Disability Red Flag: Committing a Crime
The last disability red flag that will be discussed in this series is committing a crime. Social Security breaks crime into two categories:
1. Committing fraud in the disability process
2. Conviction of a crime and imprisonment
Committing Fraud
Social Security takes fraud very seriously and has a zero tolerance policy. Under Social Security’s rules, “fraud exists when a person fails to disclose a material fact for use in getting benefits and payments.” If you obtain disability benefits by dishonest means, Social Security will terminate your benefits. This includes:
- Making false statements and providing untrue information
- Hiding facts or evidence that impact eligibility for benefits
- Misusing benefits
Social Security creates a safety net for many Americans so there are strict eligibility criteria. These benefit programs exist for those who need them most and fraud takes benefits away from those people. If you do not yet meet the criteria for Social Security Disability Insurance then it might not be the right time to apply. Do Not Commit Fraud.
Conviction of a Crime and Incarceration
Social Security also has strict eligibility rules about crime based disabilities and incarceration. A criminal conviction can prevent you from receiving Social Security benefits if:
- You are injured while committing a crime – the injury cannot be used as the basis for Social Security Disability
- You are injured while incarcerated – the injury or the worsening of the injury from incarceration cannot be used as the basis for Social Security Disability
Incarceration prevents you from receiving Social Security benefits. If you have been convicted of a crime and are currently in prison, jail, or other public institution you cannot receive SSI or SSDI. You can be approved for disability benefits, but you will not receive any benefits while you are incarcerated. Additionally, you will not get back pay for the time you spent incarcerated.
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