Can you receive social security disability benefits if you are convicted of petty larceny?

Answer 1

Social Security Disability Benefits are impaired by a conviction for a felony as defined by federal law. Without knowing the details of petty larceny in your state, I don't know if your case is a felony under federal law. The general rule they are applying is that it is a felony if defined as a felony in that jurisdiction, or in a jurisdiction that doesn't classify any crime as a felony, the offense is punishable by death or imprisonment for a term exceeding 1 year. (NB: the operative word is punishable - not the sentence actually applied, if the offense is punishable by up to 18 months in prison that would be a felony in a jurisdiction that doesn't define felonies even if the judge handed down a 6 month suspended sentence.)

If the disability isn't related to a felony conviction, then benefits are payable when not on the run or in prison. Jail (before conviction and sentencing) isn't prison (after conviction and sentencing).

Four ways a felony conviction can have impact Social Security disability benefits:

1 You can't get disability benefits while incarcerated for a felony;

2 You can't get disability benefits while fleeing from prosecution for a felony; the arrest warrant, the prosecution, the prison sentence, or violating the probation or parole.

3 You can't get disability benefits for a disability caused by or aggravated while committing a felony;

4 You can't get Survivor's benefits if you killed the person whose Social Security account is the source of the survivor's benefit.

If you're wondering about what happens while a conviction is being appealed - no benefits are paid while in prison, but if the conviction is overturned then the benefits not paid while may be payable.

If this only raised more questions, you can always call the Social Security Administration and ask them directly.

If you like a long read, then the detailed Social Security Administration regulation is called:

SSR 83-21: TITLE II: PERSON CONVICTED OF A FELONY

and they cite the relevant laws the regulation is intended to implement: Sections 5(a), (b), and (c) of Public Law (P.L.) 96-473; sections 202(d), 216(i), 223(d) and 223(f) of the Social Security Act, as amended.