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Can I receive Social Security payments if I have been convicted of a criminal offense?

By   /  March 3, 2016  /  374 Comments

Learn when incarceration suspends a disabled person’s Social Security benefits and whether a jailed worker’s family can get dependents benefits.

social-security-incomeSocial Security Disability Benefits While in Jail

If you are convicted of a criminal offense and you are disabled you may qualify for Social Security income; however, the Social Security Administration will not pay disability benefits for any month or part of a month during which you are confined to a jail, prison, or halfway house under the jurisdiction of a governmental corrections department or agency, if you are going to be in the corrections institution for more than thirty continuous days and you are convicted of a crime. Payments will be suspended beginning with the month is which you were first incarcerated after being convicted. Similarly, you will not receive payments while confined by court order and at public expense to an institution because you are found to be incompetent to stand trial or not guilty due to insanity or mental disease. Benefits are not suspended while awaiting trial.

For example, if you were convicted of a crime and went to jail on January 10, 2016 for a sentence of more than thirty days, your benefits would be suspended and you would not be eligible for the January 2016 benefit, which is paid in February. Then if you were released to a halfway house run by a department of corrections, the suspension of benefits would continue. If you were released from the halfway house on parole on March 10, 2016, your benefits for April 2016 would be reinstated. Because benefits are paid in the month after they are due, you would receive your first reinstated benefit check in May 2016.

Reporting Requirements for your Social Security Disability Check

It is important to report promptly if it appears you will be in jail for more than thirty days after a conviction because you will have to repay any overpayment that occurs because you are in a correctional facility.

Application for Disability Benefits While in Jail

If you are in prison and become disabled, you can apply for Social Security disability benefits while in jail, but benefits will not start to accrue until you had been disabled for five full calendar months or until the first full calendar month after you are released, whichever is later. For more information about when Social Security benefits begin and the benefit waiting period, see our article “If I Am Approved, How Much Social Security Disability Back Pay Will I Get?”

The Law Regarding Family Payment

Even when your Social Security Disability benefits are suspended because you are in jail, your family’s Social Security benefits will continue to be paid or, if you apply while incarcerated, their Social Security income will start after you’ve been disabled for five full calendar months.

Can I receive Social Security payments if I have been convicted of a criminal offense?
3 (60%) 2 votes

  • Hi my brother and my mom were arguing, he goes well I’ll kill myself so you can be happy,, etc, etc, and so cops came and and instead of taking him to jail they tk him to a psych ward, 24 hrs exact.. And now he told the disabality because they asked smhw,,, and so my point is they said they’d take or lower the payment for two months, and I just don’t see how they figure,, it wasn’t a whole month ,not even a week. does any body know why, how?

    • Kay Derochie

      Dear Sunny,

      Twenty-four hours in a psychiatric ward even if on a police detention should not affect your brother’s Social Security. Maybe your brother gave them the wrong dates. I suggest that he or his payee if he has a payee go to Social Security with a printout from the hospital’s admit and discharge records to prove the correct dates.

      Sincerely,
      Kay

  • steve

    Hi Kay I was denied SSI but I won my appeal so I was receiving SSI benefits for a few years.
    I was arrested In december 2012 My benefits stopped a month later I had no money to post bail while waiting trial. On the day of my trial in April 2015 I was offered a plea deal To drop the original charge Which I accepted for a new charge and was convicted for it the same day and the time I was awaiting trial would count towards that sentence then a few months later after the conviction I was released in August 2015.

    A day later I called the social security office to have my benefits reinstated and they said that since I had been incarcerated longer than 12 months I would have to reapply all over again so I did promptly and was denied and my new appeal is in January 2017

    My question is since I was released 4 to 5 months after my Conviction Did I have to reapply all over again or should my benefits have been reinstated?

    • steve

      Also thank you very much for all your help on this site I tried to find the answer to the question I was looking for before asking But I still wasn’t sure

      • Kay Derochie

        You are welcome, Steve.

    • Kay Derochie

      Dear Steve,

      If the benefits you were receiving were Supplemental Security Income (SSI), no benefits are payable for any time that you are in jail for thirty days or a calendar month if convicted of a crime. And, if you are ineligible for twelve months, you do have to file a new claim.

      Because your time served before the trial and conviction was applied to sentencing for the new charge, it would be hard to argue that the time before conviction and sentencing was for a crime you were not convicted of. If you want to try to pursue that line of argument, I suggest that you consult with an attorney.

      If you had received Social Security Disability (SSDI), you would be ineligible only for months in jail after sentencing and you would not have to file a new application after twelve months of benefits being suspended.

      Sincerely,
      Kay

      • steve

        Thank you so much for clarifying that this information is very helpful

        • Kay Derochie

          You are welcome, Steve.

  • Tammy

    Hello,Kay my name is Tammy I have been taken care of my daughter that has been on ssi for 7 years now. I got a felon charge first and last time. I got her paper work that needs to be sent in. I am the representative payee… And I got to do there yearly report and it ask if I have been convicted of a crime.,… Before I fill this out will u please tell me if I will no longer be able to get my daughter ssi check,… It was manufacturing and distribution lortab and addapex…..which is crazy cuz I ain’t a pharmacy…. But before I make anything can u let me know…..I never went to jail and stayed…I got bailed out and on probation for 4 years…..

    • Kay Derochie

      Dear Tammy,

      A custodial parent can be payee despite having a felony conviction when the child receiving benefits lives with the parent. I suggest that you write on the form that you were sentenced to probation only to clarify that the child has not been out of your care.

      Sincerely,
      Kay

    • Willis

      I have been overmy sons ssi survivors benefits for two years I recently got a felony charge, I’m the only one that he has and I was wondering if I’m still ganna be able to receive his check we have no other family

      • Kay Derochie

        Dear Willis,

        Unless the felony charge was for certain specific crimes, you can remain payee for your child if he lives with you. If you are sentenced to jail, the payee will be changed to the person or agency with custody of your child. As a side note, your child is receiving Social Security survivors benefits, not SSI, which is Supplemental Security Income.

        Sincerely,
        Kay

  • April Buck

    A friend of mine and his wife are separated and he is eligible for SSDI benefits but has not applied for benefits. There is a chance he may go to jail. Can she apply for benefits on behalf of their children without his approval or knowledge?

    • Kay Derochie

      Dear April,

      Your friend must apply for and be approved for benefits in order for the children to receive benefits. If he is approved and his benefits are suspended, his children will receive benefits while he is in jail. (Note that benefits are not paid for disabilities incurred in the course of committing a crime.)

      Sincerely,
      Kay

      • My adult Son has been serving a sentence for robbing a bank last year and is now an inmate in a down State Correctional Facility with the possibility of Parole in April 2017 but, his conditional release is 10/23/2018.
        I myself is disabled and now home bound with difficulty walking and taking care of my daily needs. I truly believe my Son was hooked on that K2 artificial synthetic marijuana that has the same hallucinogen reactions as bath salts. Then on top if that he was a terrible drinker.
        I sincerely think he may suffer from depression and may even be bipolar. There are a few diagnosed mental conditions which run in my family too.
        My question to you is, can he possibly apply for Social Security while he serves out his sentence or possibly released on Parole?
        I by no means have the money to send him, let alone a Care package and some food. What’s a desperate Mother to do, can you please lend me some good advice? It would be much appreciated, thank you so kindly for your time reading my story.

        • Kay Derochie

          Dear Claudia,

          Your son can apply for Social Security and/or Supplemental Security Income disability benefits when he is within three months of being released from prison, that is when he has a definite release date. If he is eligible benefits will begin once he is released. He can receive benefits while on parole.

          Sincerely,
          Kay

  • Lori Willis

    I might have to do six months in county jail for a probation violation. Since there is no new conviction, will I lose my SSDI benefits?

    • Kay Derochie

      Dear Lori,

      I expect that you will not be eligible for benefits while you are incarcerated because you have already been convicted and sentence would be served after conviction. If you are ordered to jail, you need to notify Social Security immediately to avoid an overpayment. If you receive a payment after incarceration, don’t spend it because you may need to refund it. You can request reinstatement when you are released.

      Sincerely,
      Kay

  • How can a person get away with stealing some one SSD and SSi and VA checks for 2 years while he was lock up and don’t pay back the money are get any jail time I always thought that was fraud she sign his name on all his checks for 2 years so that isn’t a crime

    • Kay Derochie

      Dear Linda,

      What you describe is fraud. I suggest you report it to the Social Security Administration and the Veteran’s Administration so they can investigate.

      Sincerely,
      Kay

  • Jay F.

    I was awarded SSDI in Feb. 2008, in May 2009 I was convicted and sentenced to an 8 year sentence which I will be released from a halfway house on Oct. 2016. My benefits were suspended during that time. Will I be able to restart them when I am released? And I received a check after my conviction will they recoup that money in broken up payments from my future payments?

    • Kay Derochie

      Dear Jay,

      Depending on the character of the half-way house, you may not be eligible for benefits until you are released from the halfway house. You can apply to have your benefits reinstated to get a formal determination and you can request that the overpayment collection be made over a period of months.

