• Menu
  • Skip to right header navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Before Header

Has your disability claim been wrongfully denied or terminated? Call us today for help!  (888) 321-8131

  • Facebook
  • LinkedIn
  • YouTube

OLF Ortiz Law Firm National Disability Attorneys

Ortiz Law Firm is dedicated to helping people recover the disability benefits they deserve. We handle group Long Term Disability (LTD) claims, individual disability insurance policy claims, ERISA disability claims, and Social Security Disability claims.

  • ABOUT US
    • Nick Ortiz
    • Our Team
    • Case Results
    • Testimonials
  • PRACTICE AREAS
    • Long Term Disability
      • Long Term Disability Appeals
      • Long Term Disability Lawsuits
      • Lump Sum Buyouts/Settlements
    • ERISA Disability Claims
    • Individual Disability Insurance
    • Social Security Disability Claims
      • Initial Applications
      • Request for Reconsideration
      • Hearing Before an Administrative Law Judge
    • Personal Injury Claims
  • DISABLING CONDITIONS
    • Long Term Disability
    • Social Security Disability
  • INSURANCE CARRIERS
    • View All
    • Insurance Company Tricks And Tactics
  • RESOURCES
    • Blog
    • Get Free Resources
    • Lump Sum Disability Buyout Calculator
    • Long Term Disability FAQs
    • Social Security Disability FAQs
    • Long Term Disability Glossary of Key Terms in a Policy
    • Long Term Disability Case Summaries
    • Abbreviations in Social Security Disability Claims
  • Search
  • CONTACT

Mobile Menu

Call us today for help!

(888) 321-8131
  • ABOUT US
    • Nick Ortiz
    • Our Team
    • Case Results
    • Testimonials
  • PRACTICE AREAS
    • Long Term Disability
      • Long Term Disability Appeals
      • Long Term Disability Lawsuits
      • Lump Sum Buyouts/Settlements
    • ERISA Disability Claims
    • Individual Disability Insurance
    • Social Security Disability Claims
      • Initial Applications
      • Request for Reconsideration
      • Hearing Before an Administrative Law Judge
    • Personal Injury Claims
  • DISABLING CONDITIONS
    • Long Term Disability
    • Social Security Disability
  • INSURANCE CARRIERS
    • View All
    • Insurance Company Tricks And Tactics
  • RESOURCES
    • Blog
    • Get Free Resources
    • Lump Sum Disability Buyout Calculator
    • Long Term Disability FAQs
    • Social Security Disability FAQs
    • Long Term Disability Glossary of Key Terms in a Policy
    • Long Term Disability Case Summaries
    • Abbreviations in Social Security Disability Claims
  • Search
  • CONTACT
You are here: Home / Social Security Disability / Social Security Disability Claims With A Criminal Or Felony Record

Social Security Disability Claims With A Criminal Or Felony Record

July 21, 2020 //  by Ortiz Law Firm//  1 Comment

I have seen other attorneys post that a criminal background will not keep a claimant from receiving Social Security Disability benefits as long as the claimant does not have an outstanding felony warrant.

This is mostly correct. However, there is one additional “felony impairment” rule: a claimant cannot receive Title II Disability Insurance benefits if the claimant’s impairment arose in connection with the commission of a felony. Under the Title II Regulations, 20 C.F.R. 404.1506, Subsection (a), limitations resulting from the commission of a felony must be excluded from consideration of disability under the Act:

“(a) Permanent exclusion of felony-related impairment. In determining whether you are under a disability, we will not consider any physical or mental impairment, or any increase in severity (aggravation) of a preexisting impairment, which arises in connection with your commission of a felony after October 19, 1980, if you are subsequently convicted of this crime. Your subsequent conviction will invalidate any prior determination establishing disability if that determination was based upon any impairment, or aggravation, which we must exclude under this rule.”

Note: This limitation does not apply to claims for Title XVI Supplemental Security Income (SSI) disability benefits.

Example: A claimant was involved in an automobile accident in 2000. The claimant suffered severe injuries, including three herniated discs in his back. However, the claimant was the driver and was arrested for a DUI, or Driving Under the Influence. The claimant served 10 years in prison for this felony. Upon release, the claimant applies for Title II disability insurance benefits and Title XVI SSI disability benefits based upon the back injuries suffered in the 2000 accident. Assuming there are no other severe impairments, the Social Security Administration must deny the Title II claim because the injuries are related to the felony. As set forth in the regulation, this is a lifetime ban on Title II benefits for injuries relating to the accident. The claimant may still pursue the SSI disability benefits, but the claimant must also meet the non-medical requirements for such benefits.

FacebookTweetPinLinkedInPrintEmail

Category: Social Security Disability

Previous Post: « Social Security Disability Insurance Program Infographic
Next Post: Social Security Online: Things You Can Do On The Web »

Reader Interactions

Comments

  1. Robert Lahr

    February 20, 2022 at 7:18 pm

    I am looking for an attorney to help me file for disability Robert Lahr 6512394699

    Reply

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Primary Sidebar

Top Ten Mistakes That Will Destroy Your Social Security Disability Claim

Get Free Resources

Just want say a little something about Ortiz Law Firm and Mr. Nick Ortiz. I retained the services of Ortiz Law firm in February of 2022 after my reconsideration appeal for SSDI benefits were denied. I just got a decision in my favor this month. Nick prepared me for the hearing by making sure I had ample of time to watch the short videos compiled by him to guide you understand the what/how/when process of the hearing goes and how to react and act. Then there is Miss Tory in the office that does all the paralegal stuff for Nick and she is amazing to work with. At the end of the Day I am glad that Mr. Nick was representing me at my Hearing. Ortiz Law Firm is a good establishment that is out here to get the best result possible. I highly recommend them to any one wanting to get their SSA benefits. God Bless them and once again Thank you for helping me.

Sunny P.

Recent Posts

  • How Long Does It Take to Get Social Security Disability Back Pay?
  • What is the Elimination Period in a Long Term Disability Claim?
  • 10 Tips to Maintain Approval of Your LTD Benefits
  • What Not To Say In Your Social Security Disability Interview
  • Non-Lawyer Advocates vs. SSDI Attorneys: Understanding the Differences

Footer

Location

316 S Baylen St Ste 590
Pensacola, FL 32502
(888) 321-8131
Monday - Thursday: 9:00 AM - 5:00 PM
Friday: 9:00 AM - 2:00 PM

Quick Links

  • Testimonials
  • Case Results
  • Resources
  • Contact Us

Claims Handled

  • Long Term Disability Claims
  • ERISA Disability Claims
  • Individual Disability Claims
  • Social Security Disability Claims
  • Florida Personal Injury Claims
  • Facebook
  • LinkedIn
  • YouTube

Site Footer

© 2023 Ortiz Law Firm

Sitemap | Disclaimer | Privacy Policy

Share this ArticleLike this article? Email it to a friend!

Email sent!