Legal Question in Social Security Law in District of Columbia
Benefits to Incarcerated Persons
Convicted felons do not get their Social Security checks, but what if you are incarcerated for a period of time. Do you get your benefits until you plead or are found guilty? There is a SSR that tells of a woman who was incarcerated and on SSDI. She got her benefits until the day she was found guilty. What can a person do to get back benefits until they plead guilty?
2 Answers from Attorneys
Re: Benefits to Incarcerated Persons
Generally a person can get benefits until they are actually incarcerated. So just pleading guilty should not stop the benefits.
Re: Benefits to Incarcerated Persons
Hello:
You are right that no benefits to Convicted felons. Misdemeanants and those not yet convicted are entitled to benefits. The person need only go thorugh the application process for the disability or SSI. If there is a denial, then ask for reconsideration. If recon is denied, demand a hearing. That is the process.
Regards,
Mark Geyer