      Sincerely,
      Kay

  • candace gambrel

    My husband went to jail August 15 he received his check in September. I’ve been told that I can draw off of him while he is in there because he worked and paid that money in. I really don’t know how that works. And am I suppose to report it that he’s in jail? If not will he still continue to get his check?

    • Kay Derochie

      Dear Candance,

      You can receive benefits for yourself while he is incarcerated. If he is convicted and sentenced to jail time, then at that point he is no longer eligible for Social Security Disability until he is released. If he is convicted and sentenced to time, you need to report then. Benefits paid for that month are not due.

      Sincerely,
      Kay

  • NeTashia

    My father has been arrested but not yet sentenced and he receives SSI. Will he still receive benefits? Can my mother receive his benefits instead?

    • Kay Derochie

      Dear NeTashia,

      If your father is receiving SSI (Supplemental Security Income), he is not eligible for benefits in any month he is in jail. If he is receiving Social Security Disability (SSD), he will not be eligible for benefits if he is convicted and sentenced to jail. With either benefit, your mother cannot receive his benefits. If he has dependents receiving benefits on his Social Security record, the dependents will remain eligible.

      Sincerely,
      Kay

  • Krystle Johnson

    The father of my daughter is currently incarcerated and will be for 25 years. Before he was locked up he was receiving ssi. Can his daughter get those benefits?

    • Kay Derochie

      Dear Krystle,

      If your child’s father was receiving Supplemental Security Income (SSI), no benefits are payable to your child because SSI does not pay dependent benefits. If he was receiving Social Security Disability (SSD), your daughter would probably already be receiving dependent benefits if his earnings record was sufficient to pay them. However, if he is getting SSD, just to be sure that nothing slipped through the cracks, I suggest that you inquire at your local office whether dependent benefits are payable. You will need your child’s and her father’s Social Security numbers.

      Sincerely,
      Kay

    • Alvin Davis

      I was incarcerated for 19 years before incarceration I did for my kid I was never ordered to pay child support . At the age of 3 I went to prison and did 19 years when I got out she was 22 years old but is there a gov law that exempt me from back child support or will I have to pay back child support. Please give me some input on my situation please

      • Kay Derochie

        Dear Alvin,

        I do not know the answer to your question. I suggest that you consult with a family law attorney for some guidance on this matter.

        Sincerely,
        Kay

  • Kimberly anderson

    If I am sentenced to a drug treatment facility will my ssdi benefits continue.

    • Kay Derochie

      Dear Kimberly,

      If the sentence to a drug treatment facility is in lieu of a jail sentence and it will be thirty days or more, you will probably not be eligible for SSD until you are released. If you are sentenced either to inpatient treatment or jail, notify Social Security right away so they can take the action to suspend benefits as required. If you receive SSI and are already in jail, but not sentenced, you must report now.

      Sincerely,
      Kay

  • Good morning,
    My uncle has been in jail since June. He received SSI benefits for July and August. He wrote me a letter in July to tell me what to pay and to whom. Now, he wants me to take care of the money he received in August.He says he need the money to fined him a place to stay. He has not been sentenced yet. His court was rescheduled to September 8th. Can I buy the things he need when he get out and make a deposit on a place for him to stay?

    • Kay Derochie

      Dear Alecia,

      I recommend that you double check what kind of benefits your uncle is receiving because often people mix up the acronyms for the two disability benefit programs that are administered by the Social Security Administration. If he is not certain, he can call Social Security at 1-800-772-1213 and ask; however, hold times are long so that might not be practical from jail. He could try writing an authorization for you to find out.

      If your uncle receives SSI, which is Supplemental Security Income, he was eligible for (SSI) benefits in June, but not in July or August. If he is receiving Social Security Disability (SSD aka SSDI), he is eligible while incarcerated until he is sentenced. If the sentence is less than thirty days or time already serviced covers the sentence, he will remain eligible. Otherwise, SSDI benefits are not payable after sentencing until he is released.

      Sincerely,
      Kay

  • Brynna

    Hi Kay,

    I could use some clarification for a client who is currently incarcerated, is not receiving SSA benefits, and has been in jail for more than 30 days. She currently has several bills that need to be paid and has funds in her account from previous payments. While she is incarcerated, as a rep payee are we able to use those funds to pay bills? We have been unable to get full clarification from SSA on this and cannot find specific documentation on it. Anything you know would be very helpful.

    • Kay Derochie

      Dear Brynna,

      Benefits that were paid for months before your client was convicted and sentenced is not affected by her being incarcerated. The thirty days starts with the date of sentencing if it is later than conviction.

      Sincerely,
      Kay

  • hey if u have a neglect charge pending will that affect me being my daughter payee

    • Kay Derochie

      Dear Angel,

      Yes, it is possible that you will not be chosen payee for your child. I suggest that you think about whether you have a reliable, honest relative or friend you could serve as payee.

      Sincerely,
      Kay

      • Natalie

        Hi kay i have a misdemeanor and got 12 months probation I owe court costs but got off probation but still i was wondering can i still be a payee?

        • Natalie

          That was back in 2012 can i still be a payee sorry forgot to put that in there

        • Kay Derochie

          Dear Natalie,

          This is in response to both your posts. The payee application will ask if you have been convicted of a crime. You need to answer, “Yes,” and in remarks explain the circumstances involved and why you should be trusted to be a payee now. Social Security at their sole discretion will decide whether or not you are appointed payee. Payee selection cannot be appealed.

          Sincerely,
          Kay

  • Chocolate

    I am the payee if a friend. He was homeless but now he rents a room from me. He us incarnated but all of his belongings are here. His Ssi was cut off. Should I appeal Ssi so that his rent can be paid and I won’t have to throw his belongings out. I could use his space for another roomer. Any suggestiond

    • Kay Derochie

      Dear Chocolate,

      Your roomer continues to be eligible for SSI until he is convicted and sentenced. If that has not happened yet, you do not need to report. If he is convicted and sentenced and it is for less than thirty days or he gets to use his time already in jail to fulfill the sentence, his SSI will continue. If he has to remain in jail thirty days after conviction and sentencing, then you need to report and his benefits will be suspended. In the meantime, you might talk with him to find out if he knows anyone who would store his things for him if he has to relinquish the room.

      Sincerely,
      Kay

      Sincerely,
      Kay

    • Lee B.

      If a person has been in jail for a year and has not been convicted and sentenced will they have to repay funds if they’re allowing a friend to draw money out of their account through the ATM monthly.

      • Kay Derochie

        Dear Lee,

        Suspension of benefits due to being jailed begins after conviction and sentencing, so you are entitled to Social Security funds until that time. However, if you are receiving SSI and have not maintained a home that you have been paying for while in jail, your living arrangement has changed–you are getting free food and shelter from a government source and you may not be eligible for SSI based on living arrangements. It you are getting SSI, you should report your situation and, yes, you may have to repay.

        Sincerely,
        Kay

  • Lawrence Coelho

    I have question if I have a possession for sales can I still get ssi benefits

    • Kay Derochie

      Dear Lawrence,

      If you are not now incarcerated for a period of thirty days or more and you are disabled and your disability was not incurred in committing a crime or due to an injury inflicted while in jail, you may qualify for SSI disability benefits. If you are incarcerated, you can file prerelease application three months before you have a definite release date.

      Sincerely,
      Kay

  • Jackie

    I’ve been on SSDI since 2007 due to bipolar disorder. I had a severe manic episode and got into trouble. I’m waiting sentencing from the judge. I might be court order to 5 months residential treatment program. Will I lose my SSDI during those 5 months?

    Thank you,
    Jackie

    • Kay Derochie

      Dear Jackie,

      If the treatment order is in lieu of a prison sentence, yes, your Social Security may be suspended while you are in the residential treatment program. Once you know what your sentencing is, contact Social Security and submit the sentencing documents so a decision can be made.

      Sincerely,
      Kay

      • Jackie

        Dear Kay,

        Thank for your reply. The deal on the table is 26 days in county jail, 7 years probation and possibility of residential treatment. I’ll let my attorney know that I could lose my SSDI if I go to treatment.

        Thank you,
        Jackie

        • Kay Derochie

          Dear Jackie,

          You should tell your attorney that you MIGHT lose benefits. You will definitely lose benefits if you are in jail thirty days or more. If the residential treatment is for less than thirty days and is not a direct continuation of jail time with a transfer from jail to the facility, then you might not be considered in custody for thirty consecutive days and you might not lose benefits.

          Sincerely,
          Kay

          • Jackie

            Dear Kay,

            Thank you for the information and your time.

            Jackie

            • Kay Derochie

              You are welcome, Jackie.

    • June

      Hey I’m on house arrest for position of cocaine and it is a misdemeanor and or they gone to cut my check

      • Kay Derochie

        Dear June,

        Benefits will not be suspended or reduced for house arrest.

        Sincerely,
        Kay

  • Christy Decena

    My husband goes before a judge tomorrow and might get locked up. I wanted to know if I’m his representive payee, will I continue to recieve how disability money or will it stop? My children recieve benifits as well, will they continue to get them? I live in Philadelphia, PA.

