At The Forefront Of Disability And Elder Law

How a criminal record impacts eligibility for SSDI benefits

On Behalf of | Aug 28, 2024 | Social Security Disability |

Social Security Disability Insurance (SSDI) offers financial support to individuals who cannot work due to a disability. Understanding how your criminal history affects your eligibility is important for anyone applying for SSDI.

SSDI eligibility basics

To qualify for SSDI, you must have a disability that prevents you from working and have paid into Social Security through taxes. Typically, you must have worked for at least five of the last 10 years before becoming disabled. Your disability must be severe enough to stop you from doing any substantial gainful activity. The Social Security Administration (SSA) considers your medical condition, age, education, and work experience in determining eligibility.

Criminal record’s affect on eligibility

A criminal record can complicate your eligibility for benefits. If you commit a crime while receiving SSDI benefits and remain incarcerated for more than 30 days, the SSA typically suspends your benefits. 

Reinstating benefits after release can be difficult. You will be required to reapply with updated medical records and proof of ongoing disability. The SSA may closely examine your application post-incarceration and may even deny your benefits.

Washington’s eligibility factors

In Washington, specific programs and laws can influence SSDI eligibility for those with a criminal record. For instance, a conviction under the “Drug Offender Sentencing Alternative” (DOSA) program may subject you to additional scrutiny when applying for benefits. Although DOSA offers reduced sentences for eligible drug offenders, a conviction under this program could still trigger a more rigorous review of your SSDI application.

Understanding the impact

Securing SSDI benefits with a criminal record requires careful planning and attention to detail. By fully understanding the specific factors at play, you can better position yourself for a successful outcome.

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