Social Security Disability During Incarceration and Upon Release
This give provides an overview of what happens to your Social Security disability benefits while you are incarcerated and what you need to do to make sure you get disability benefits on release from incarceration.
Can I Still Get Social Security Disability Benefits While I am Incarcerated?Your SSDI benefit payments are suspended once you are convicted and incarcerated for more than 30 days. Even though you cannot receive SSDI benefit payments due to incarceration, your spouse and children continue to receive their SSDI payments as long as they are eligible.
Your SSI benefit payments are initially suspended while you are incarcerated, but when your incarceration lasts 12 months or longer, your eligibility for SSI benefits then terminates.
How Do I get my Social Security Benefits Reinstated when I am Released from Incarceration?You must contact Social Security to inform them that you have been released from incarceration, provide official release documents, and request that your disability benefits be reinstated. Once you have done this, your SSDI benefits can be reinstated the month following the month of your release, and SSI benefits can be reinstated in the month you are released.
If your SSI benefits were terminated, you can file a new application for SSI benefits a few months prior to your release. In fact, the institute where you are incarcerated may have a pre-release agreement with Social Security to help facilitate the application process. If not, you can contact Social Security at 1-800-772-1213 (TTY 1-800-325-0778) to inform them of your scheduled incarceration release date and ask about applying for SSI. If you are approved for SSI benefits, payments cannot start until after your release from incarceration which must be confirmed by giving Social Security your official release documents.
Contact a Disability LawyerIf you need help with your disability claim, contact a lawyer at Cardea Law Group, LLC. We understand that you need Social Security disability payments as soon after your release as possible to help you with living expenses so you can move ahead with your life. When we represent you, we provide you with information, guidance, and support at every step. Call us at 334-440-6261.