Comments on: Felony Record and Disability

Question: Felony Record and Disability

Anonymous — Sat, 08 Mar 2008 18:13:13 -0800

Does a felony conviction affect eligibility for Social Security disability?

Or should one spend 10K to an attorney to have the record expunged when otherwise, a criminal record isn't important to other areas of life?

By: mr_crash_davis

mr_crash_davis — Sat, 08 Mar 2008 18:19:54 -0800

I think you may be vastly overestimating the cost of expungement.

By: goatdog

goatdog — Sat, 08 Mar 2008 18:21:27 -0800

The SSA's site says "Benefits generally are not paid for the months a person is confined for a crime", which implies that once you're out, you can have benefits.

By: goatdog

goatdog — Sat, 08 Mar 2008 18:26:51 -0800

But that might not be a correct assumption. Other sites say you can't get benefits if you've been convicted. You could probably go to a Social Security Office and ask one of the civil servants.

By: thivaia

thivaia — Sat, 08 Mar 2008 18:40:29 -0800

I think you may be vastly overestimating the cost of expungement.

Agreed.

By: ClaudiaCenter

ClaudiaCenter — Sat, 08 Mar 2008 19:44:25 -0800

Does a felony conviction affect eligibility for Social Security disability?

No. In fact, there's a whole procedure (that is never actually followed by SSA, but) to allow inmates to apply for SSI a few months before parole, so that their eligibility is determined on day one of parole.

By: pasici

pasici — Sat, 08 Mar 2008 20:26:26 -0800

Somewhat simplifying, there are four ways a felony conviction can have an impact on Social Security disability benefits:

You cannot get disability benefits while incarcerated for a felony;

You cannot get disability benefits while fleeing felony prosecution or a felony warrant or violating probation or parole;

You cannot get disability benefits if your disability arose or was aggravated while you were committing a felony;

You cannot get survivor's benefits if you made yourself a widow(er) or orphan by killing your spouse or parent(s).

(I am a lawyer and I am a board certified disability specialist, but I am not your lawyer. )

By: MLIS

MLIS — Sat, 08 Mar 2008 22:28:31 -0800

Or should one spend 10K to an attorney to have the record expunged when otherwise, a criminal record isn't important to other areas of life?

Just want to give you some links w/r/t this so you can look into how the felony conviction impacts you.

After Prison: Roadblocks to Reentry
A report on state legal barriers facing people with criminal records

Relief From The Collateral Consequences Of A Criminal Conviction: A State-By-State Resource Guide

National H.I.R.E. Network Resources, Information & Assistance

$10,000 does not sound unreasonable.

I worked for a law firm where a partner represented someone pro bono and the hours involved were between 75-80. It involved court appearances by an associate, a great deal of research and suing a state agency to force the production of documents denied under a Freedom of Information Act request.

By: TomMelee

TomMelee — Sun, 09 Mar 2008 10:30:22 -0800

Haha. I am a felon. For real. If I thought for one tiny, teeny, itsy, wee second that I could find some way to make $10,000 help me expunge (or even seal) my record, I would find a way to do it 10 times.

I am sure that you feel that the case in particular would be able to be expunged because of the type of crime or the time when it was committed, but I'd like to know how exactly you plan to go about it anyway. I was barely 18, a first time offender, and an eagle scout when I got busted. All I've done since then is make my community a better place, and there's no chance in HELL our prosecutor would quietly stand by and let my record get sealed.

By: wordswinker

wordswinker — Sun, 09 Mar 2008 23:40:39 -0800

The felony involved forging prescriptions to have adequate pain management for my fibromyalgia, emphysema, bipolar disorder, etc. Pain management is a racket.

First time offender, I'm told to expect probation, a 51 year old writer, mother, struggling to make it without real pain medicine, unable to work, it's pretty hideous