Can I Still Receive Disability Benefits if I Have an Outstanding Arrest Warrant?

Can I Still Receive Disability Benefits if I Have an Outstanding Arrest Warrant?

Do You Have A Warrant

If you qualified for Social Security disability benefits and are currently collecting disability payments, don’t assume that there’s nothing that can disrupt those payments. For example, you may have some trouble remaining eligible for disability payments if you have an outstanding arrest warrant.

How an Arrest Can Affect Your Disability Benefits

First of all, when it comes to disability benefits and arrest records, it’s not all cut and dry. The following are some of the important things that you should know about how your disability benefits can be affected by an arrest:

  • Having an outstanding arrest warrant – If you have an outstanding warrant for your arrest that is for a felony crime or for a crime that is punishable by imprisonment or death, then you will not be eligible to receive your disability benefits during the period of time in which you have that outstanding warrant.
  • Being under arrest – If you are arrested or you turn yourself in for arrest as soon as the warrant for your arrest is released, you will still be able to collect disability benefits. You’ll want to make sure that you speak to a lawyer that has experience with Social Security disability insurance (SSDI) cases so that they can ensure that you still receive your benefits while you are under arrest.
  • Being incarcerated – If you are sentenced to prison, then you will no longer receive your disability benefits. This is because prisoners do not receive an income source when they are incarcerated. Even if you receive a sentence that is less than a month long, you will not receive benefits for that month.
  • Occasional release – Some prisoners will be temporarily released for short periods of time, whether it’s for a work release, hospitalization, or for school. If you receive such a release, you will still not be eligible for your disability benefits because you will still be considered confined.
  • Vocational rehabilitation program – If you agree to enter into an approved vocational rehabilitation program, your benefits will not cease.
  • Families of incarcerated individuals – If you are sentenced to prison but your family depends on your disability benefits for their household income, then they can still qualify for your disability benefits.

Avoiding your arrest warrant is not a way to continue getting your Social Security disability benefits since they will be suspended during the time period in which your warrant is active. You will still receive your benefits while under arrest until you are sentenced. 

If you are incarcerated for more than 30 days, your benefits will be temporarily suspended. However, if you are sentenced for longer than a year in jail, you will need to file a new disability application once you are released.

To schedule a free consultation with our Social Security Disability Advocates, be sure to contact us 24/7 by calling us at (602) 952-3200 today.

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