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When will I not be eligible for SSI benefits?

New Jersey residents who are considering applying for Supplemental Security Income and meet the basic requirements should be aware that there are certain factors that will automatically disqualify them from being approved. Simply because blind or disabled individuals are 65 or older and meet the income limitations to get SSI benefits does not mean they can get them in every circumstance. For people preparing an application, it is important to settle certain matters that render them ineligible, if possible. When preparing an application, it is important to have legal advice.

If a person has a felony charge that has not been satisfied or is under arrest warrant, it is a disqualifying factor for SSI benefits. This is true in the month where these issues are in place or if the arrest warrant is for the person escaping from custody, fleeing to avoid confinement or prosecution or committing flight-escape. A person who has these issues cannot get retroactive payments during that time. The payments will be held by the Social Security Administration until the case is settled.

For those who are incarcerated after they have been approved for SSI, they cannot get SSI benefits for the entire calendar month. It does not include home confinement, but applies to every other kind of incarceration including boot camps and halfway houses. Retroactive payments cannot be made if they were due before incarceration. These too will be held until the person is released. Those who are in a public institution will be ineligible for SSI. It must be run by the state, the federal or local government. Exceptions include a homeless shelter. If a person gives away resources to meet the eligibility requirements, he or she cannot get SSI for up to 36 months.

A non-citizen who is seeking SSI but does not meet the alien requirements cannot get or continue to get benefits. Those who are getting SSI and are absent from the U.S. for a full calendar month or for 30 days in a row cannot get benefits except for students who are studying overseas and children of military parents. The benefits will restart after being back in the U.S. for 30 consecutive days.

SSI benefits can be a critical part of a person making ends meet and getting the medical care they need for their illnesses or conditions. However, if they are having other problems such as incarceration, are institutionalized or are deemed ineligible for other reasons, it is important to have legal assistance to settle the matter and either restart the benefits or to reapply. A law firm that handles Supplemental Security Income cases can help.

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