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Can I Get Disability if I'm Incarcerated?

Are you receiving Social Security Disability benefits, but you’ve recently been arrested and charged with a criminal offense in Dallas or Collin counties? If so, you may be wondering, “Can I continue receiving disability if I’m behind bars?” After all, just because you’re behind bars, it doesn’t mean you don’t have bills to pay.

If you’re like most people, you have one or two auto loans. You have a mortgage or rent, utilities, and a cellphone bill to pay. You may even pay child or spousal support on top of your monthly expenses. If you’re convicted of a crime, the Social Security Administration (SSA) urges you to contact them and notify them right away.

As a general rule, a worker’s regular disability benefits are not paid while they are in jail or prison for a crime; however, if the worker has any family members who are eligible for benefits based on the disabled worker’s work history, they may continue receiving benefits.

Which family members can get benefits based on my work record?

  • Your spouse if they are 62 or older.
  • Your spouse (regardless of age), if they are caring for a disabled child of yours who is under the age of 16.
  • Your unmarried child who is under 18, or under 19 if they are still enrolled in high school.
  • Your unmarried child who is 18 or older, if they became disabled before the age of 22. Your adult child must meet the SSA’s definition of a disability for adults.

Violating a Condition of Probation or Parole

If you violate a condition of your parole or probation, you must tell the Social Security Administration about it. If you are out on probation or parole and you violate any term or condition imposed by state or federal law, you cannot receive your disability benefits for the month that you violated a condition of your probation or parole.

Need legal assistance with a disability application or issue? If so, contact our firm to meet with a Dallas SSD lawyer.