How does an arrest or criminal allegations affect SSD benefits?

Some Ohio residents who are seeking or already receiving Social Security Disability benefits might have the misfortune of having a problem with the law. That can include being arrested, jailed or accused of criminal activities. There might be an automatic belief that SSD benefits will be stopped if a person is accused, convicted or jailed for a crime. This is not necessarily the case. Understanding how these issues are handled by the Social Security Administration is vital for everyone, because legal issues can crop up unexpectedly and for a variety of reasons.

A person who has an outstanding warrant for his or her arrest on certain felony charges must inform the SSA. The following felony allegations have this requirement: a flight to avoid prosecution or confinement; escaping from custody; and flight-escape. While there are outstanding charges, the person cannot receive SSD benefits or underpayments that might be owed in the month that it is in effect.

A person who is convicted of a crime must let the SSA know immediately. While the person is confined for the crime, there cannot be SSD benefits paid or underpayments paid. If, however, a family member is eligible for benefits based on the confined person’s work record, the benefits can continue for that family member. In general, the benefits due are not paid to a person who committed a crime and is confined via court order at public expense. This will be applicable in the following situations: if the person is not guilty by reason of insanity or other similar issues or is incompetent to stand trial. A person who has violated a condition of parole or probation must tell the SSA. SSD benefits nor underpayments can be made during the month that the violation is occurring.

When a person is dealing with criminal charges, incarceration or other legal matters, it can affect their SSD benefits. However, every situation is different and it is imperative to have legal help not just in the criminal case, but also when it comes to Social Security Disability. Contacting an attorney experienced in helping those who have received disability benefits but are in danger of losing them because of criminal allegations is essential.

Source: ssa.gov, “What You Need to Know When You Get Social Security Disability Benefits, page 14,” accessed on Oct. 23, 2017