How Does Incarceration Affect My SSDI or SSI?

Incarceration will result in a suspension of SSDI and SSI benefits

If you are receiving SSDI or SSI benefits, your monthly payments will be suspended if you commit a crime and are confined to jail, prison, or any other public institution. You are not eligible to receive SSDI or SSI benefits for the month(s) you are incarcerated. However, certain rules apply to each program.

SSDI

If you receive Social Security Disability Insurance (SSDI), your benefits will be suspended if you are confined to jail, prison, or any other public institution for 30 or more days. Your benefits will be reinstated the month following the month you are released, and you will receive your first payment the following month.

 
For example, if you are incarcerated June 8, 2014 and are released January 19, 2015, your benefits will be reinstated as of February 2015 but you will not receive your first payment until March 2015.

During the time you are incarcerated, your spouse and/or child(ren) will continue to receive their monthly benefit amount(s) as long as they remain eligible.

SSI

If you receive SSI benefits, your benefits will be suspended for the length of time you are confined to jail, prison, or any other public institution. Once you are released, you will receive partial payment in the month you are released.

 
For example, if you are incarcerated June 8, 2014 and are released January 19, 2015, your benefits will be reinstated as of January 19, 2015 and you will receive partial payment for the month of January.

 
If you are incarcerated for 12 or more months, you are no longer eligible to receive SSI benefits. Your benefits will be terminated and you will need to file a new application in order to determine your eligibility to receive disability benefits.

If you or someone you know has had their benefits discontinued due to incarceration, contact us now. We will file a new application and get your benefits reinstated.

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