Can You Lose Disability Benefits If You're Convicted of a Felony?

A felony conviction alone won't usually keep you from being approved for disability benefits through the Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) programs. Many people with felonies on their records can get Social Security disability benefits, and a conviction won't affect your ability to receive dependents benefits either.

But if you get sent to jail or prison, your benefits can be suspended during the time you're incarcerated. Because felons often face financial challenges reacclimating after release, it’s important to know when you can qualify for disability benefits and what you have to do to get your payments started up after leaving prison.

Can Felons Get Social Security Benefits?

The general rule is that a felony conviction has no impact on eligibility for Social Security benefits. (SSR 83-21). However, there are a few exceptions to this rule. You won’t be able to get SSDI benefits if any of the following apply:

• Your disability arose (or was made worse) while you were committing a felony.
• Your disability arose (or was made worse) while you were imprisoned in a jail, prison, or correctional facility for a felony conviction.
• You made yourself a widow or an orphan by killing your spouse or parent (this applies to Social Security survivors benefits).

But even if one of the above situations applies to you, it's worthwhile to apply for SSDI benefits. Even though you won't get cash benefits, you might be granted a period of disability that will "freeze" your earnings record for Social Security, which can prevent your eventual retirement or dependents benefits from decreasing because of the time you're not working.

Can You Get Disability Payments If You’re Currently Incarcerated for a Felony?

While you may be eligible for disability despite a felony conviction, Social Security won't pay you benefits during the period when you’re confined in a jail, prison, or other penal institution. (The same goes for people who are incarcerated for a misdemeanor.) Because your food, shelter, and medical needs are considered to be met during imprisonment, you aren't eligible for benefits while you're incarcerated unless you participate in an approved vocational rehabilitation program such as Ticket to Work.

When Will Felons Have Their Disability Benefits Stopped?

Felons who have been receiving SSDI benefits will have their payments suspended after 30 days of incarceration (unless you participate in a rehabilitation program). The SSDI benefits will be reinstated the month following your release.

Felons who have been receiving SSI benefits will have their payments suspended after they have been incarcerated for one full calendar month (again unless you participate in a rehabilitation program). SSI benefits may be reinstated without a new disability application only if you’re released from custody before the benefits have been suspended for 12 months. You must report to Social Security when you enter or leave an institution.

Do Fleeing Felons Lose Their Right to Social Security Benefits?

Social Security won't pay benefits to certain people who flee to avoid arrest or prosecution or escape to avoid jail or prison. Specifically, "fugitive felons" aren't entitled to benefits when they have outstanding warrants for any of the three following offenses:

• escape from custody (NCIC offense code 4901)
• fleeing to avoid prosecution or confinement (NCIC offense code 4902), and
• flight-escape (NCIC offense code 4999).

These rules are known as the "fleeing felon" rules. (42 U.S.C. § 1382(e)(4)(A)(i) (2026), Martinez v. Astrue, No. 4:08-cv-04735 (N.D. Cal.), settlement approved September 24, 2009).) Other than for the three offenses listed above, Social Security can't stop paying benefits to someone because they have an outstanding warrant for a felony.

Can I Get Disability If I Violate Parole or Probation?

Parole violators aren't entitled to benefits during any month that they are violating the terms of their parole or probation. But Social Security can't stop paying benefits to someone solely because they have a warrant for a parole or probation violation. Instead, the agency must look into whether the person actually violated parole or probation. (Clark v. Astrue, 602 F.3d 140 (2nd Cir. 2010).)

Do Certain Crimes Decrease Your Social Security Benefits?

Convictions for certain federal offenses involving subversive activities, such as treason, sabotage, and similar crimes, can limit your eligibility for SSDI benefits. (42 U.S.C. § 402(u) (2026).) In these cases, courts are authorized to issue orders providing that some of the income you earned won't be used to calculate your Social Security benefit. Specifically, wages paid to you during or before the quarter in which the conviction occurred, or net earnings from self-employment during or before the taxable year in which the conviction occurred, can be excluded from the determination of your disability benefit amount.

Can Felons Apply for Disability Benefits From Prison?

A convicted felon can apply for benefits while still imprisoned if the jail or prison has a pre-release application procedure. (The facility may also have an agreement with the Social Security Administration providing for pre-release applications, but an agreement isn't strictly necessary to use the pre-release procedure.) Without a pre-release procedure, a convicted felon can apply for benefits immediately upon release from prison or jail.

If There Is a Pre-Release Agreement

You can use Social Security’s “pre-release procedure” to apply for disability benefits several months before you expect to be released (depending on whether you’re incarcerated in a state or federal penitentiary), which will help you get benefits faster once you leave the facility.

To start the application process, you first need to let a staff member at your facility know you want to apply. The institution will then contact the Social Security Administration (SSA) for you and advise the agency about whether your condition is likely to meet its requirements for approval. The SSA will work with the facility to gather your medical information for you. Your friends or relatives can also help you by letting the SSA know when your release is planned.

If There Isn’t a Pre-Release Agreement

If there isn’t a pre-release agreement between your facility and the SSA, you'll need to call the SSA to apply. If you call them shortly before your release, the agency will help you set up an appointment with your local SSA field office once you leave the facility. You can speak to a representative by calling the national hotline number at 800-772-1213 (800-325-0778 if you’re deaf or hard-of-hearing) between 8 a.m. and 7 p.m., Monday through Friday.

Can You Get Disability If You Go to a Halfway House After Jail?

You won’t be able to receive disability benefits while you're in a halfway house (or "residential reentry center") if that halfway house is controlled by your state's Department of Corrections. Similarly, if you were transferred from jail to a civil mental health facility under a civil commitment in connection with a crime, you can't receive benefits until you've been released from the facility.

Finally, you can't receive benefits if you're enrolled in a work release or educational program as a result of your conviction, even though you may occasionally be outside a correctional facility. On the other hand, you can receive your disability benefits if you are placed on parole or probation or while you're on home monitoring.

How Long Does It Take Felons to Get Benefits Reinstated After Being Released?

The length of time it takes to get your benefits depends on your particular situation, but it can take as little as 30 days. Using the pre-release procedure will help you get them as quickly as possible. If you're denied disability benefits after applying for SSI using the prerelease procedure, you will need to appeal the disability decision like anyone else.

If your benefits are simply being "restarted," it will take less time. If your benefits were stopped for less than 12 months, they can be reinstated without a new disability application. But if you were incarcerated for more than a year, getting a new decision from SSI could take several months.