17.aspx?SortField=ProductNumber%2CProductNumber ↑

  4. 1689

    42 U.S.C. § 1382; Your Right to Representation (2011), Prison Law Office http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf ↑

  5. 1690

    Benefits After Incarceration: What You Need to Know Soc. Sec. Admin., http://www.ssa.gov/reentry/ ↑

  6. 1691

    42 U.S.C. § 1382; Your Right to Representation (2011), Prison Law Office http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf. ↑

  7. 1692

    42 U.S.C. § 423(d)(6)(A). ↑

  8. 1693

    Your Right to Representation to the Community (2009), Bazelon Center, http://www.bazelon.org/News-Publications/Publications/List/1/CategoryID/7/Level/a/ProductID/17.aspx?SortField=ProductNumber%2CProductNumber ↑

  9. 1694

    20 C.F.R. § 404.468(a); Benefits After Incarceration: What You Need to Know, Soc. Sec. Admin., http://www.ssa.gov/reentry/; Your Right to Representation to the Community (2009), Bazelon Center, http://www.bazelon.org/News-Publications/Publications/List/1/CategoryID/7/Level/a/ProductID/17.aspx?Sort
    Field=ProductNumber%2CProductNumber     ↑

  10. 1695

    Arrested? What Happens to Your Benefits?, Bazelon Center, http://www.kitsaPGov.com/pubdef/Forms/LinkClick.Benefits.pdf ↑

  11. 1696

    Benefits After Incarceration: What You Need to Know Soc. Sec. Admin., http://www.ssa.gov/reentry/; What Prisoners Need to Know, Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-10133.pdf; ↑

  12. 1697

    42 U.S.C. § 402(x)(1)(A)(i); Finding the Key to Successful Transition from Jail or Prison to the Community, Bazelon Center (2009), http://www.bazelon.org/News-Publications/Publications/List/1/CategoryID/7/Level/a/ProductID/17.
    aspx?SortField=ProductNumber%2CProductNumber     ↑