Hochman & Plunkett CO., L.P.A.
Phone 937-684-4607
Toll free 877-623-6863

What happens to my SSDI benefits if I am convicted of a crime?

When an Ohio resident suffers a disability that prevents him or her from working, the Social Security Administration may be able to help. SSDI benefits are available to those who meet certain medical requirements, such as having a disability lasting 12 months or longer. Obtaining these benefits can be difficult, and once a person does receive them, they don't necessarily last forever. Changes in one's life circumstances can cause benefits to stop temporarily or even permanently. This is often true if a recipient commits a crime or violates a criminal order.

The SSA will not pay you benefits if you are violating parole or probation. In addition, if you have a warrant for your arrest, the SSA will not pay you benefits if the warrant is for flight-escape, escape from custody or fleeing from the authorities in order to avoid arrest. These are considered felony offenses.

If you committed a crime, are convicted and subsequently jailed for the crime, then you will not be able to receive SSDI benefits for every month you are confined in a jail or prison. This is true even if you were found incompetent to stand trial or found guilty due to insanity or some other mental illness. However, members of your family may be able to continue to receive benefits if they qualify to do so based on your work experience.

While some might think they can simply fail to inform the SSA of their criminal history and continue to receive benefits, the agency will find out eventually. The individual will not only be forced to repay their benefits but may face additional punishment as well. A Social Security Disability attorney can assist an Ohio resident with assessing their SSD benefits situation and deciding what steps to take next.

Source: Social Security Administration, "What you need to know when you get Social Security benefits," accessed July 4, 2015

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