If a person in Ohio is receiving or seeking Social Security disability benefits, there are certain rules that must be followed. While many are familiar with factors like earnings requirements, going to treatment and trying to work again, one issue that might not be as well-known is if the applicant has had issues with the law and has been arrested or convicted of a crime. This can affect receiving and retaining SSD benefits. Those who are facing this issue need to understand how the Social Security Administration addresses it.
Some people might think that if they simply don't tell the SSA about their problems with an arrest or a warrant, that the SSA will never know. This will cause more trouble than it will solve. If a person who is seeking or receiving benefits has an outstanding warrant, the SSA must be informed if it is for the following offenses: flight in avoiding prosecution or confinement; having escaped from custody; and flight-escape. The recipient of benefits cannot receive their payments or underpayments, if any were due, for a month in which they are subject to this type of outstanding warrant.
When a person has been convicted of a crime, the SSA must be informed immediately. The SSA will not make SSD benefits payments while the person is incarcerated or in any way confined for the crime, but if family members are eligible to receive payments, they might be able to continue receiving them. If a person is confined to an institution through a court order at public expense, he or she is usually not able to receive monthly benefits. This affects those who were found not guilty due to insanity or were incompetent to stand trial.
Violating parole or probation can also affect SSD benefits. The SSA must be told if this has occurred and payments will not be made for the month in which the person violated their parole or probation. The vast majority of people need not worry about these issues, but for those that do it is important to understand how federal regulations linked to problems with the law can affect the ability to receive payments through SSD. A lawyer experienced in Social Security disability can help.
Source: SSA.gov, "Disability Benefits, pages 13-14," accessed on Jan. 4, 2016
No Comments