Legal Question in Social Security Law in Georgia

my mother has been denied benefits from ssi because of a midemeanor warrent.i know she cant get bebefits if it is a felony warrent but what is the law on misdemeanor warrents


Asked on 4/21/11, 9:09 am

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

The general rule of thumb is that an individual is not eligible to receive Social Security disability benefits (SSDI or SSI) during incarceration. It does not matter if the conviction is for a misdemeanor or a felony.

Effective August 1996, an individual is ineligible for SSI payments for any month during which he/she is fleeing to avoid prosecution for a crime which is a felony (and some misdemeanors) under the laws of the place from which the person flees;

fleeing to avoid custody or confinement after conviction for a crime which is a felony (or in New Jersey, a high misdemeanor) under the laws of the place from which the person flees; or

violating a condition of probation or parole imposed under Federal or State law.

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Answered on 4/21/11, 8:12 pm


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