Answered on Oct 07th, 2011 at 10:35 PM
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.
under Social Security is based on your inability to work. We consider
you disabled under Social Security rules if:
cannot do work that you did before;
decide that you cannot adjust to other work because of your medical
disability has lasted or is expected to last for at least one year
or to result in death.
to the Social Security website:
decide whether you are disabled, we use a step-by-step process
involving five questions. They are:
Are you working?
you are working in 2011 and your earnings average more than $1,000 a
month, you generally cannot be considered disabled.
you are not working, we go to Step 2.
Is your condition "severe"?
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
Is your condition found in the list of disabling conditions?
each of the major body systems, we maintain a
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
you do the work you did previously?
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
Can you do any other type of work?
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
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
No attorney-client relationship has been established because of the information provided. Seek local counsel to address your particular facts. MJHJ