    • Kay Derochie

      Dear Christy,

      If your husband is convicted of a crime and sentenced to jail, you must report the event as soon as it occurs. His Social Security will be stopped until he is released from jail. Your children will continue to receive benefits during his incarceration.

      Sincerely,
      Kay

  • Celya

    I recently won my disability case when I went before a judge. The judge did a offset date of March 1st 2014 because I had filed 3 years prior to that and had gone before a first judge 2 years prior to this judge as the first judge denied my case.
    I was convicted of a misdemeanor on October 18 2013 and I did Tent City and House arrest until February 14, 2014. To recap my offset date of my disability is March 1st 2014 so all of this was taken care of it was not in jail or house arrest. I recently received a letter stating my benefits have been suspended. I have only received one month check and I am waiting on my back pay. Question does this disqualified me for all my disability back pay since I did finish everything prior to my date that my disability was granted ?? Am I still eligible for my monthly payments?
    No one can give me a straight answer !!

    • Kay Derochie

      Dear Celya,

      With an onset date of March 1, 2014, Social Security Disability (SSD) benefits should begin to accrue August 1, 2014 and your conviction and house arrest should not affect your current or back pay benefits. If you were approved for Supplemental Security Income (SSI) and the house arrest precludes payment, SSI benefits could not begin until April 2014. The letter should tell you exactly why your benefits have been suspended. If you need help in understanding the letter, I suggest taking it to a Social Security office to get an explanation and to find out what you need to do to have the benefits reinstated.

      Sincerely,
      Kay

      • Celya

        Thank you I will be going to acquire my court paperwork saying I was off house arrest on February 14, 2014 as my offset datefor my disability was March 1, 2014
        Question will thus effect my back pay?
        I will be going to the Social Security Office as you recommend.
        Thank you

        • Kay Derochie

          Dear Celya,

          Your house arrest will not affect your benefits because it ended before you were determined to be disabled. For periods that could be included in back pay, please see my prior reply.

          Sincerely,
          Kay

  • Jeremy

    Dear Kay,

    I was in jail recently for 30 months, although I was held on bail only until being convicted 18 months in.

    I was released in February and immediately went to social security with my release documents. They told me benefits would start the next month. But it’s been nearly 3 months and still no disability payments. Ever one I talk to, including my worker has a different story or excuse for this.

    Any ideas on how to proceed?

    Thanks

    Jeremy

    • Kay Derochie

      Dear Jeremy,

      Social Security benefits are calculated and paid by a regional payment center, so the local office can on your request send a memo to the payment center requesting payment and a status. If you don’t receive benefits within a month, you could contact your congressperson’s office to see if they would make an inquiry.

      Sincerely,
      Kay

  • Nina

    My stepson was receiving ssi benefits prior to him being sent off to a juvenile home for approx. 10 mths. His benefits got terminated because his mother didn’t go get them reinstated in a timely manner. She continued to get his benefits while he was incarcerated (not reporting it to social security). Me and his father just got custody of him and just reapplied for his ssi benefits, so how long will it take for them to determine if he will continue his benefits from suffering from adhd and bipolar. He had been getting benefits for about 8 yrs prior to his lock up.

    • Kay Derochie

      Dear Nina,

      The determination on whether he is now eligible based on your family income and assets shouldn’t take more than a month or so; however, the overpaid money will have to be collected. If they can’t get it back from his mother, it may have to be collected from his current benefits.

      Sincerely,
      Kay

  • Dave

    When my son was 16 years old he was convicted of a felony. He just applied for SSI due to being mentally challenged and was approved. I noticed on the paperwork it stated he hadn’t been convicted of a felony and isn’t on probation. He was never asked these questions during the appointment he had. He also was never incarcerated but he is two months away from completing his 2 year SODA treatment plan. After I notify SSI about this will he still qualify for benefits?

    • Kay Derochie

      Dear Dave,

      Your son’s record should not affect his SSI claim, but you and he should have the information on his application corrected.

      Sincerely,
      Kay

      • Peggy dean

        Since my son got out of jail, 13 years , has many mentall illness , would he be able to get SSD

        • Kay Derochie

          Dear Peggy,

          Your son would not be eligible for Social Security benefits (SSDI) unless he was insured for benefits (had enough work credits) before he went into jail and can prove he was disabled before he went into jail. Otherwise, he can apply for Supplemental Security Income (SSI), which does not have a work-credit requirement for U.S. citizens and some aliens.

          Sincerely,
          Kay

  • Mark

    If ive been out of prison for 60 days snd just was educated on this ssi disability information am i still eligible.or do i still qualify for this?

    • Kay Derochie

      Dear Mark,

      If you received SSI before being incarcerated and you’ve been in prison less than twelve months, you can request reinstatement. If you either did not receive SSI prior to going to prison or were in prison for more than twelve months, and you are disabled now, you can file a claim.

      Sincerely,
      Kay

  • Edward Kapturasky

    I was incarcerated for 3 months for 2 misdemeanors in 2013 (April 29-July 29). I got approved for Ssdi beginning May 2013. I understand that I will not receive payment while incarcerated; however, they told me back in 2013 that because of this I am no longer eligible for back pay, which would have been significant considering I get over $2000/mo. My attorney got paid next to nothing because of this. Is this really the case, and can I fight it with attorney now?

    • Kay Derochie

      Dear Edward,

      If you were convicted in April 2013 and released in July 2013, you were not eligible for Social Security back pay for April through July and your back pay for any period prior to that should have been held and not paid to you until you were released. You are now three years out of your appeals period, so I don’t know that you have recourse, but you could discuss it with your attorney.

      Sincerely,
      Kay

      • Blanca

        Dear Kay,
        My husband is disabled and has been receiving SSDI for a few years now.. recently he was arrested for possession/for sale. Which is a felony. My question is “if he is convicted of possession for sale and ends up doing some time.. will he still be eligible to get his SSDI reinstated? Or will the for sale part of the charge keep him from ever receiving those benefits back?

        • Kay Derochie

          Dear Blanca,

          If your husband is convicted, he will not be eligible for benefits during any month or portio of month after the conviction and sentencing that he is in jail. Once he is released, he can request reinstatement of benefits for future months. If he has children receiving benefits on his record, there benefits will continue while he is in jail.

          Sincerely,
          Kay

          • Blanca

            So to clarify. I understand that he can’t receive his SSDI while in jail.. but I heard, not sure if its true but I was told that possession for sale could stop him from ever receiving SSDI again. . Is that true? It looks like he will be in jail for 6 months. . After the 6 months can he get his benefits backs?

            • Kay Derochie

              Dear Blanca,

              Certain felonies can keep an individual from serving as representative payee for another person’s benefits. Also benefits are not paid for disability that arose from committing a crime or for a disabling injury that occurred in jail. Otherwise, benefits will start with the first full month he is out of custody. Though remember that benefits are paid the month following the month for which they are due.

              Sincerely,
              Kay

  • Argenis Rodriguez

    Hi.. Iam in a halfway house now. Just came out of prison on Feb 26 2016 .. Iam just wondering can I receive SSI for anxiety, depression, and Lack of sleep… I just received meds for those issue, from my doctor.. . Can I receive SSI for this issues ? Or iam I going to be denied because of my criminal record?

    • Kay Derochie

      Dear Argenis,

      Whether or not you can be approved for Supplemental Security Income (SSI) depends on the type of halfway house you are in, whether you are confined to the house at night, and whether you are indirectly under control of a penal institution. You can file an application to find out.

      Sincerely,
      Kay

  • Deborah

    My son has not been convicted but incarcerated waiting for his preliminary hearing. He has just started receiving his SS disability,waiting on his back pay. When arrested, he left his benefits card and info in his apartment which was gotten by the mother of 3 of his children (he has five). Is there anything I can do as his mother to get a new card so is money will be safe until he goes to court and will his children still receive their benefits?

    • Kay Derochie

      Dear Deborah,

      If your son is convicted and sentenced to serve thirty days, he will not be eligible for benefits during incarceration and his back pay will not be released if it hasn’t been until he is released. The children’s benefits are not affected by his incarceration.

      I suggest that you discuss the matter with Social Security. They could suspend your son’s benefits until his status is known or have the Treasury Department withdraw his funds from the card to guard against fraudulant loss of the money. If the children are eligible for benefits, their mothers who have custody should apply to be payee for the children and receive the children’s benefits with separate DirectExpress cards or bank accounts.

      Sincerely,
      Kay

  • Jim B

    I am not sure how this would be classified? Fraud? I know someone who collects benefits due to an accident. However, the accident was due to him being intoxicated(guess that was hush hush!). So for about 3 years now he continues to have a severe drinking problem which then results in him getting arrested. He was placed on probation which then he violated. He then was put in jail multiple times, which one time was even for 60days. He got knew charges and was placed on parole. Now, with all that he also was court ordered to carry a portable breathalyzer at all times. At one point they let him discontinue that device but then once again he was arrested and now has that device again. He is in no way disabled that’s for sure. He functions in everyday life with no medical or mental issues. This just makes me sick because there are people who fight to get benefits and truly need them, and someone like him lies and scams to get benefits. I am not sure if this is fraud or what? Any advice??

