According to the Social Security Administration (SSA), over 8.4 million disabled workers received SSDI benefits in 2024. And according to the Bureau of Justice Statistics, roughly 6.1 million U.S. adults have a felony conviction. That’s a huge overlap—millions of people with felony records may be eligible for disability benefits, and many don’t even realize it.
SSDI vs SSI
To know if a felon qualifies, we first need to understand what types of disability benefits exist.
1. SSDI (Social Security Disability Insurance)
- Based on your work history and the Social Security taxes you’ve paid.
- You must have worked a certain number of years and paid into the system.
- Your benefit is calculated based on your average lifetime earnings.
2. SSI (Supplemental Security Income)
- Designed for people with limited income and resources.
- You don’t need work credits to qualify
- Funded by general tax revenues (not Social Security taxes).
Both programs use the same definition of disability:
You must be unable to perform “substantial gainful activity” due to a medical condition that is expected to last at least one year or result in death.
Can a Felon Receive Social Security Disability?
Yes, a felon can receive SSDI or SSI—unless one of these three specific situations applies:
1. You’re Currently Incarcerated
If you’re serving time in jail or prison for a felony conviction:
- SSDI is suspended after 30 days of incarceration.
- SSI is suspended for the entire duration of incarceration.
Benefits will not restart automatically upon release—you must reapply or request reinstatement.
James was convicted of robbery and sentenced to 2 years in prison. He was receiving SSI before his sentence. Once incarcerated, his SSI payments stopped. After his release, he reapplied and had his benefits reinstated.
2. You Were Convicted of a Crime Involving National Security or Treason
According to 42 U.S.C. § 402(x)(1) and SSA guidelines:
- If you were convicted of treason, sabotage, espionage, or similar crimes, you are permanently barred from receiving SSDI or SSI.
- These cases are extremely rare but do apply.
3. Your Disability Arose During the Commission of a Felony
If your disability happened while committing a felony, you are ineligible to claim disability for that condition.
Marcus got into a serious car accident during a felony car chase and suffered spinal injuries. Since the injury occurred while committing a felony, that injury does not qualify him for SSDI.
What Happens After Release?
Once you’re released from prison, you can:
- Reapply for benefits
- Request reinstatement of previous benefits
- Begin receiving payments again, if eligible
Required Documents:
- Proof of release date (e.g., discharge papers)
- Medical records
- Any prison medical evaluations (helpful, not mandatory)
Apply in Advance (Yes, Really!)
You can apply up to 90 days before your release date, so the process gets rolling early. Contact a prison reentry coordinator or SSA representative while still in custody.
Do Fleeing Felons Lose Their Right to Social Security Benefits?
Yes. If you’re classified as a fleeing felon, SSA will suspend your benefits.
According to 20 CFR § 416.1339, this includes individuals:
- With an outstanding arrest warrant for fleeing to avoid prosecution, custody, or confinement
- Who are violating parole or probation
- Identified as fleeing from justice
SSA uses federal databases to flag these cases. Your benefits can be reinstated once the warrant is cleared or the issue is resolved with the courts.
Do Parole and Probation Violators Lose Their Rights to Social Security Benefits?
Yes, individuals who violate their probation or parole terms may lose access to their Social Security benefits temporarily or, in some cases, permanently—depending on the severity of the violation. If you’re out on parole or probation and maintaining compliance with all the conditions imposed by the court, your SSDI or SSI benefits will continue as usual.
However, if you’re found to be in violation—say, by failing a drug test, missing a meeting, or committing another crime—SSA may suspend your benefits once that violation is reported. This is especially true if you are re-incarcerated.
To avoid such complications, it’s vital to stay in regular contact with both your parole officer and the SSA, and make sure they have updated information on your status. If benefits are suspended due to a violation, they can typically be reinstated once you’re back in compliance, though you may need to go through an appeals or reapplication process.
Does the Type of Felony Matter?
Mostly, no—but here’s when it might:
| Felony Type | Effect on SSDI/SSI |
| Nonviolent crimes | Usually no impact |
| Drug offenses | May affect your eligibility for Medicaid, not SSDI/SSI directly |
| Fraud or identity theft | Could complicate the application process |
| Treason/espionage | Permanent disqualification |
| Felony during injury | Disability benefit denied for that condition |
How to Apply for Social Security Disability as a Felon?
Here’s what you need to do step-by-step:
- Gather Your Records
- Birth certificate
- Social Security card
- Medical records
- Work history
- Prison records (if applicable)
- Apply Online or In-Person
- Online: www.ssa.gov/applyfordisability
- In-person at your local SSA office
- Attend Consultative Exams
- If SSA needs more information, they’ll send you to a free medical exam.
- Wait for Decision
- Usually takes 3–6 months.
- If denied, you can appeal.
Common Mistakes That Delay Benefits
- Failing to report release date
- Not updating contact information with SSA
- Not reapplying after prison
- Missing SSA appointments
- Trying to apply for a condition caused during a crime
Learn More: Unemployment Grants for CDL Training
Can You Get Disability If You Go to a Halfway House After Jail?
Yes, you can receive disability benefits while living in a halfway house—as long as the facility:
- Is not a penal institution, and
- You’re free to leave for work or appointments
SSA treats halfway houses differently than prisons. If the halfway house is part of a work-release or reentry program and doesn’t limit your movement entirely, you’re usually eligible for SSDI or SSI.
Just make sure to update your address and phone number with SSA once you’re there.
Final Thoughts
Having a felony conviction doesn’t automatically mean you’re out of luck when it comes to Social Security Disability. The SSA looks at your medical condition, your work history, and your current incarceration status. If you’re not in prison, have a qualifying disability, and meet other eligibility criteria—you can receive benefits.
You can get Social Security Disability with a felony record—just follow the rules, stay organized, and apply with the right documents.
FAQs
Can felons receive back pay for disability?
Yes, if you’re approved, SSA may issue retroactive payments back to the date your disability began—even before you applied.
Can I get benefits while on probation or parole?
Yes. You can receive SSDI or SSI while on probation or parole, as long as you meet all other requirements.
What about veterans with felonies?
Veterans may still qualify for VA disability and SSDI, depending on their discharge status and medical condition.
Will the SSA check my criminal record?
SSA does not deny you based on your criminal record alone—but they will verify incarceration dates and related legal information.
