Disability benefits are sometimes difficult to apply particularly in cases where an individual has had a criminal record. Although criminal history is not a disqualifying criteria per se, it could influence the way claims are being decided and reviewed. Most of the applicants are concerned with how prior convictions can affect the chances of success in their applications, yet this question can be answered by a number of legal and procedural considerations. These can be understood so that people prepare better and learn when they should consult an LTD Lawyer.
Understanding Basic Eligibility Rules
The law tends to look upon whether a person carries the requirements to disability both in medical and work related issues, not necessarily on the judgment of character. A criminal record is generally not enough to deny an individual long-term disability benefits and must be related to committing a crime against a benefits program to disqualify an individual. Courts and administrative agencies are mainly concerned with the genuine medical conditions of the claimant that even he or she cannot work.
However, certain circumstances can complicate a claim. As an example, the prisoners that are already in jail usually do not receive the benefits of Social Security Disability during incarceration. When they resume being released, they are free to apply again or even regain benefits but this can come with additional validation procedures to ascertain continued disability.
Challenges Related to Credibility
Although a criminal record may not represent automatic disqualification in benefit applications, it may bring into question the credibility of the individual. When making judgements regarding a testimony and written statements often a judge or even a claims reviewer will judge upon the overall honesty and reliability of an applicant. In case of crime involving fraud, false statements or other dishonesty-related crime, the judgment decision-makers make on the applicant's claims will be considered with increased doubts.
Credibility of a person is particularly crucial in the cases where medical evidence is still lacking, and the claim depends more on the account of the individual regarding his or her experience of pain, fatigue, or mental illness symptoms. In this scenario, a previous conviction of a deceitful act may decrease the credence applied to such claims and it becomes difficult to establish disability.
The Role of Representation
The previous experience of receiving legal assistance can be a great advantage among the applicants having a criminal history. The case can be introduced thoroughly with the assistance of a long term disability lawyer Toronto and focusing on medical details and the need to exclude the factor of criminal record in the assessment of the disability. This could involve the collection of additional objective medical evidence, the availability of favorable reviews by healthcare providers and the identification of stable treatment periods.
An attorney may also provide advice on ways to go and directly answer any question to the criminal record, where such to turn up in a hearing. Credibility may be lost due to a general perceived lack of credibility that can be balanced out by being fully open about prior rehabilitation or a significant amount of time without any further legal problems. A disability lawyer who has dealt with an LTD Lawyer has more experience with the attitude of administrative judges towards these questions and can assist the applicant in the creation of intelligent responses.
Effect of Specific Offenses
Not all offenses are treated equally in disability cases. Most violent offenses or crimes not related to dishonesty come with fewer weight in determining credibility unless of course they have direct effect on the disability itself. Not to mention any example, an individual hurt in the course of a criminal act can be subject to certain restrictions in regard to the injury. Correspondingly, fraudulent acts of government benefits can result in disqualification or payment obligations in similar cases as well.
On the contrary, criminal records indicating past addiction or substance use can result in further examination of claims relying on mental health or substance-related impairments. The law involves segregation of disabilities incurred by the continuous substance abuse with disabilities that would have manifested without it. Such situations make proper documentation and evidence of medical application a crucial factor.
Moving Forward After a Conviction
Even with a criminal background, a person is not discouraged to file a disability claim in case he/she is sure that he/she is not able to work. Medical conditions, functional limitations, and consistent treatment history are the factors that should be focused on. Proper preparation of whatever claim is to be made with professional advice is not going to allow the possibility of unrelated past problems shadowing present day medical facts.
The candidates must also be prepared to clearly and confidently account for their past without any sugar coating (but with an understanding of errors and displaying signs of a better direction). A criminal record should not be an absolute determination of disabilities when an individual, with the right disposition, can put his or her history on the same level with other aspects of his or her history.