    • Kay Derochie

      Dear Jim,

      You have the option of making this report to the Social Security Administration. You can do so and ask to remain anonymous. They will then investigate whether the person is no longer disabled, whether benefits should have been stopped during the sixty day incarceration, and/or whether his only disability is alcohol dependence for which benefits are not payable.

      Sincerely,
      Kay

  • Kate

    My kids were receiving child support payments from their father which recently stopped. He had been receiving SSDI until recently convicted and sentenced to serve time. Are the kids under 18 still eligible for those payments since his are suspended? If so, do I contact SS directly or child support enforcement?

    • Kay Derochie

      Dear Kate,

      If the payments you refer to for the children are coming from the Social Security Administration, the children may be receiving Social Security dependent benefits on their father’s earnings record, not child support and the benefits. If so, the dependent benefits will continue while their father’s benefits are suspended due to conviction and incarceration. You should, however, report that he is in jail. (If the children were also getting child support that was being withheld from their father’s benefits, that will stop during the time the father’s benefits are suspended.

      Sincerely,
      Kay

  • marty

    i was sentenced in feb of 2014 just got out 2 of 2016 they said i had to reapply will i have to fight them all over again?

    • Kay Derochie

      Dear Marty,

      If you were receiving Supplemental Security Income (SSI), a new application is required because you were ineligible for over a year. If you were receiving Social Security Disability (SSDI), you should not have to file a new claim, although you might have to undergo a Continuing Disability Review (CDR) if one was scheduled for you while you were in jail. In either of these situations, you have to prove you are currently disabled.

      Sincerely,
      Kay

  • Amy

    Hi, my husbands SSDI which he is suppose to be on for life was suspended in 2002 for a probation violation warrant, We went to the SSA office to see about getting his benefits reinstated under Clark v Austure, we were told that the suspension is only good for 1 year after which he must reapply. Is this true or are they just trying to discourage him?

    • Kay Derochie

      Dear Amy,

      Supplemental Security Income (SSI) requires a new application after twelve months of suspension related to incarceration or suspension due to a parole violation. Social Security Disability (SSDI) typically does not.

      If your husband’s SSDI benefits were suspended and not terminated, he should not have to file a new application. However, because fourteen years have passed since he last received benefits, he would likely have to prove that he is still disabled and have a continuing disability review. The medical proofs would be the same, but there is a big difference between a new application and request for suspension to be lifted. If he has not been working since the suspension, he will not longer be insured for SSDI. If he hasn’t been working, I suggest that he make a formal request for reinstatement of suspended benefits supported by the documents that show the date of the probation violation and the date he was off probation.

      Get an attorney if needed. When you hire a Social Security attorney, you do not have to pay any legal fees up front and you will pay attorney fees only if you are approved for benefits. Social Security law sets the amount your attorney can charge, and the Social Security Administration pays the attorney directly from your retroactive award before they send your back pay to you.

      Sincerely,
      Kay

  • Crystal

    I was convicted on November 2015 with drug charges and I have been diagnosised with bipolar, Post traumatic stress disorder, borderline personality disorder, and manic depression. I longest I’ve kept a job was 4 years 2010-2014, and ever since then I have had trouble keeping my job because of my anxiety around people. If I could get any info on where to start it would help. Thank u

    • Crystal

      Oh yeah, I got 3 years probation and $209 fine from conviction

    • Kay Derochie

      Dear Crystal,

      You can file an application for Social Security Disability (SSDI) and Supplemental Security Income (SSI) disability. If you are disabled, you may qualify for one or both types of benefits. You can read about SSI and the difference between SSI and SSDI in the articles under the SSI tab on the navigation bar at the top of this web page. Information about starting an application can be found under the Apply for SSD tab.

      Sincerely,
      Kay

  • Paula Redmond

    Hi, I was wondering arrested January 19, 2016. I didn’t go to court until February 29. I was in jail this whole time, total of 49 days awaiting trial. When I went to court I was convicted of two misdemeanors and then released that day for time served. I receive both ssa and as I. Tonight, I found out I have no pending deposit for as I. What do I need to do?

    • Kay Derochie

      Dear Paula,

      Both Social Security and SSI are supposed to be suspended if you are incarcerated for thirty days after being convicted and sentenced. Because you were not in jail after conviction and sentencing, I believe that your benefits should not be interrupted. I suggest you check with Social Security if you do not receive either of the benefits. Take proof of your release after conviction.

      Sincerely,
      Kay

      • vernette morgan

        My son was aporoved by a judge, was waiting on his vack pay but went to jail, my daughter was assigned to be his payee, but he was sentenced. Yesterday, can my daughter still receiceve his back pay

        • Kay Derochie

          Dear Vernette,

          Your son’s SSI back pay for the time before he was convicted and sentenced cannot be paid until he is released from jail. His sister should report the date of conviction and sentencing right away. If payment has already been issued, the portion paid for the month of sentencing and after should be returned, and she should hold most of the SSI benefits for your brother until he is released as he will need funds to get up in housing and cover expenses until his benefits are reinstated. She should use only a small amount for his personal needs while in jail. When he is released, he and his sister can take the release papers to Social Security and request reinstatement. If he is ineligible for benefits for twelve months, he’ll have to file a new claim.

          Sincerely,
          Kay

  • SGC

    What regulation governs Social security benefits if you go to a county jail? Recipient just started receiving early retirement Social Security benefit only. He is held in the county jail pending court date in July. Could be sooner, but not guaranteed. Do we report it to SS and tell them to suspend the benefit?

    • Kay Derochie

      Dear SGC,

      If the recipient is convicted of the crime and sentenced to jail, he or she must report the conviction to Social Security. If the sentence is thirty days or longer, the individual will not be eligible for benefits beginning with the month the sentence starts. For example, if the person was convicted in July and sentenced in August, benefits for August (paid in September) would be suspended or if paid would have to be returned. If dependents receive benefits on the convicted person’s earnings record, their benefits will not be suspended.

      Sincerely,
      Kay

      • Clara scott

        My uncle went to jail for stealing and never reported want his benefits stop is the ssi find out

        • Kay Derochie

          Dear Clara,

          Someone needs to report your uncle’s incarceration if he has been convicted of the crime, not just being held for trial.

          Sincerely,
          Kay

  • I live in Louisiana, I went to jail on a felony on something I did not do. So I wouldn’t take no plea on any thing they offer me. I told them I wanted a jury trial after in jail for 7 months they change my charge to a misdemeanor because they did not want me to have a jury trial. The judge found me gilty and just said time serve and pay the public defender $45, with no court cost no finds. They stop my SSD 30 days after I was in jail. I was in jail 7 months with out a conviction. The first thing the judge ask me was am I going to appeal her conviction, the judge knew they took my SSD the first 30 days I was in jail. Should they have took My SSD before a conviction or not, I am going to appeal her conviction but I’m going to hire a attorney and I’m going over turn her conviction, when I win will I get back pay on my SSD

    • Kay Derochie

      Dear Tracy,

      I suggest that you appeal the suspension of your Social Security benefits on the grounds that you did not serve any jail time after you were convicted. If the Social Security appeal is unsuccessful but you win the criminal appeal, you will definitely be due all the money that was withheld while you were in jail.

      Sincerely,
      Kay

  • liz

    My husband went to jail for seven days and he got bailed out and he was convicted of the crime a couple years ago, we got a letter today asking if he got convicted of any crime if we say yes what will they do

    • Kay Derochie

      Dear Liz,

      If your husband did not spend thirty days in jail after the conviction, the conviction will have no effect on his benefits. The only exception is if he became disabled while committing the crime or incurred an injury-based disability while in jail.

      Sincerely,
      Kay

      • liz

        No he has been on disability for over 10 years so everything is fine?

        • Kay Derochie

          Dear Liz,

          It sounds like it.

          Sincerely,
          Kay

  • Stacie

    Hello Kay,

    I’m starting the process of applying for disability (ssd); I’m meeting with an attorney in late March that will help me with the whole process and this is my 1st time applying. When doing the attorney’s questionnaire, one of the questions was “have you ever been incarcerated?”. In 1/2006 I did 5 days in county jail for a misdemeanor theft (a pair of $30 earrings) and in 12/2011 I was charged with misdemeanor passing of a bad check (Rent check bounced and upon our bankruptcy attorney’s suggestion we put it into a chapter 13 bankruptcy. When we told the landlord we filed and included the check and that he’d get small payments from the chapter 13 trustee, he got pissed. The landlord is drinking buddies with the judge in my case, the county law director, and the public defenders office. I was told by the public defender to plead guilty or do at least 6 months in jail; he said our bankruptcy didn’t matter. Even though the check was being paid through bankruptcy the judge order the check, restitution, court cost, and fines grand totaling $1500 to be paid in a month or go to jail. The judge also ordered 2 years of unsupervised probation. I wasn’t arrested and didn’t do jail time but I got screwed hard. I guess that’s what happens when you live in a small town.). My question is, will those charges have any bearing on getting approval for disability (ssd) even though the one charge I did 5 days in county just over 10 years ago and the other I did no jail time? I have severe anxiety about this and am worried that I’ll get denied right off the bat and trying to get approval will drag on for years.

