Will I lose my Social Security benefits while I am in jail or prison?
It depends on how long you are incarcerated and what type of benefits you have
.
SSDI—If you will be in jail or prison for 30 days or more, your SSDI benefits will be
suspended. Social Security will not end your benefits. They are just suspended. You will not get checks while you are in jail or prison, but you will not have to reapply when you get out.
SSI—If you will be in jail or prison for one full calendar month or more, your SSI benefits will be suspended. You will not get checks while you are in jail or prison.
If you are in jail or prison for 12 full months in a row, your SSI will end. In that case, you will have to file a new application to get your benefits back. You will have to prove again that you have a disability and a low income.
| Less than 30 days | 30 days or more | 12 or more months |
| SSDI | Benefits not suspended | Benefits suspended | Benefits suspended |
| SSI | You can still get SSI | Benefits suspended | Benefits ended |
| Medicaid / Apple Health | Can stay on or enroll. | Benefits paused | Benefits paused |
Cite?
"Q: What happens to SSDI benefits when a person is incarcerated?
A:
SSDI recipients are eligible to continue receiving benefits until they are convicted of a criminal offense and are confined for more than 30 continuous days. After that time, their benefits are suspended. Benefits can be reinstated the month following their release into the community. Once released, individuals should contact their local Social Security office with official release papers and request that benefits be reinstated. No specific reinstatement forms are needed beyond release papers from the institution. If they are in jail awaiting trial, SSDI will continue until they are convicted."
ALL of the language from SSA about incarceration is predicated on CONVICTION.
This is not an official publication, but it is the consistently provided advice:
"Will you lose your benefits if arrested?
If you’re arrested, odds are you’ll have a lot on your mind.
Can you afford an attorney? Will you go to jail? How long will you go to jail for? What will your family do while you are in jail? Unfortunately, you’ll also need to worry about your SSDI benefits. However, even if arrested, your benefits may not stop.
Arrested does not necessarily mean convicted.
This means that
if you’ve been arrested for something that you have not done — and you are cleared of all charges, then you will not have to worry about losing your benefits. It doesn’t matter how long you are in jail following your arrest. If not convicted, your SSDI benefits will remain intact."
(emphasis mine)
The Social Security Disability Insurance approval process can intimidate you. The majority of initial applications are denied, requiring most applicants to seek approval for their benefits via the appeal process. Because of this, the last thing you’ll want to do is lose your benefits after they...
socialsecuritydisabilityadvocatesusa.com
ETA:
From the Congressional Research Service publication:
Are Benefits Paid to an Individual Who Is Incarcerated?
Stated generally, Social Security benefits are suspended when (1) a beneficiary is convicted of a criminal offense and sentenced to a period of confinement in a correctional facility or institution
and (2) based on that conviction the beneficiary remains confined in a U.S. correctional facility or institution for more than 30 continuous days. See SSA’s Program Operations Manual System (POMS), Section GN 02607.160: Title II Prisoner Suspension Provisions, at
https://secure.ssa.gov/apps10/poms.nsf/lnx/0202607160.
Social Security benefits are not suspended if a beneficiary is in custody at a correctional institution while awaiting trial. Conviction must occur before an individual’s benefits are suspended. See SSA’s POMS, Section GN 02607.200: Special Legal Considerations for Prisoner Suspensions, at https://secure.ssa.gov/apps10/poms.nsf/lnx/0202607200.
Specific circumstances of confinement resulting in the suspension of benefits are outlined in the Social Security Act. In part, Section 202(x)(1)(A) of the Social Security Act states that, with respect to periods of confinement for more than 30 continuous days, no monthly Social Security benefits shall be paid to individuals who are
confined in a jail, prison, or other penal institution or correctional facility
pursuant to his [or her] conviction of a criminal offense,
confined by court order in an institution at public expense
in connection with—
a verdict or finding that the individual is guilty but insane, with respect to a criminal offense,
a
verdict or finding that the individual is not guilty of such an offense by reason of insanity,
a
finding that such individual is incompetent to stand trial under an allegation of such an offense, or
a similar
verdict or finding with respect to such an offense based on similar factors (such as a mental disease, a mental defect, or mental incompetence), [or]
immediately upon completion of confinement as described in [the first condition above] pursuant to
conviction of a criminal offense an element of which is sexual activity, is confined by court order in an institution at public expense pursuant to a
finding that the individual is a sexually dangerous person or a sexual predator or a similar finding[.]
Section 202(x) of the Social Security Act (Limitation on Payments to Prisoners, Certain Other Inmates of Publicly Funded Institutions, Fugitives, Probationers, and Parolees) is at
https://www.ssa.gov/OP_Home/ssact/title02/0202.htm. See also Title 42, Section 402(x), of the U.S. Code.
Section 204(a)(1)(B)(ii) of the Social Security Act prohibits the payment of any retroactive Social Security benefits to incarcerated individuals. Section 204 of the Social Security Act (Overpayments and Underpayments) is at
https://www.ssa.gov/OP_Home/ssact/title02/0204.htm. See also Title 42, Section 404, of the U.S. Code."
The cited language in the Act all refers to findings and convictions. The one possible issue is whether a deferral/diversion scenario that is oriented around autism would be treated as a "verdict or finding with respect to such an offense based on similar factors (such as a mental disease, a mental defect, or mental incompetence)." In a typical diversion scenario, you are literally diverted from prosecution, so there is no verdict other than "dismissed" once you have completed the agreed requirements for your participation in the diversion program. That is the whole point - so someone does not end up with a conviction. Moreover, the language preceding/around this subsection still suggests a final resolution through a legal process, not a decision not to prosecute.
For nerds, relevant section of the SSA I'm referring to is sec. 202(x)(1)(A)(ii)(IV).
Final edit:
From the SSA program manual:
Program Operations Manual System (POMS)
TN 3 (02-02)
GN 02607.200 Special Legal Considerations For Prisoner Suspensions
A. Policy - Circumstances Of The Judicial Process Requiring Special Consideration
1. Trial Pending
Do not suspend benefits while the beneficiary is awaiting trial. Conviction must occur before benefits are suspended.
