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Can you qualify for SSI or Disability if you have felony charges in your past in Virginia.

Bankruptcy and Debt 3 views 3 answers
This person is in the hospital and very ill could they get medicaid as well.

Attorney Answers

3
Clifford Farrell ·
My colleague is correct. And, if this person was transferred to a hospital from a prison - that is he is serving a prison sentence for a felony conviction, they are not eligible for benefits themselves - although dependent children may be eligible for those months even while the person is in jail. Since SSA looks at the date a application is filed to decide what months a person gets benefits, do not delay - contact SSA TODAY to get a claim filed.. You may want to talk to an attorney in your area so you can review the specific facts with counsel. You may contact your local city, county or state bar association to see if they have a lawyer referral program, or you may contact the National Organization of Social Security Claimants' Representatives (NOSSCR) for the name and email address or telephone number of attorneys in your area. Most attorneys who do any amount of Social Security work are members of NOSSCR and provide a free initial consultation. In any event, no attorney may charge a fee for work on a social security claim until it has been approved by Social Security. The fee limit is a maximum of 25% of past due or back due benefits you are owed, and many lawyers charge less than the full 25%, and the money is not paid until your claim has been approved. The telephone number for the lawyer referral service of NOSSCR is 1-800-431-2804. NOSSCR's website is www.nosscr.org. In addition, you can find a Board certified specialist in Social Security by contacting the National Board of Trial Advocacy. They evaluate lawyers (independently) in many types of claims and require extensive experience and testing before a lawyer is certified. They have a section specifically for Social Security: The National Board of Social Security Disability Advocacy, Divisions of the National Board of Legal Specialty Certification. Their link is: http://www.nblsc.us/ You may also contact NADR (National Association of Disability Representatives) www.nadr.org – automated Telephone Referral System at 1-800-747-6131 I hope this information helps. Good luck to you! ------------------------------------------ Please remember to designate a best answer to your question.
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Nick Ortiz ·
The mere fact that you have felony charges in your past does not necessarily keep you from receiving disability benefits. However, there are two key exceptions: 1. You are not eligible for disability benefits if you still have an outstanding warrant for a felony. 2. You are not eligible for regular Title II Disability Insurance Benefits if your disability is the result of injuries suffered during the commission of a felony. This is called the "Felony Impairment Rule". For example, let's say you were injured in a car crash after you were drunk driving. You are charged with and convicted of a felony DUI. Your serious injuries include multiple herniated disks in your back. If you allege disability due to the back problem, then you may be denied DIB benefits because your disabling condition arose during the commission of the felony DUI. You may still be eligible for SSI benefits, however. Given these considerations, you should probably seek the advice of an attorney.
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Gerald Gregory LutkenhausWorkers' Compensation LawyerRichmond, VA ·
I practice in Virginia and one of my specialities is Social Security law. As the others have said, a felony should not be a hinderance to getting SSI or Social Security unless the claimant is a fleeing felon.
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