    • Kay Derochie

      Dear Stacie,

      Your criminal record will not affect your application for disability benefits. You might ask the attorney the reason for the question and also explain the circumstances to him or her as you have to me.

      Sincerely,
      Kay

      • Stacie

        That eases my mind a bit and I intend on asking. I have another question. My disable date is 9/30/2013, will SSD back pay that far or is there a cap? I was told SSDI back pays up to the 12 months prior to approval (not sure if that’s true) and was wondering if there was something like that for SSD.

        • Kay Derochie

          Dear Stacie,

          SSDI and SSD are both abbreviations for Social Security Disability. Benefits will begin the later of March 2014 or twelve months before the month in which you filed your initial application.

          Sincerely,
          Kay

  • Patrice Currin

    My boyfriend filed for disability in August 2013, he went to jail October 2014. We had a hearing January 28, 2016. The judge allowed us to postpone to try to find a lawyer to represent him. That’s not working too good. BUT my question is will he receive the back pay if approved up until the time he was incarcerated? I need to know this.

    Thanks

    • Kay Derochie

      Dear Patrice,

      If your boyfriend is approved and he has been convicted of a crime for which he is being incarcerated, his benefits will not be paid until he has been released from jail. At that time, the only benefits payable will be for months he was not in jail convicted of a crime. If he has children who are eligible to receive benefits on his earnings record, the children’s back pay and regular monthly benefits will be paid for all months including those for which their father’s benefits were suspended.

      Sincerely,
      Kay

  • Donna Morrison

    My 11 year old grandaughter is now livig with us ad erfater was on ssdi before he was convicted of murder can she collect any his ssid or some sort of monetary help from ssdi .

    • Kay Derochie

      Dear Donna,

      If your granddaughter is otherwise eligible for Social Security dependent benefits, she can continue to receive those benefits while her father is incarcerated. (His benefits will stop.)

      Your next step is to apply to be your granddaughter’s representative payee. Take your her social security number and her father’s, if you have his, when you go to the local office.

      (A note: it is possible for a worker to be insured for benefits for himself but not have a sufficiently strong work history to provide a benefit for dependents, so if she was not getting benefits prior to his conviction that could be the reason. Benefits are payable if the family maximum benefit is greater than the worker’s benefit. This is true even if the worker’s benefits are suspended.)

      Sincerely,
      Kay

  • Jonqul

    My husbands uncle has been in jail in April 2015. He went to trial and got prison time. Does the courts tell ssa to suspend his benefits? His wife took all his money out of checking account ahe is not on the account. But has his card and knows his pin number so she removed all of the money which was close to 10,000. She doesnt drive will the persin who took her be in trouble if the ssa finds out?

    • Kay Derochie

      Dear Jonqul,

      Your husband’s uncle is not eligible for benefits beginning with when he was convicted of the crime and will not be eligible until he is released. If the money in the account was money that was incorrectly paid, it should be returned to Social Security. If it was not incorrectly paid Social Security benefits, the Social Security Administration would not be involved. I suggest that you get legal advice regarding your other question about the driver.

      Sincerely,
      Kay

  • Larry

    My wife was convicted of possession of cocaine in 2004, given probation and a fine. I paid around $400 of the fine, there’s about $1200 outstanding. We moved from SC to TN in 2005. Her SSDI payments were stopped because the fines were not paid. We were told that after 0 years her SSDI benefits would be reinstated. In May 2015 we went to the SS office to get her benefits reinstated. Were told at that time there was no 10 year thing, her benifits would be held until the fine was paid.

    Is she entitled to her benefits after 10 years or not? Will she receive back pay once her benefits are reinstated? Can her benefits be reinstated and 15% withheld to pay the fine in SC?

    What should we do, we are destitute and can not pay the fine at this time.

    • Kay Derochie

      Dear Larry,

      I have not heard of this situation before–having benefits withheld because of unpaid fines. I think that your wife needs legal advice; perhaps she can find a free legal aid service that could advise her. (One source might be the Southern Poverty Law Center.) I am also wondering whether there is some confusion and her benefits have been suspended because it was thought she was incarcerated not put on probation.

      If it is, in fact, correct that the benefits should have been suspended (which I doubt), it would seem to me that perhaps she could ask to have part of the withheld back benefits be used to pay the fine; however, I am basing that on logic rather than definite knowledge.

      Sincerely,
      Kay

    • Tina

      Hello I would like if I was convicted of a crime and had to go to jail for two years can my son receive back payments because his supplemental security income was canceled because there was no payee available I did reinstate him and he is now receiving benefits does he qualify for retroactive payments are any back payments while his case was closed he was receiving benefits since he was five years old he is now 18he lost his check for two years I was the one convicted of the crime not my son

      • Tina

        I meant to say I would like to know if my son can receive back payments after he is reinstated for his supplement security income I was his payee for 11 years I got convicted of the crime and went to jail for two years not my son his check stopped because there was no payee available now that he is reinstated I am his payee again should I apply for a back payments for the time they stopped his check while I was incarcerated not my son

        • Kay Derochie

          Dear Tina,

          Please see my response of a few minutes ago to your first comment.

          Sincerely,
          Kay

      • Kay Derochie

        Dear Tina,

        I doubt that an underpayment going back more than twelve months can be paid. If the claim was suspended and not terminated, some back pay might be attainable. It it was terminated then it is less likely; however, I suggest that you or your son apply for the unpaid benefits to find out for sure. You will need to provide information regarding his income and living arrangements during the time for which you are claiming benefits.

        Sincerely,
        Kay

        • Tina

          Thank you very much for your time and your advice I made an appointment with the Soc security office.

          • Kay Derochie

            You are welcome, Tina.

        • Tina

          Hi again I want to mention that in his award letter when his SS I was reinstated it also indicates that he is paying back and overpayment I am fully aware of that from five years ago. And they are now and before taking money out of his check for reimbursement which is fine if he is awarded 12 months unreceived benefits do you know if they will take the money for the overpayment are let him have it are will I be able to negotiate something with them

          • Kay Derochie

            Dear Tina,

            I suggest that you go on record asking that they only hold the same amount of each month’s back pay as they were holding out of ongoing payments. For example, if they were holding $100 a month, that they only withhold $1,200 of the back pay.

            Sincerely,
            Kay

  • Byron

    I am 16 my father passed away in 2008 making me eligible for ssi … i was recieving checks up until December 2012 my payee was requested to go to the ssa office and never went so they suspended my benifits in may 2013 i went to juviille hall from there i went to probation group homes and camps i was released in may 2015. I went to the social security office and they said although i was suspended i was approved since 2012 and that i was eligible for back pay and now today i went to the office and they said since the back pay is so much money it has to be investigated by the payment center will i get back payment for the time i was incarcerated? Or will i get back payment from January 2012 – may 2012 & from may 2015 – to the month i last applied for benifits ? Or how will it work ? Thanks in advance appreciate it

    • Kay Derochie

      Dear Bryon,

      Your Social Security Dependent benefits (not SSI), should probably resume the month or the month after you moved into the probation group homes and camps because you were no longer incarcerated.

      Sincerely,
      Kay

  • Nikki Toliver

    My mom has been receiving social security disability for over 15 years because she had cancer 3 times & can no longer work. She also receives my dads ssd because he is mentally ill. She recently got charged in the state of Texas with possession of controlled substance over gram under 5. She is about to sign for probation, will she lose her benefits if convicted of a drug felony? Will my dad lose his?

    • Kay Derochie

      Dear Nikki,

      As long as your mother is not incarcerated for the conviction, it will not affect her benefits. The money she receives on behalf of your father is your father’s so it is not affected.

      Sincerely,
      Kay

  • Rendy

    I have been charge with a misdemeanor. Was not arrested just give a citation. Will I lose my disability.

    • Kay Derochie

      Dear Randy,

      Incarceration after being convicted of a crime causes suspension of benefits. If you are not incarcerated for thirty days after conviction, benefits will continue.

      Sincerely,
      Kay

  • Jimbo

    Hello, my daughter is serving a 25 year prison sentence. She has been in prison for 7 years so far. She heard that she could file for SSI or SSDI now, which would start paying the month after she’s released because after one is imprisoned for 5 years, one is assumed to be mentally disabled. Is this correct? Doesn’t sound like it to me. Thanks.

    • Kay Derochie

      Dear Jimbo,

      Incarceration does not result in presumptive disability. If you daughter is disabled shortly before she is about to be released (three months), she can apply for Supplemental Security Income (SSI), assuming the law doesn’t change between now and then.

      Sincerely,
      Kay

  • Jac

    My daughter’s father receives social security disability and so she also receives a check. If he is convicted of a felony, will she lose her benefits, or just him?

    • Kay Derochie

      Dear Jac,

      Your daughter’s benefits will continue even if her father is convicted and incarcerated.

