Can a Criminal Record Affect Your Social Benefits in New York?

Having a criminal record can impact many aspects of your life, even after you've served your time. One area that many people with criminal histories worry about is whether their conviction will affect their ability to receive social benefits like food stamps, Medicaid, or cash assistance in New York. The good news is that New York does not have a lifetime ban on receiving benefits for those with drug felony convictions, unlike some other states. However, your criminal case can still temporarily disrupt your benefits in certain situations.At Spodek Law Group, we understand how important these benefits are for getting back on your feet after a criminal conviction. Our experienced attorneys can help guide you through the process of reactivating suspended benefits and ensuring you receive the assistance you're entitled to under the law. Here's what you need to know about how a criminal record may impact your social benefits in New York:

Your Benefits Should Continue While Your Case is Pending

Simply being arrested or charged with a crime will not cause you to lose your benefits in New York. As long as you continue to meet the eligibility requirements, such as income limits and work assignments, your food stamps, Medicaid, and cash assistance should continue uninterrupted while your case makes its way through the court system.However, if you miss a required appointment with the Human Resources Administration (HRA) because you are incarcerated awaiting trial, they may send a notice of their intent to terminate your benefits. You have the right to request a Fair Hearing to challenge the termination. An attorney from our firm can help you present evidence that your failure to report was due to incarceration.

Your Benefits Will Be Suspended if You are Sentenced to Jail or Prison

If you are convicted and sentenced to a period of incarceration, your benefits will be suspended:

• Cash Assistance (TANF): As soon as HRA is notified of your incarceration, your cash benefits will be suspended. The rest of your household can continue to receive assistance if they remain eligible.
• SNAP (Food Stamps): Your SNAP benefits will be suspended if you are incarcerated for more than 30 days. Benefits for other household members should continue.
• Medicaid: In most cases, your Medicaid coverage will be suspended after 30 days in jail or prison. It can be reinstated upon your release.
• SSI: If you receive Supplemental Security Income, your benefits will be suspended after 1 full calendar month in jail. If your incarceration lasts more than 12 months, your SSI eligibility will be terminated and you will need to reapply.

The key is to notify your caseworker as soon as possible upon your release so that your benefits can be reactivated quickly. Our attorneys can communicate with HRA on your behalf to streamline the process.

An Open Warrant Could Cause Your Benefits to Be Denied

Having an open warrant, especially for a probation violation, could cause HRA to deny your application for benefits until the warrant is resolved. The rationale is that you are considered to be "fleeing to avoid prosecution," even if you were unaware of the warrant.If your benefits are denied due to an open warrant, we can help you clear the warrant and reapply as soon as possible. Don't let a misunderstanding or oversight prevent you from getting the assistance you need.

Your Criminal Record Should Not Affect Your Eligibility Long-Term

Once your sentence is completed and your case is closed, your criminal record itself will not disqualify you from receiving benefits in New York. You have the right to apply for assistance regardless of your conviction history.The only convictions that could impact your benefits are:

• Intentional Program Violations: If you are convicted of fraud or intentionally violating rules to obtain benefits, you may be barred from the program for a period of time.
• Fleeing Felons: If you are convicted of fleeing to avoid prosecution or violating probation or parole, you are not eligible for SNAP, SSI, or TANF until you address the violation.

In all other cases, a felony or misdemeanor conviction should not be a barrier to getting benefits in New York. If your application is denied, our attorneys can help you appeal the decision.

Get Help Reactivating and Protecting Your Benefits

At Spodek Law Group, we are committed to helping our clients move forward after a criminal conviction. Protecting your access to food stamps, health care, and financial assistance is an important part of rebuilding your life.If you're having trouble getting your benefits started after a period of incarceration, or if you've been denied benefits due to your criminal record, our experienced attorneys can help. We'll communicate with HRA and other agencies on your behalf, gather evidence to support your eligibility, and represent you in any necessary hearings or appeals.Don't let a criminal record stand in the way of getting the support you need. Contact Spodek Law Group today at 212-300-5196 or visit our website at https://www.federallawyers.com to schedule a consultation with one of our compassionate and knowledgeable attorneys. We're here to fight for your rights and help you get back on your feet.