Can I receive Social Security benefits while serving a prison sentence?
A question that Social Security attorneys encounter from time to time is whether someone can receive Social Security benefits while serving a sentence in prison. The answer depends on the circumstances.
Social Security benefits generally come in two forms: Social Security disability benefits, and Social Security retirement benefits. Those who have recently been employed and paid Social Security taxes, and who are unable to work because of a serious medical condition that will last for at least one year, are potentially eligible to receive Social Security disability benefits. Those who have reached at least age 62, and who have worked for 10 years and paid Social Security taxes, are potentially eligible to receive Social Security retirement benefits.
Supplemental Security Income (“SSI”) is a related, but technically separate, program administered by the Social Security Administration. Those who have reached at least age 65, or who are blind or disabled, and whose income and resources are below certain limits, are potentially eligible to receive SSI benefits.
For those receiving Social Security or SSI benefits, their benefits will probably not be affected if they are admitted to prison for a continuous period of fewer than 30 days because of a conviction for a criminal offense. On the other hand, for those admitted to prison for a continuous period of more than 30 days, their benefits will likely be suspended. Benefits to spouses and children, however, will probably not be suspended, so long as they remain eligible under the Social Security Administration’s rules.
Those whose Social Security benefits are suspended during a prison sentence of more than 30 days can have their benefits reinstated beginning one month after the month in which they are released. For example, if Paul Prisoner served a six-month sentence in the Dayton Correctional Institution and were released on June 5, 2011, then his benefits could be reinstated beginning in July, 2011.
Those whose SSI benefits are suspended during a prison sentence of more than 30 days can have their benefits reinstated beginning in the same month that they are released. They will lose their eligibility, however, if their sentence lasts for 12 or more consecutive months; when they are released, they must submit a new application for SSI benefits. For example, if Ivan Inmate served a six-month sentence in the Dayton Correctional Institution and were released on June 5, 2011, then his benefits could be reinstated during the same month. He would receive partial benefits for June, 2011, and full benefits beginning in July, 2011. If Ivan served a sentence of 15 months, on the other hand, then he would have to submit a new application for benefits upon his release.
For those who were not receiving either Social Security or SSI benefits before they were admitted to prison, their eligibility following release is unaffected. In other words, when they were released from prison, they would apply for benefits like anyone else. If you have questions about how serving a prison sentence might affect your ability to receive Social Security or SSI benefits, then talk to a lawyer who is familiar with Social Security law. You might even be able to start the process of reinstating your benefits, or applying for benefits, before you are released.
I draw social securty each month!! I just received my seventh DWI!! If I go to prison my sentence would be 3 years maximum/two years mandatory!! I’m scheduled to go to rehab for my alcohol problem for six month!! I’m not familiar with New Mexico DWI law? Can I still receive my benefits if I have to serve 2-3 years in the state pen!!
can a person draw SSI and SS if he is convicted of a felon charge but no ijail time
Question: My son has had 2 kidney transplants and is facing jail time. If his Social Security stops after 30 days, he has no money for kidney medications and will lose his kidney. Does SS make an exception for this kind of situation?
Just a question. I have a neighbor, that is going back to prision, again, and is on SSD I believe it is. Is he still allowed to recieve this while in prision?
Oh, BTW, he also gets a VA pension, is that allowed while serving 2-3 years in prision? Thanks, just wondering.
My boyfriend just got approved dor SSD a month before goin to jail and we just found out a month later after he was already in jail, his doin about 5 yrs. Can he still b able to recive when he gets out…?
My son has had to do 90 days in prison. For a vilation of provation. He needs alot of medical care. Will he lose his disability?? I have been looking after his bills and rental apartment while he is gone. I am a single mother and I can’t pay my bills and his too. What will happen???
I was released from jail after 70 days sent to the phoenix housey for rent a sober living program where required to pay 105 weekly for rent also required to buy own food etc I came here oct 15 2012 they still won’t let me resume benefits till I am released from here.however as part of the program here I am required to save money for my own place what can I do?
If a person is jailed from the middle of one month till the middle of the next month the time they were not jailed in that month they will not receive benefits? As an example if someone was jailed on September 18 till October 23 the days they were not in jail they won’t receive their benefits? That would violate the double jeopardy laws it would seem.
My 72 yr old brother will be going to jail for 10 months, but his 68 year old wife depends on his social security check. Will his check be ceased automatically?
I find it to be sad that people who have worked cant seem to get disability and yet people who stay in trouble can what you worked out and be in jail and rehab what a sad world we live inin…
If my husband goes to jail can i his wife still draw his disability income
My husband got his first dui in Tennessee. No accident involved. If the court orders him to a rehab program will he still receive his social security
Retirement benefits am
No his va benefits
My question is, my husband and I both receive a disability check. He might be going to jail, and without his income there is no way I can pay our bills and live on what I receive each month. Will his check stop?
My husband my be going to jail for a year. We are both on ssd. Mine is not enough to pay bills. Will I get any of his check?
Why would a person who has worked and paid retire benifits not continue what he paid for.due to prison term.thats wrong its dued to him
My daughter received SS on the 5th of the month for her deceased father. She turned 18 on June 12, 2018. When would she receive her last check.
My brother is serving a life sentence in Macomb County Correction Facility here in Michigan. I received a letter about his pension at a place he had worked. Is he eligible to receive these benefits while serving time?