      Sincerely,
      Kay

  • My son’s social security stopped August 2014 and we went through appeal process and won Oct 2015. Because we wanted to wait for the out come we choose to have payments stopped. I was told he will not receive back pay because i should have kept the payments coming until a decision was made. Is that correct? Shouldn’t he receive back pay if they state that his disability never ended?

    • Kay Derochie

      Dear Adrienne,

      Your son should receive back pay beginning with the month that benefits previously stopped, assuming the appeal resulted in a determination that he never recovered.

      Sincerely,
      Kay

      • Hello Kay

        The letter I received from Social Security states that his disability never ended and that his payment will continue. So why am I being told that he will not receive back pay if his disability never ended? I had payments stopped until a decision was made because i wanted to protect myself if he didn’t win his case. I was told that i shouldn’t have stopped his payments. So he will not receive back pay for my decision not to keep payments coming until they made a decision. Is that true?

        • Kay Derochie

          Dear Adrienne,

          Please see my last two responses to this same question.

          Thanks,
          Kay

    • Kay Derochie

      Dear Adrienne,

      This does not seem correct. I recommend that you be shown the regulations that say that benefits are not payable back to when they ended. If you are not shown such regulations, I suggest that your file a formal appeal and follow all the way through the appeals system if needed.

      Sincerely,
      Kay

      • Thank you Kay for your advise

        • Kay Derochie

          You are welcome, Adrienne.

  • If you go to jail and bond out until hearing or court date & judge gives probation 2 to 4 year with restitution plus conservertor asign why or how long to be reinstated to ssidi benefits need some orientation on this or advice?.

    • Kay Derochie

      Dear Luis,

      If you were not in jail after you were convicted, your disability benefits should not be suspended. If they have not been reinstated after thirty days, I suggest that you ask your local office to follow up to the payment center.

      Sincerely,
      Kay

  • Kay Derochie

    Dear Ron,

    I cannot post third-party referrals or advice; so you post is not visible. I did look at the sites that you mentioned.

    Sincerely,
    Kay

  • arin

    I am 50 yrs old, I was involved in a misdemeanor recently, I have worked good jobs for 25 years & pain social security tax, would I be eligible for full social security retirement when I am 62 or 65 years old

    • Kay Derochie

      Dear Arin,

      Your misdemeanor will not affect your retirement benefits; however, benefits are suspended if the beneficiary is incarcerated.

      Sincerely,
      Kay

  • Melissa Gibbs

    Hey me and my boyfriend filed for ssi a couple years ago, I’ve been denied and appealed both of us, social security let us put our case together, with me as the head, since than my b.f. has been convicted of a drug charge, he was sentenced for it in October 2014 he comes home October 2015 (Saturday) ,I’ve continued with my case which is now in the hearing state, no date set yet, I have not received anymore mail for him from ss. Will his incarceration effect his application? Will he have to start over? Since he has been there a year? How do I help going about this? I just hired myself a disability representative, which feels our cases should be handled separately, because of his prior long incarceration before me, might affect my judgement in court. And he also said he is not knowledgeable about disability and prison, he would be the first case for him of that kind…. I live in the state of NC, he is charging me 25% is that too much? If so I signed the contract already, but could I find someone foe less with the same knowledge of disability laws? And where thanks ahead for taking your time on me.

    • Kay Derochie

      Dear Melissa,

      Social Security attorneys can charge 25% (up to $6,000) according to Social Security law, so most do. Therefore, I doubt you will find someone who will charge less.

      Your and your boyfriend’s claims are separate. Medical eligibility for each of you is determined separately.
      You need to make it clear to Social Security that you and your boyfriend are not married so that your financial eligibility will be determined separate.

      Your boyfriend needs to notify Social Security that he was incarcerated if he still has an appeal pending. He needs to say that he wants to pursue the appeal on his pending claim for the time prior to his incarceration and, if he is still disabled he also needs to file a new claim begin after his release. (If he went into jail in October 2014 and was released in October 2015, he was ineligible for SSI for twelve months, which terminates eligibility and requires a new claim.)

      Sincerely,
      Kay

  • Kim

    If a person worked before going into jail for 10 years or more and was sentenced to 15 to 18 years which were felonys are they eligible for Ssi when getting?

    • Kay Derochie

      Dear Kim,

      The person would not be able to get Social Security Disability (SSDI). He or she might be eligible for Supplemental Security Income (SSI), which does not have a work-credits requirement for citizens and some legal aliens. The SSI application can be filed three months before a definite release date.

      Sincerely,
      Kay

  • linda garber

    im applying for ssi and i already receive disability.I have a misdemeanor charge and im on probation for it …will i still be approved and need to report i am on probation to ssi?

    • Kay Derochie

      Dear Linda,

      Being on probation will not keep you from getting SSI, as long as you are not living in a government-controlled halfway house.

      Sincerely,
      Kay

  • david

    I have recently been arraigned for marijuana cultivation and third degree felony due to the amount the county metros claimed I had. pre trial is 9/28 . according to my recent evaluation I am eligible. ohio has affirmative defense law saying “if it was for personal consumption , the state can drop the charges to a fifth degree felony or a misdemeanor” . I was not incarcerated and have plead not guilty due to the amount I am accused of having . on my evaluation it states I am to notify the social security office of any accusations . will this affect my ssi benefits when I report the accusations? I was never arrested but had to be finger printed and a mug shot . I understand if I am incarcerated for 30 days I will not be eligible and, if more than a year I will have to refile.

    • Kay Derochie

      Dear David,

      Because the application said to report accusations, do report it. Your application should not be affected by the charges if you are not convicted and are not incarcerated. However, the nature of the charge, may raise the question as to whether you disability is contributed to by drug addiction. No benefits are paid for disability caused by drug or alcohol addiction.

      Sincerely,
      Kay

      • david

        I have several health issues and when the judgement was made for my disability the judge stated my marijuana use was not the issues on which her judgement was made. so that should not be an issue . I am assuming I will get probation if I plead to a lesser charge. I have a clean record and I am 57 years old. thank you very much . it was a routine yearly evaluation that states to report and I will report it . again thank you .

        • david

          in reading again it states “if a warrant was issued for arrest or if I have a state or federal warrant issued or parole or probation violation” I have to report it . the document says “in lou of arrest to report to court for arraignment.” do I still need to report it.

          • Kay Derochie

            Dear David,

            I would say that you have to report the arrest warrant; however, it may be advisable to get legal advice.

            Sincerely,
            Kay

        • Kay Derochie

          You are welcome, David.

  • brook

    I got a citation for no driver’s license or no insurance on my vehicle at that time I went over there and I made the payment arrangements I was not able to do they pick me up for warrants and I paid it off to get out was it considered a felonyI spent 8 hours in jail.

    • Kay Derochie

      Dear Brook,

      Your violation is probably not a felony; however, I suggest that you check with the court where you paid the fines to be sure.

      Sincerely,
      Kay

    • Kim

      If I’m getting back child support and he goes to jail will the payments stop that they are taking from his SSI check? It being garneshed for years of back child support – my kids are grown now.

      • Kay Derochie

        Dear Kim,

        Because your children’s father is not eligible for benefits while in jail, there are no benefits from which to withhold money for back child support; therefore, you will not receive any payments until he is out of jail and receiving benefits again.

        Sincerely,
        Kay

  • Charles

    If I’m my boyfriends payee he got arrested and they took his ssi card and they going to pay for his fines how do they do it when the name of the card says the payees name on it

    • Kay Derochie

      Dear Charles,

      First, SSI is not payable to anyone who is incarcerated for thirty days or a full calendar month; so you need to notify Social Security if your boyfriend is going to be in jail that long so that benefits can be stopped. If he was jailed in July and won’t get out within thirty days, he will not be eligible for the August payment even though it has already been paid.

      I assume that “they” means the court. Typically, you as payee would have to give permission for anything to be paid from the benefits; however, I don’t know if the court could overrule that. As payee, you have a responsibility to consider whether if the fines are paid in full now, rather than on a payment plan (assuming one can be arranged), will you be able to keep a roof over your boyfriend’s head when he is released. If not, it might be a good idea to convey this information to the court to inquire whether release based on a payment plan would be possible.

      Sincerely,
      Kay

  • Lauren

    Hi I have a question about a friend of mine.there are two young boys receiving Sadi checks for ADHD their aunt has had them for a year while mom is in prison today she got a call that the mom found a loop hole and she will be getting the boys Sadi is this even possible should she be worried about this?

    • Kay Derochie

      Dear Lauren,

      Usually a person who has been convicted of a felony cannot serve as a Social Security representative payee. Your friend can go to the Social Security Administration to discuss the matter if she wants to continue to be payee for the children.

      Sincerely,
      Kay

  • Melissa

    I am my married mentally and physical respreventive payee for ssd.Her husband is facing 2 dui in 4 yrs. Not counting all other times in jail.Can I become her poa and guardian!If so how to I go about doing this?SS office already told him he couldn’t be her representive payee ever,is that true.She can’t speak,write,walk talk.

    Thank you

    • Melissa

      I was saying my married daughter is disabled I am her representive payee.

