I am disabled & waiting in final appeal status for a hearing date . The decision whether I qualify as permanently disabled for Social Security will be made at this hearing . I have Medicaid & I receive food stamps for myself , my niece of whom I have legal custody of and my son . I have been picked up for shoplifting 4 times in the past 12 months . I was able to get 2 of these 4 charges plead down but I was convicted once for misdemeanor shoplifting . The most recent charge is a felony . I have not gone to court yet . I admit that I have a problem & I want help . I am seeking professional mental health services for this compulsion . I would like to know if my criminal history can / will affect the state aid I am receiving and / or the future decision in my social security case ? Thank you , A
Social Security Lawyers
Means-tested benefits like "state aid" or Medicaid may be suspended if you are incarcerated, but criminal convictions will not affect eligibility for Social Security.
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This answer is offered as a public service for general information only and may not be relied upon as legal advice.
Social Security Lawyers
My colleague is correct that a convictionwill not take away eligibility for SSI or SSDI. However, if you are incarcerated as a result of the conviction, you may lose some benefits - SSI and SSDI may not be paid during periods of incarceration. So, if you are convicted of the felony and serve time, you are not eligible for SSI or SSDI for the months you are in jail. If your claim is for SSDI, though, and you have dependent children who would be eligible to get dependents benefits, they are still able to get their money.
Hope that helps. Best of luck to you!
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My colleagues are correct that criminal convictions do not affect eligibility for disability benefits, but you must remember that at your disability hearing, the Judge will be conducting a credibility evaluation on you and this will factor into whether they will find you disabled. You should know that by simply committing the crimes you mentioned is not a bar to disability benefits, your answers at the hearing regarding your criminal past will be closely scrutinized by the Judge as part of his/her credibility evaluation on your case. Honesty is the best course of action and remember that you are under oath at your hearing.
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