The Law Offices of Sheryl Gandel Mazur
North New Jersey: 973-200-6629
South New Jersey: 609-207-7905

Social Security Disability and criminal issues

New Jersey residents who have been in trouble with the law might think they are suddenly ineligible to get Social Security Disability (SSD) benefits because of it. That is not always the case. There are situations in which federal requirements make it necessary that they deal with certain issues before they get their SSD benefits, but if they meet the benefits' requirements, they can receive SSD. Knowing what must be reported to the Social Security Administration (SSA) in these circumstances is essential to a case.

If a person is subject to an outstanding warrant for his or her arrest, the SSA must know about it in the following situations and if it is a felony: taking flight to avoid being prosecuted or confined; escaping from custody; and a flight-escape. People who fall into this category cannot get disability payments or underpayments they are owed for a month in which the outstanding warrant is in effect.

Those who have been convicted of a crime are also required to inform the SSA. The disability payments or underpayments cannot be made during the time the person is confined for a criminal conviction. If there are family members who can get benefits from the person's work history, they might be able to get the benefits. When someone is confined for committing a crime, the payments will generally not be made.

The following circumstances will dictate whether the benefits will be paid: if the person pleaded not guilty because of insanity or there were other issues in place like a mental defect, incompetence or disease; or if the person is declared incompetent to stand trial. Violation of probation or parole also requires the SSA be informed. The payments or underpayments cannot be made in the month for which the violation has taken place.

Making a mistake and getting in trouble will the law will not immediately eliminate a person who meets the SSA's requirements for disability from getting benefits. However, there are rules that go along with this situation. Having legal assistance for those who are in this category is imperative to get or restart the Social Security Disability payments. Calling for advice is crucial for people who are facing these concerns.

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West Caldwell Office
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West Caldwell, NJ 07006

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