How will becoming incarcerated effect my benefits?

Incarceration may impact your eligibility for benefits from the Social Security Administration (SSA).  This depends on how long you are incarcerated for and what type of benefits you receive.

If you are receiving Supplemental Security Income (SSI) payments and you are in jail or prison, your payments will be suspended after you have been incarcerated for a full calendar month. If you are released in less than 12 months you will be eligible to have your benefits reinstated the same month in which you are released.

For SSI recipients, whose period of incarceration lasts longer than 12 months, it would be required to file a new application for SSI. For more information regarding the reinstatement process for SSI benefits, please view POMS Section SI 02310.093 Title XVI Reinstatement Procedures.

 

If you are receiving Disability insurance Benefits (DIB), your payments will be suspended after you have been in prison or jail for more than 30 days following your conviction. If you are in jail awaiting a trial you will continue to receive benefits unless you are convicted.

Recipients of DIB payments will be eligible to have their benefits reinstated one month after the month they were released. For more information regarding the reinstatement process for DIB benefits please view POMS Sections GN 02607.840 Title II Reinstatement Policies for Prisoners.

If the recipient’s children or spouse have been receiving auxiliary benefits, they will be able to continue receiving these benefits throughout the recipient’s incarceration.

In order to have either your SSI or DIB benefits reinstated you must show proof of your release to your local SSA office. You can contact the SSA as soon as you know when you will be released to begin the reinstatement process. Providing this information will allow the SSA to restart your benefits as quickly as possible.

More information can be found in the SSA’s article, “How jail affects Social Security benefits and SSI.”