Understanding Social Security Disability Benefits for Released Felons in Oregon
Life after a felony conviction can come with significant challenges, especially when it comes to rejoining society. For those in Oregon, who have been recently released from prison and are dealing with a disability, it’s important to understand whether they can receive Social Security Disability Insurance (SSDI) benefits.
Many people wonder if their criminal record will prevent them from getting the benefits they need to support themselves. This article will cover the basics of SSDI for felons, outline key exceptions, and explain why working with an experienced attorney is helpful when navigating the process.
Can Released Felons Receive Social Security Disability Benefits?
Yes, felons can apply for Social Security Disability Insurance (SSDI) benefits after they’re released from prison. However, several factors determine eligibility, and understanding them can help you know the next steps to take.
SSDI Basics
SSDI provides financial support to individuals who cannot work due to a severe, long-term disability. To qualify, a person must have worked and paid Social Security taxes long enough to be eligible before becoming disabled. Once eligible, they can receive monthly payments to help cover their living expenses.
For most people, the main challenge in receiving SSDI is proving that their disability is severe enough to prevent them from working. For felons, there are additional hurdles, such as prior work experience, when and how the disability occurred, and certain crimes that can disqualify them from receiving benefits.
Local Resources for Re-entry in Oregon
Eugene, for example, offers several local programs aimed at helping felons re-enter society. For example, Sponsors, Inc. provides housing and employment support for individuals transitioning out of prison. Their services also include assistance for those with disabilities, helping them apply for SSDI benefits. These types of organizations are critical in helping felons reintegrate into the community and secure the support they need.
When Can Felons Apply for SSDI?
If someone was receiving SSDI benefits before being incarcerated, those payments stop after they’ve been in prison for more than 30 days. However, they may have their benefits reinstated upon release.
It’s important to understand that while SSDI benefits are paused during incarceration, a felony conviction doesn’t permanently disqualify someone from receiving benefits. After being released, felons can reapply for SSDI as long as they meet the requirements. If a disability develops or worsens in prison, things can become more complicated, and certain situations may prevent felons from receiving SSDI benefits even if they would otherwise qualify.
Local Challenges Faced by Felons in Eugene
Felons in Eugene may face specific challenges that make it more difficult to apply for SSDI. Many former felons struggle with homelessness or finding stable housing, and Eugene has been dealing with ongoing issues related to homelessness. The intersection of disability, homelessness, and a criminal history can create unique barriers when applying for SSDI. Local organizations like White Bird Clinic offer healthcare and social services to help people who are dealing with these challenges, which can be important when proving a disability to the Social Security Administration.
Exceptions to SSDI Eligibility for Felons
While most felons can apply for SSDI after being released, there are a few key exceptions that may prevent eligibility. These exceptions are usually tied to when and how the disability happened and the type of crime committed.
- Disabilities Caused or Worsened by a Felony: If the disability occurred while committing a felony—such as during a violent incident or due to an injury sustained while committing a crime—the individual is generally not eligible for SSDI benefits. Likewise, if a pre-existing disability worsened because of the commission of a felony, the person may be disqualified from receiving benefits.
- Disabilities During Incarceration: If a disability develops or worsens while someone is incarcerated, such as from injuries in an altercation or poor prison conditions, they are not eligible to receive SSDI benefits for that condition. The Social Security Administration does not cover disabilities that occur while someone is serving time.
- Disqualifying Crimes: Certain crimes permanently disqualify individuals from receiving SSDI benefits, regardless of when the disability occurred. These crimes include treason, specific acts of terrorism, and sabotage. People convicted of these crimes are permanently disqualified from applying for SSDI, even after being released from prison.
How to Apply for SSDI After Release
For felons who are eligible to apply for SSDI, the process is similar to anyone else seeking disability benefits. However, the specific rules for those with felony convictions can add complications.
- Reinstatement After Release: If someone was receiving SSDI before being incarcerated, they can reapply to have their benefits reinstated once they’re released. The Social Security Administration doesn’t automatically restart benefits—you must formally request reinstatement.
- Submit a new SSDI Application: If an individual wasn’t receiving SSDI benefits before incarceration but now qualifies due to a disabling condition, they can file a new application after being released. The Social Security Administration will review their work history and medical records to determine eligibility, just as they would with anyone else.
- Work Credits and Eligibility: SSDI eligibility is based on recent work credits, which means the person must have worked and paid Social Security taxes for a certain number of years. For felons who spent a long time in prison, this is a challenge, as they may not have enough recent work credits. In these cases, it’s important to consult with an attorney who can assess their situation and advise on other options, such as Supplemental Security Income (SSI), which has different requirements.
Why You Should Consult with an Attorney
Understanding SSDI eligibility for felons can be difficult. The rules are complex, and mistakes in the application process can lead to delays or denials of benefits. This is why working with an experienced attorney is so important.
An attorney can:
- Help you gather the necessary documentation to prove your disability.
- Ensure that your application is accurate and complete, reducing the chances of delays.
- Represent you if your SSDI application is denied and you need to appeal.
If you or a loved one in Oregon is a released felon struggling to apply for Social Security Disability Insurance benefits, reach out to an attorney who can guide you through the process. At Drew L. Johnson, P.C., we are committed to helping people secure the benefits they deserve. Contact us today at (541) 434-6466 to schedule a consultation and learn how we can help.
