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Hubbs Disability Law

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California’s Disabled and Injured.
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Disability Arising Out of Criminal Conviction

Any physical or mental impairment which arises or is aggravated (but only to the extent of the aggravation) in connection with the commission of an offense after October 19, 1980, which constitutes a felony under applicable law, and for which the individual is subsequently convicted, shall not be considered in determining whether the individual is under a disability. This exclusion applies regardless whether the individual is incarcerated pursuant to the conviction. The impairment or aggravation of an impairment must be excluded for the lifetime of the individual. Social Security Act Section 226(d)(6)(A); SSR 83-21.

This rule applies only to applications for “Title II” benefits, namely, disability insurance (SSDI) benefits; childhood disability benefits (CDB); or for disabled widows, widowers, or surviving divorced spouses benefits (DWB).

In its infinite wisdom, Congress decided that this rule should not apply to Supplemental Security Income (“SSI”) benefits. This does not make sense to use.  SSDI claimants paid into Social Security by way of FICA contributions, whereas SSI claimants may not have, and should not be afforded lesser rights. This is one of several areas of the law (such as the five-month waiting period) where SSDI claimants are disadvantaged compared to SSI claimants.

Legal Issues

Disability Arising Out of Criminal Conviction
How Social Security Evaluates Obesity
How SSA Evaluates Drug and Alcohol Addiction

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While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. To schedule a meeting with an attorney, please call Hubbs Disability Law at 800-883-3492, or complete the intake form below.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Bay Area Office

625 Cherry Street, Santa Rosa, CA 95404
(707) 542-5191
FAX: 707-547-2212

Sacramento, Redding and Surrounding Areas

(By Appointment Only)
(530) 528-1004

San Joaquin Valley Office

218 W. 8th Street, Hanford, CA 93230
(By Appointment Only)
(559) 584-2600

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The information on this website is for informational purposes only and should not be considered legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters or emails. However, contacting us does not automatically create an attorney-client relationship. Please do not send us any confidential information to us unless and until an attorney-client relationship has been established. THIS IS AN ADVERTISEMENT.

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