Disability benefits for individuals with disabilities will be suspended as a result of a conviction of a crime that results in 30 or more continuous days in a correctional facility. In addition, incarcerated individuals cannot collect payments (electronically), cash checks, or file for new benefits while serving their sentence.
What happens to disability benefits if you go to jail?
Neither Social Security Disability Insurance (SSDI) nor Supplemental Security Income (SSI) payments will be payable for the duration of time that an individual is imprisoned. "Being imprisoned" is not limited to being in jail or prison. It includes certain types of public institutions, too, such as a halfway house under the control of the state's Department of Corrections.
Individuals that have worked or paid Social Security for a sufficient amount of years, may potentially qualify for Social Security disability benefits upon release. Additionally, individuals may be eligible for SSI benefits if they are 65 years of age or older, blind, or have a disability along with very little income and resources.
The SSA pays disability benefits to insured people who are experiencing an inability to work due to a severe medical condition expected to last for a minimum of one year or ultimately result in death. People who are unemployed, or recently paroled, are exceptions who do not qualify for disability benefits.
The SSA can reinstate benefits starting with the month following release. If an individual is receiving SSI, the SSA will suspend payments while incarcerated. Payments can start again upon release, but if confinement lasts for 12 consecutive months or longer, the SSA will terminate eligibility for SSI payments. In that scenario, qualified individuals will be required to file a new application for consideration after release.
Can you ever get those benefits back?
Although eligibility for benefits does not automatically renew after release, it is still possible to get those benefits back. If the SSA suspends disability benefits or SSI payments due to incarceration, the organization may reinstate them.
What about dependents?
The SSA has stated that although incarcerated individuals can't receive monthly Social Security benefits while in jail or prison, benefits to a spouse or children will continue as long as they remain eligible.
The answer to whether or not dependents will receive Social Security benefits wholly depends on the payment status before incarceration. For those not receiving Social Security benefits before incarceration, the SSA cannot pay benefits to a spouse, children, or other dependents during incarceration. However, if dependents were receiving Social Security benefits on record before incarceration, benefits to dependents would continue without issues during incarceration.
When in doubt, contact the SSA directly
For the latest and most current information, visit www.ssa.gov, where individuals can apply for benefits, get helpful information, find publications, and get answers to frequently asked questions.
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