When a person is facing incarceration there is a lot going through their mind. If the individual is receiving Social Security Disability benefits, one of the questions they are wondering is whether or not they can keep their disability benefits if they go to jail. The fact of the matter is that the Social Security Administration (SSA) will not pay benefits to someone who is incarcerated, but there are some exceptions to the rule. The following information will help you better understand exactly what will happen to your Social Security Disability benefits if you are sent to jail.
How Long Do I Have to Be In Jail Before My Social Security Disability Benefits Stop
If you are in jail for longer than one month your Social Security Disability benefits will stop being paid. If you are in jail for less than a month, there will be no interruption of your Social Security Disability benefits. There is, however, a loophole in this rule.
In order for your benefits to be suspended you must be in prison for 30 days after your conviction. If you have not been convicted yet and are serving time in jail, then your benefits will continue until you have been convicted and serving time for 30 days.
Will My Dependents Still Receive Their Benefits?
In most cases your dependents will still receive their Social Security Disability benefits while you are in jail as long as you continue to qualify for Social security Disability benefits.
When Will My Benefits Be Reinstated?
Once you are released from jail, you can have your Social Security Disability benefits reinstated 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 also need to bring proof of your release from jail in order for your monthly benefits to be reinstated.
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 application (and possibly appeal) process all over again. If this is the case, you may wish to retain the services of a qualified Social Security Disability attorney in order to ensure that your Social Security Disability application will be processed as quickly as possible and that you have the best possible chance of a successful outcome.
