8/21/2017

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Social Security: Criminal Offenses

Information taken from Social Security Administration SSA Publication No. 05-10077 ICN 468300.

If you have an outstanding warrant for your arrest

You must tell us if you have an outstanding arrest warrant for any of the following felony offenses;

  • Flight to avoid prosecution or confinement;
  • Escape from custody; and
  • Flight-escape

You can't receive regular retirement, survivors, disability benefits, or any underpayments you may be due, for any month in which there is an outstanding arrest warrant for any of these felony offenses.

If you're convicted of a criminal offense

If you get Social Security benefits and are convicted of a crime, Social Security should be notified immediately. Benefits generally aren't paid for the months a person is confined, but any family members who are eligible may continue to receive benefits.

If you've committed a crime and are confined to an institution

Benefits usually aren't paid to persons who commit a crime and are confined to an institution by court order and at public expense for more than 30 continuous days. This applies if the person has been found:

  • Guilty, but insane; or
  • Not guilty by reason of insanity or similar factors (such as mental disease, mental defect or mental incompetence); or
  • Incompetent to stand trial; or
  • Sexually dangerous.

If you violate a condition of parole or probation

You must tell us if you're violating a condition of your probation or parole imposed under federal or state law. You can't receive Social Security benefits for any month in which you violate a condition of your probation or parole.

Note:  Contact your local Social Security Administration Office for all the latest updates on benefits and filing requirements.

Call the Social Security Administration toll free at 1-800-772-1213 or at our TTY number, 1-800-325-0778 if you're deaf or hard of hearing.

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