    • Kay Derochie

      Dear Melissa,

      You need legal advice on how to petition the court to become your daughter’s guardian. I suggest that you contact your state’s bar association to locate an attorney with experience in guardianship law.

      Sincerely,
      Kay

  • Sarah

    My sons father became disabled and my son receives 113 a month from Ssdi. I also receive my child support which is garnished from his fathers ssd. He became incarcerated and his mother received a letter stating he has to pay back his money which my support is included. Do I have to pay that back? And will my support stop as well ?

    • Kay Derochie

      Dear Sarah,

      Your son’s $113 will continue to be paid while his father is incarcerated. You will not receive support payments again until your child’s father is released from prison and his benefits are started again. It is likely that you will be asked to repay the support payments because the money from which the support was collected was not due. In other words, there were no benefits from which to collect the support. If you are asked to repay, you may be able to request a waiver of collection on the basis that the overpayment was not your fault (that assumes that you did not know that your husband’s benefits should have stopped) and that you cannot afford to repay.

      Sincerely,
      Kay

  • Diane

    Hello, I have been receiving my child support through my ex husbands social security, he was arrested and served 4 days in the county then was possibly sent to an oriana house if he has to serve more than 30 days there will the social security benefits stop?

    • Kay Derochie

      Dear Diane,

      You or your ex-husband needs to report his incarceration and assignment to Oriana House. If his stay at Oriana House is treatment in lieu of jail and it is required, it may be that he will not be eligible for at least one month’s Social Security benefits. Your child’s Social Security dependent benefits will continue uninterrupted.

      Sincerely,
      Kay

      • Diane

        Thank you for the info and your time. Very helpful.

        • Kay Derochie

          You are welcome, Diane.

  • Karen

    If someone was locked up on June 29 2015. How long will it take ssi to find out and cancelled the benefits.

    • Kay Derochie

      Dear Karen,

      The person who was incarcerated or someone close to him or her needs to report the incarceration right away.

      Sincerely,
      Kay

      • Lola

        What happens if they were never notified. My boyfriend has been locked up for 2 years and I just found out his aunt is still receiving the checks and cashing them. How do i go anout stopping these payments?

        • Kay Derochie

          Dear Lola,

          I recommend that you go to a Social Security Administration (SSA) office as soon as possible to report what you just learned so the payments will be stopped. Social Security will investigate and your boyfriend’s aunt will likely be liable for repaying and she may even be investigated for fraud. If you live a long way from an office, call 1-800-772-1213 to make the report. (You will need your boyfriend’s Social Security number so SSA can find his record.)

          Sincerely,
          Kay

          Sincerely,
          Kay

  • keith

    hi I just got out of county jail on 7/01/2015 I was put in there on 5/24/2015 my ex wife got my payments the whole time I was in there never reported me being there will I get that money back please let me know thank you

    • keith

      we are not to gether anymore and she got my money I get ssi/ssd

      • Kay Derochie

        Dear Keith,

        I didn’t see this second post when I responded to the first. Please answer the other questions I asked in my response of a few minutes ago so I can reply more fully.

        Sincerely,
        Kay

    • Kay Derochie

      Dear Keith,

      Please clarify a couple points so that I can try to respond.
      1. Were you receiving Social Security Disability (SSDI) or Supplemental Security Income (SSI)?
      2. Is your wife your representative payee?
      3. If you receive SSDI, is the money your wife received while you were in jail your benefit or a Social Security dependent benefit paid for her or your children.

      Thank you,
      Kay

  • Crystal

    Someone I know receives social security and disability benefits. He was arrested for a crime but has not gone to trial yet. His family cannot afford to bail him out so he will remain in jail until his trial. I know his benefits will cease if he is convicted but will they continue if he is in jail? This is his families source of income.

    • Kay Derochie

      Dear Crystal,

      If you friend/acquaintance is convicted, he will not be eligible for Social Security Disability or Supplemental Security Income (SSI) if he is incarcerated for thirty days or more. If his family is getting Social Security dependent benefits, those benefits will continue; however, his will be stopped while he is in jail.

      Sincerely,
      Kay

  • Brooke Harris

    My dad is currently in jail until September or November. His social security benefits stopped of course, but my mom has no money and no way to pay the bills. Can she still receive his social security even if there is no children at home?

    • Kay Derochie

      Dear Brooke,

      If your mother is at least age sixty-two, she can apply for wife’s benefits on your father’s record, but she will also have to apply on her own earnings record if she is insured for her own retirement benefits. She cannot get your father’s benefits.

      Sincerely,
      Kay

      Sincerley

  • Stacy

    My mom and dad have both reached 65. She is still working full time. He is incarcerated and we just found out in April he was diagnosed with ALS. Is she eligible to receive any spouse benefits from Social Security?

    • Kay Derochie

      Dear Stacy,

      Your father is not eligible for benefits because he is incarcerated. I am not sure whether he can apply for benefits just so that his spouse can get benefits.Even if he can, your mother would have to apply for her own reduced retirement to receive reduced spouse’s benefits (assuming they were higher than her own retirement benefit.) Another consideration is that there is an earnings test for getting Social Security benefits when the person is under full retirement age, which for your mother is age sixty-six. There is a one -ollar reduction in annual benefits for every two dollars she earns above $15,720.

      Sincerely,
      Kay

  • Is someone who has been incarcerated for several years,has not worked in 10 years,has been diagnosed as major depression,and anxiety disorder…are they untitled to disability checks?

    • Kay Derochie

      Dear Kevin,

      If the person is disabled after being released from prison and has limited income and assets, he might qualify for Supplemental Security Income (SSI). He or she can apply at an office of the Social Security Administration.

      Sincerely,
      Kay

  • Margaret Madsen

    My niece married her boyfriend while he was in prison. Prior to being incarcerated, he was receiving SSD. Will she be able to apply for benefits as his wife and receive those benefits while he is incarcerated?

    • Kay Derochie

      Dear Margaret,

      Your niece may be able to collect wife’s benefits on her husband’s Social Security record after they have been married one year, if she is at least age sixty-two or has a child of her husband under age sixteen in her care. If she meets those requirements, whether she could get benefits depends on how much work income she has. Currently, gross earnings over $15,720 cause a $1 reduction in annual benefits for each $2 over $15,720.

      Sincerely,
      Kay

  • Jasmin

    my boyfriend was sentenced to 7 years in prison and is currently about to be released in 3 months he has a sort of learning disability from when he was a child is he able to receive any type of assistance when he gets out

    • Kay Derochie

      Dear Jasmin,

      Whether or not your boyfriend is eligible for Social Security or Supplemental Security Income benefits based on a learning disability depends on how severe it is and how it limits him.

      Sincerely,
      Kay

  • Teri

    My husband was sentenced 25-50 years in prison a year ago. He is 61 and I’m 58. Can I receive his Social Security benefits? Or do I have to wait until I’m 62?

    • Kay Derochie

      Dear Teri,

      You will have to wait until you are sixty-two. Your husband will not be eligible for Social Security benefits while he is in prison, but he may have to apply for retirement benefits and have his benefits put in suspense for you to be able to get wife’s benefits.

      Sincerely,
      Kay

  • Jay

    Hi. Today, I was arrested for a misdemeanor amount of marijuana. My friend posted a cash bond and I am out. There is a court date in 3 months. I have no other crimes on my record other than being found with marijuana 12 years ago which was sealed after a program I took. Currently, I am receiving social security benefits for myself and my two kids on behalf of my deceased wife who was a veteran. Is there a chance I will lose my benefits or my kids?

    Thanks

    • Kay Derochie

      Dear Jay,

      If you are convicted of a crime and incarcerated for thirty days or more, your benefits will be suspended while you are in jail. Your children’s benefits will continue to be paid. If you are their representative payee and you are jailed, you need to have someone else apply to be payee while you serve your time.

      Sincerely,
      Kay

      • Jay

        So if I don’t do any jail time, will I have to still worry about eventually losing the benefits? I am out of jail now and won’t have a court date until 7/14 but I will not have to attend because of my attorney. Chances are I won’t serve any time but just curious on whether or not I will lose my benefits. Thanks so much for your quick response!

        • Kay Derochie

          Dear Jay,

          If you are not in jail for thirty days or in some other corrections-controlled facility, your benefits will not be affected.

          Sincerely,
          Kay

          • Jay

            Thanks so much, Kay!

            • Kay Derochie

              You are welcome, Jay.

  • Kathy

    My husband was arrested on April 7th, he was receiving SSI & retirement, he is 70 years old. Will his benefits stop? If they do not, am I entitled to them. If not, do I need to report anything? I recently found out he has given his granddaughter (not mine, his from previous marriage) power of attorney, can they do that since we are legally married and no divorce precedings are even in the world and if so, does that mean she will receive any/all of his benefits?

    • Kay Derochie

      Dear Kathy,

      Your husband is not eligible for Social Security retirement if he is in jail for thirty days or more and is convicted of a crime. He is not eligible for Supplemental Security Income (SSI) if he is in jail thirty days or a full calendar month. You are not entitled to his benefits and neither is his granddaughter. If you are eligible for dependent benefits on his earnings record, your benefits will continue while he is in jail. You should report his incarceration. As far as I know, he can appoint anyone to have power of attorney for him.

