Many Americans rely on Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) to pay bills, support families, cover medical expenses and costs of living. Both of these programs help to support individuals who are unable to work.
While these monthly payments may be a necessity for many Americans and their loved ones, SSDI and SSI payments typically are not payable for months that a person is confined to a prison, jail, or other public institutions for committing a crime. In addition, a person may not be automatically eligible for SSDI or SSI payments following his or her release.
In this post, we’ll discuss what happens to your SSDI or SSI payments when one is incarcerated and or released, so you’ll understand the options and how to obtain reinstatement of benefits as quickly as possible after release.
Your SSDI Benefits
If you receive SSDI payments, they will be suspended if you get convicted of a crime and confined to a prison or jail for more than 30 consecutive days. These benefits may be reinstated in the month following the month you are released. Meaning, if your release date is July 7, you may be eligible for benefits starting in August. As these benefits are paid in the month following the month for which they are due, you would receive this payment in September.
If you have a spouse or children who rely on your monthly Social Security payments, they may continue to receive payments while you are in prison, as long as they retain their eligibility.
Your SSI Benefits
If you receive monthly SSI payments, they will be suspended while you remain in prison but can be reinstated the month of your release. For example, if you are sent to prison May 5 and released September 16, you will be eligible for full benefits in October and a partial payment for September. However, if your confinement lasts for 12 or more consecutive months, your benefits will be terminated, and you will have to file a new application to begin receiving benefits.
Reinstating Benefits After Your Release
If your SSDI or SSI benefits were suspended due to your prison sentence, you can request that the Social Security Administration reinstate your benefits after you are released, you will need a copy of your release documents before Social Security can process your request.
Filing an Application from Prison
If your SSDI or SSI benefits were terminated due to your prison sentence, you will need to file a new application for benefits. You’ll need to supply proof of your release and substantial medical documentation or your condition. It is advised that you seek trusted legal counsel before filing an application, as many disability claims are routinely denied.
If you live near Philadelphia or Camden, NJ, contact the experienced Social Security lawyers at Silver & Silver for help filing for disability benefits. With a seasoned team of Social Security Disability attorneys helping clients from Camden and the rest of the Philadelphia region, Silver & Silver have the expertise and history of success you want in a law firm.