QUESTION

If an individual on Social Security Disability is found guilty of a felony, sentenced to Jail time, will that person continue to receive disability?

Asked on Jun 15th, 2012 on Social Security Disability - North Carolina
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1 ANSWER
Answered on Jun 16th, 2012 at 1:09 PM
No, benefits will stop if confinement is greater than 30 days. It also depends on the type of benefits you receive to determine when the benefits stop: • SSI (Supplemental Security Income): your check will stop after you are in jail for a full calendar month, and • Retirement, Survivors or Disability benefits: your monthly benefits will stop after you remain in jail for more than 30 continuous days following your conviction date. If you are in jail awaiting trial, you will continue to get your check until you are convicted. The source for this answer is this page on the Social Security Administration website. It is an excellent article and contains additional information. PLEASE NOTE that an in person consultation is always best when you have a legal problem. DO NOT RELY on information for a legal remedy without having contacted a lawyer. Facts and circumstances of every case have to be applied to the law that is relevant for the state or location in question. NEVER rest on a right or defense you may have. Legal rights are not like wine - they don't improve with age or time. Time limits can completely prohibit recovery. SEEK LEGAL ADVICE IMMEDIATELY. Be sure to visit my website for answers to other Social Security Disability questions. http://haller-law.com/faq  

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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