How Will Prison Affect My Disability Benefits?
When a person is facing incarceration there is surely a lot on their mind. If the person is receiving Social Security Disability benefits, one of the questions might be whether or not they can keep their disability benefits. The following information will help you better understand exactly what will happen to your Social Security Disability benefits if you are sent to jail.
The rules for suspending Social Security payments for people who are in jail are different based on which type of assistance you receive. The following is an explanation for how each system works:
• Supplemental Security Income
You can receive SSI payments until you have been in jail or prison for a full calendar month from the first of the month through the last day. For example, if you went to jail or prison on July 4, your SSI would continue during July and all of August. If, on the other hand, you went to jail prison on on July 1 then benefits would cease on August 1.
• Social Security Disability Insurance
SSDI rules are different from those for SSI. You will be permitted to receive SSDI benefits until you have been convicted of a criminal offense and spent 30 days in jail or prison. This means that your disability payments will stop on the 31st day you are incarcerated after a conviction.
• SSI and SSDI
If you receive both an SSI and an SSDI check each month, your SSDI payments will stop after 30 days of incarceration following conviction, but your SSI will continue until you have been in jail or prison for a full calendar month, as in the description for SSI above.
Once you are released from jail, it is possible to have your Social Security Disability benefits reinstated. Your benefits can begin the month after you have been released from jail as long as you still qualify for the benefits you had been receiving. If your condition has improved and you no longer qualify, your Social Security Disability benefits will not resume.
To have your benefits reinstated after your release from prison, you will need to visit your local Social Security office and notify them of your release. You will need to bring proof of your release from jail before they can begin payment.
The exception to this rule is if you are in prison for more than 12 months. If you are in prison for more than 12 months, your benefits will not automatically be reinstated after your release. Instead, you will need to re-apply for benefits and go through the lengthy application process all over again.
If you think you may be entitled to Social Security Disability benefits and have questions, call The Law Offices of John T. Nicholson at 1-800-596-1533 for a free consultation today.
This issue comes up more often then people think as a lot of folks in jail are on disability.
I was put in jail and convicted of a misdeamnor charge on the 12th of june. I received a ssdisability check. My june check was deposited on july 3rd for june. since I had not been in jail for 30 days before my check came am I entitled to that June check since I had not been in jail for 30 days before by check came? Thank you.
i want to know where the kids stand will they loos there fathers check when he goes to jail
how does ssdi know you are in jail? so if a person is in jail for three months then the ssdi will stop?
My mother is on ssdi and hasn’t my little brother as a dependent will his part still come in while she’s in prison if so will it automatically keep coming through or do I need to do somthing.
Do you continue to receive SSI while incarcerated if you’re on Huber release
if you are in jail and have not been convicted yet are you still entitled to your monthly SSI check?
thanks
If you happen to slip thru the cracks and receive SSDI benefits for months before they catch it. Will you have to pay it back ? And how would that work ? Will they take the whole check ?
My daughter has been in jail since feb.20,2021 herdadis her payee.howcani. Find out if he reported her being incarcerated she still is injailhe is trying to prove. Her incompetent.when she Waswithme last itook Care of her I don’t want any money And she owns 73 percent ofHer grandma’s house she. DiedAnyways can u help MEI anyway so iIcan take care ofherin. My. Home she’s Incarcerated I was trying to. Bailher out she has3cases 2 are bailable one is not cuz theywant her in a state hospital I have been a nurse I worked with mental I’ll patience .I want my daughter to come homewithme