Will I Be Denied SSI/SSDI If I Have a Parole or Probation Violation?

The Social Security Administration (SSA) does not deny anyone Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) benefits solely based on outstanding probation or parole violation warrants.

On May 9, 2011, the SSA changed its policy and now no longer suspends or denies benefits or payments to an individual solely on outstanding probation or parole violation warrants with the following offense codes:

  • 5011 – Parole violation
  • 5012 – Probation violation
  • 8101 – Juvenile offenders – abscond while on parole
  • 8102 – Juvenile offenders – abscond while on probation
  • 9999 – with an offense charge symbol of “probation or parole violation”
  • “Blank” – with an offense charge of “probation or parole violation”

SSI and SSDI benefits will not be suspended solely based on a parole or probation violation.

However, the SSA can suspend and deny SSI benefits to recipients of active warrants issued with the following offense codes:

  • 4901 – Escape from custody
  • 4902 – Flights to avoid prosecution or confinement
  • 4999 – Flight escape

How the SSA makes determinations in those circumstances is covered in the SSA’s instructions for the final settlement of the Martinez v. Astrue court case.

Can I Get SSI While on Probation or Parole?

Yes, you are eligible to receive both SSI and SSDI benefits while you are on probation or on parole.

Can I Get SSI If I Have a Warrant?

You are not eligible to receive Social Security Disability benefits and SSI during the months where you have an outstanding warrant for a felony or a crime that is punishable by imprisonment or by death. You can still receive Disability benefits if you have been arrested, but they will be suspended while you are incarcerated. Consult with an experienced Social Security Disability attorney about how your benefits can be affected by arrest.

Can I Get SSI If I Am a Convicted Felon?

Yes, you are eligible to receive SSI if you are a convicted felon; however, the benefits will be suspended after you are incarcerated for one full calendar month because your food, shelter, and medical needs are met while you are imprisoned. The exception to this suspension is if you are participating in an approved vocational rehabilitation program designed to help you return to work upon your release. After your release from custody, you can apply for SSI. If you are released from custody before these benefits have been suspended for 12 months, your SSI may be reinstated without a new application. Some prisons and jails also have a pre-release application procedure.

Can I Get SSDI Benefits If I Am a Convicted Felon?

Yes, as a convicted felon you are eligible to receive SSDI benefits, but these benefits are stopped if you are incarcerated for more than 30 days. However, benefits to your dependent spouse or children will continue as long as they are eligible. To restart your SSDI benefits after being incarcerated for 12 months, you will need to visit your Social Security office with proof of your release.

Contact James Scott Farrin for Assistance and Answers

If you are disabled and plan to apply for SSDI or SSI in North Carolina, or if you’ve applied previously and have been denied Social Security Disability benefits, the Law Offices of James Scott Farrin has the resources you need to help with your Disability claim. Contact us for a free case evaluation or call us for assistance, 24-hours-a-day, 7-days-a-week, at 1-866-900-7078.