SSDI Benefits After a Conviction in Ohio: Can a Criminal Conviction Prevent Me From Receiving Social Security Benefits?

Social Security benefits are an essential resource for Ohio residents injured in a workplace accident. Receiving Social Security Disability benefits, also called Social Security Disability Insurance (SSDI), can be vital for those unable to work, but the Social Security Administration has specific guidelines for receiving those benefits. 

Many people who have been convicted of a crime in the state of Ohio wonder if they can still get SSDI benefits. If you are concerned about Ohio Social Security Disability and your criminal record, here’s what you need to know.

Basic Eligibility Requirements

The Social Security Administration (SSA) considers an injured worker disabled for the purpose of receiving benefits if:

• The injured worker cannot do work that they did before
• The Social Security Administration decides that the injured worker cannot adjust to other work because of their disability
• The disability has lasted or is expected to last for at least one year or to result in death

However, even if they meet the above criteria, some injured workers question whether a criminal conviction can hurt their chances of receiving such benefits.

Impact of Criminal Convictions on Benefits

After a criminal conviction, you are still eligible for Social Security benefits, according to the Social Security Administration. Here are the facts:

• You can receive Social Security benefits regardless of your conviction
• You are not eligible for SSDI benefits if your disability arose while committing a felony or while incarcerated
• Benefits will be suspended during periods of incarceration

What Happens to Your Benefits While Incarcerated?

The Social Security Administration will not pay benefits during periods of incarceration, meaning you will need to restart your disability benefits after being released from Ohio prison. Specifically:

• Benefits are suspended if you are confined in a jail, prison, or other penal institution for more than 30 continuous days
• Benefits are not paid to someone who commits a crime and is confined to an institution by court order and at public expense
• This applies if the person has been found not guilty by reason of insanity or similar factors (such as mental disease, mental defect, or mental incompetence) or is incompetent to stand trial

You must inform Social Security right away if you are convicted of a crime. Regular disability benefits or any underpayments that may be due are not paid for the months a person is confined for a crime. However, any family members who are eligible for benefits based on that person’s work may continue to receive monthly benefits or any underpayments that may be due.

Family Benefits During Incarceration

Family members may be eligible for benefits even during your incarceration. However, family members will not receive benefits if you were not awarded them before incarceration. 

Family members will continue to receive benefits if they received them on your record prior to incarceration. Family members who are eligible to receive benefits on your record include:

• Your child who is under age 18, or severely disabled before age 22
• Your wife who is age 62 or older or is caring for your child who is under age 16 or severely disabled before age 22

Restarting Disability Benefits After Your Ohio Prision Release

When leaving incarceration, there are specific steps to restart your benefits:

1. Some Ohio prisons have prerelease program agreements with the Social Security Administration. If your prison participates, you can begin the process 90 days before release.
2. If not, contact the Social Security Administration after your release. If you are transferred to a halfway house, you are still considered incarcerated by the SSA. You become eligible for benefits again if placed on home monitoring with an ankle bracelet.
3. When you contact the SSA and are connected to a representative, inform them you were released from prison and they will provide you with further instructions. 
4. Bring your official prison release documents to your appointment with the SSA as proof of your release.
5. Please note that release from incarceration does not automatically restart benefits. However, the Social Security Administration may be able to restart benefits within the month after the month of release.

Special Circumstances for Benefit Reinstatement

If you are released from incarceration and the court reverses your conviction, the Social Security Administration can restart your disability benefits. However, the court must agree not to prosecute you again on the same charges. If you are retired on the same charges, the court must find you not guilty in order to have your benefits restarted. If you or a loved on has questions about SSDI, contact The Bainbridge Firm to discuss your claim.

Probation and Parole Requirements

Important considerations for those on probation or parole:

• You must inform Social Security if you violate any condition of your probation or parole
• Regular disability benefits or underpayments will not be paid for months in which you violate probation or parole conditions
• You must inform Social Security right away if you are convicted of a crime

Get Help With Ohio SSDI Benefits After Conviction

If you or a loved one has questions about Social Security Disability benefits after a conviction in Ohio, The Bainbridge Firm is here to help. Our experienced attorneys understand both federal Social Security regulations and Ohio-specific requirements. Contact us to discuss your case today.