In most cases, you will not collect Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) while in prison. There are exceptions to this rule. Keep reading to find out what you can expect to happen to your disability benefits if you are charged with or convicted of a crime and facing incarceration.
For help with any Social Security disability issue, the Law Offices of Ogle, Elrod & Baril, PLLC, offers a free consultation and case evaluation. Our team of dedicated Social Security disability lawyers can answer your questions and advise you of your options. Call us today at 866-628-8179.
What Happens to Your Social Security Disability Benefits While in Prison
As a Social Security disability recipient, you are probably wondering what will happen to your Social Security disability benefits while in prison. The answer depends on a couple of factors. One is whether you have been convicted and are serving your sentence in prison, or you are being held in jail while awaiting trial. The other is the length of your prison sentence.
Charged vs. Convicted
If you have been charged with a crime but not convicted, your benefits will not stop unless you are convicted and sent to prison. If you are in jail awaiting trial — either because you were denied bail or cannot afford it — your benefits will continue.
If you are convicted and sent to prison, however, you can expect your benefits to stop.
Length of Prison Term
Social Security will not suspend your benefits until you have been incarcerated for 30 days post-conviction. If you get convicted but receive a sentence of only a week or 10 days, for example, there should be no interruption of your benefits.
Once you have been in prison for 30 days after your conviction, you can expect to stop receiving disability checks.
What Happens to Your Dependents’ Benefits
Suppose you are sent to prison and lose your Social Security benefits, but you have dependents, such as minor children, who rely on the benefits they receive because of your disability.
In most cases, your dependents’ benefits are safe, even while you are serving a prison term. Only if they no longer qualify for disability will their benefits be at risk.
What Happens When You Get Out of Prison
If you still qualify for disability, meaning you still have the medical condition for which you were initially approved, you can have your benefits reinstated the month following your release from prison.
Prison Terms Longer Than One Year
If your prison term is longer than 12 months, your SSI benefits will not automatically resume. You must reapply.
For a Free Consultation With a Social Security Disability Lawyer, Call the Law Offices of Ogle, Elrod & Baril, PLLC, at 866-628-8179
The Law Offices of Ogle, Elrod & Baril, PLLC is your full-service Social Security disability law firm. We want to answer your questions, address your concerns, and help you get (or keep) the benefits you deserve.
For a free case evaluation, call our office today at 866-628-8179.