QUESTION

After serving your sentence and being released from prison (3 felonies), can you receive SS disability benefits?

Asked on Oct 03rd, 2011 on Social Security Disability - Indiana
More details to this question:
Steve is 27 and serving a sentence for 2 Class Bs and 1 Class D felonies. He claims that once he is released from prison that he (like all sex offenders) will be considered disabled from employment and can collect SS disability benefits. Is this true?
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1 ANSWER
Answered on Oct 07th, 2011 at 10:35 PM
Anyone can apply for Social Security Disability. A felony conviction does not prevent application. However, as indicated below, there is a medical approach to the definition of disability, and I don't think this legal theory of disability will work. "Disability" under Social Security is based on your inability to work. We consider you disabled under Social Security rules if: You cannot do work that you did before; We decide that you cannot adjust to other work because of your medical condition(s); and Your disability has lasted or is expected to last for at least one year or to result in death. According to the Social Security website: To decide whether you are disabled, we use a step-by-step process involving five questions. They are: 1. Are you working? If you are working in 2011 and your earnings average more than $1,000 a month, you generally cannot be considered disabled. If you are not working, we go to Step 2. 2. Is your condition "severe"? Your condition must interfere with basic work-related activities for your claim to be considered. If it does not, we will find that you are not disabled. If your condition does interfere with basic work-related activities, we go to Step 3. 3. Is your condition found in the list of disabling conditions? For each of the major body systems, we maintain a list of medical conditions that are so severe they automatically mean that you are disabled. If your condition is not on the list, we have to decide if it is of equal severity to a medical condition that is on the list. If it is, we will find that you are disabled. If it is not, we then go to Step 4. 4. Can you do the work you did previously? If your condition is severe but not at the same or equal level of severity as a medical condition on the list, then we must determine if it interferes with your ability to do the work you did previously. If it does not, your claim will be denied. If it does, we proceed to Step 5. 5. Can you do any other type of work? If you cannot do the work you did in the past, we see if you are able to adjust to other work. We consider your medical conditions and your age, education, past work experience and any transferable skills you may have. If you cannot adjust to other work, your claim will be approved. If you can adjust to other work, your claim will be denied.    

No attorney-client relationship has been established because of the information provided. Seek local counsel to address your particular facts. MJHJ

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