      Sincerely,
      Kay

  • Sabina

    My mom has been icaracted since Friday she is 62 and has mental illiness she is on medication what is going happen to her benefits while she is incaracted can she stil get benfits because she is 62 years old and not working that is her only source of income and we wont be able to pay our bills if her payments are suspended

    • Kay Derochie

      Dear Sabina,

      Your mother’s is not eligible for Supplemental Security Income or Social Security benefits if she is convicted and is incarcerated for thirty days.

      Sincerely,
      Kay

  • Donna

    Dear Kay,
    My boyfriend has recently turned himself into jail to have his probation revoked in order to serve out a suspended sentence of 1 year in prison. Im sure he will get some credit for time served while awaiting his sentencing. Will he get his retroactive payments while he is in jail or prison if he has a representative/ payee already established? He is receiving SSI. He He went into jail on 04/14/2015 and is currently awaiting sentencing. Thanks

    • Kay Derochie

      Dear Donna,

      Your boyfriend’s representative payee should report your boyfriend’s incarceration immediately and if the May payment is received, it should be returned. No retroactive benefits are paid for the months that your boyfriend is in jail. If he is discharged before being ineligible for twelve months, he will not have to file a new application when he is discharged.

      Sincerely,
      Kay

      • Donna

        thank you

        • Kay Derochie

          You are welcome, Donna.

  • mary

    Hi i have a friend who was sent to work release for 3 to 6 months on a parole volition he applied for ss what will happen now since he is there with his ss application…

    • Kay Derochie

      Dear Mary,

      Your friend needs to report to the Social Security Administration that he is in a work release program. Depending on the terms of the work release order he is under, he may or may not be eligible for Social Security while in the program.

      Sincerely,
      Kay

  • Diane

    My husband is incarcerated and was told I could get my deceased moms pension is that possible?

    • Kay Derochie

      Dear Diane,

      If you are over eighteen and married, you are not eligible for benefits on your mother’s Social Security earnings record. If she had some private pension through an employer, you can contact the administrator of the pension plan to find out whether you are a beneficiary of the plan.

      Sincerely,
      Kay

  • My fiance and I live in Missouri, I currently received SSI and he’s never applied before but definitely needs to due to both mental and physical disabilities. He will be sentenced in July on two felonies but we are wanting to go ahead and get married before he goes to prison. If he applies now and is found eligible, would I receive his benefits, or would he lose all those all together? I’m asking because he might have to do ten years and being that I’m disabled it’s very hard for me to have the extra funds for visits and funds for all he needs while incarcerated. He’s wanting me to go ahead and apply for him, but I would like to know if would only be a waist of time?

    • Kay Derochie

      Dear Tracy,

      Your fiance will not eligible for either Social Security Disability (SSDI) or Supplemental Security Income (SSI) while he is incarcerated. SSI does not pay dependent benefits. If he is eligible for SSDI, you have to be married for one-year before you are eligible. Once you are eligible for spouse’s benefits, your SSI will be reduced by an amount equal to all but $20 of the spouse’s benefits. You do not say when your finance became disabled, but if it is more than five full months prior to incarceration and past SSDI benefits are due to him for a period before he goes to jail, the money for the period prior to incarceration will not be paid to him until he gets out.

      Sincerely,
      Kay

  • leslie

    My son is receiving child support payments that are being taken out of his father’s disability checks. If his father goes to prison will his child support payments stop?

    • Kay Derochie

      Dear Leslie,

      Your son’s father will not be eligible for disability benefits if he goes to prison; therefore, there will be no benefits from which to collect child support while he is in prison. If your child is actually receiving Social Security dependents benefits, which are paid in addition to the disabled parent’s benefits, rather than child support, the dependent benefits will continue.

      Sincerely,
      Kay

  • John

    I have a relative who gets SSI disability, but was recently arrested and is in county jail, but not yet convicted for the offense that landed him in jail. Can he still collect his SSI check because he has not been convicted yet

    Does it matter if it was a parole violation?

    And do government institutions ever actually take prisoners SSI money for themselves, or does the SSI money just never get paid out when someone is serving a sentence? Thanks!

    • Kay Derochie

      Dear John,

      Someone needs to report that your relative is in jail. Supplemental Security Income (SSI) benefits are not paid to an individual who has been incarcerated, whether or not convicted. SSI is paid to cover shelter and food costs. A person who is in jail is receiving food and shelter at some government (county, state, federal) entity’s expense; accordingly, the money will not be paid out. It will remain in the U.S. Treasury.

      Sincerely,
      Kay

  • ann

    I had went jail on July 9 through oct 3 and i received ssi my aunt had my card with her the whole time I was in jail she was suppose to report it but she didnt and was spending my money for those months I was in jail after I got out I had to get a new card and for this month in March I didn’t receive my benefits and I am trying to fix out what I need to do I called the social security office they told me to come in tommorrow will I still get my benefit back this month if I tell the what happen or will I have to fill out a new application

    • Kay Derochie

      Dear Ann,

      You will not have to file a new application. If benefits were stopped due to the overpayment, you can ask for partial withholding of benefits to collect the overpayment. For me to comment further, I need more information.
      1. Was your aunt your representative payee or did you just give her the card and ask her to report?
      2. How and when did you find out that your aunt used the incorrectly paid benefits?
      3. Have you reported her actions before? If so, have you gotten an overpayment letter?

      Sincerely,
      Kay

  • Crystal Luck

    I have a nephew that has been hospitalized for ADHD and multiple other diagnosis since he was 5. At 17 he was convicted to 16 years for car theft and car jacking. He is coming up on his Parole in the next 18 plus months, is there any SSD or SSi available for him since he has never worked?

    • Kay Derochie

      Dear Crystal,

      He might qualify for Supplemental Security Income (SSI) if he is disabled. Check with the prison to see if they have an early applicaton agreement with the Social Security Administration. If so, the prison will have the necessary application forms and your nephew can apply about five months before his release date. (There has to be a definite release date for him to apply.) If the prison doesn’t have an early application agreement, you can get the application papers from a Social Security office and assist your nephew in filing a pre-release application.

      Sincerely,
      Kay

  • Jen

    Will my daughter lose her social securitys benefits at age 18, if her father is still incarcarated? Or will her benefits continue because he is in prison?

    • Kay Derochie

      Dear Jen,

      Your daughter’s benefits will stop at age eighteen if she is no longer in high school. If she is in high school after age eighteen, benefits will continue to age nineteen or to when she is no longer in school, whichever comes first.

      Sincerely,
      Kay

  • faith daniels

    My ex-husband gets SSD, not SSI. He has severe bipolar. He is facing felony DV charges against me (his representative payee). He missed his arraignment and is now in county jail awaiting a new arraignment and trial date without bond because he failed to appear previously. He has not been convicted, but a new arraignment may take 2 months and a trial another 2 or 3. Since he has SSD and has not been convicted, are his benefits supposed to stop? (the convicted part confuses me!) Since I am the payee, am I responsible for reporting it? Is he? His children get benefits and I know they won’t lose theirs, but I’m not sure if his should stop.

    • Kay Derochie

      Dear Faith,

      As your ex-husband’s representative payee, you have the responsibility to report changes that may affect his eligibility for benefits. If your ex-husband is not convicted then he will continue to be eligible for Social Security benefits while he is in jail. I am unsure whether if he is convicted, his benefits stop the month he is convicted or stop retroactively to when he was first jailed. Please check with the Social Security Administration to clarify this.

      Sincerely,
      Kay

  • Kari

    My husband gets SSD and I am his representative payee. We are still in pretrial still but if the court finds him guilty it will be for a felony. I stay at home to take care of him and if he has to do any time I want to keep money on his books. Will his benefits stop if he has to go away?

    • Kay Derochie

      Dear Kari,

      If you husband is incarcerated and convicted, you must report it and his Social Security will stop. He will be overpaid for months already in jail if he is convicted and this will result in an overpayment. If his has dependents who receive Social Security benefits on his account, their benefits will continue while he is in jail.

      Sincerely,
      Kay

  • Rhonnie

    I married my husband while he was in prison he was receiving social security benefits due to a back injury before put in prison would I be able to collect any of those benefits???

    • Kay Derochie

      Dear Rhonnie,

      To receive spouse’s benefits, you must be either at least sixty-two years old or caring for your husband’s child who is under sixteen. Additionally, you must be married a length of time before becoming eligible. I believe the waiting period is twelve months. Family benefits continue when a disabled worker is incarcerated, but I do not know if they can start during that time. I suggest that you contact the Social Security Administration to find out.

      Sincerely,
      Kay

  • robert saling

    I was incarcerated for 4months last year. After my release my ssd benifets eere taken . I called the ss office and wad told they were taken due to my incaration and now that I have been released I would have to go to the sherriff station and get a letter from them stating that I have been released and go to the ss office to get reinstated. That was several months ago. My mother has sence died and I got a small inherentence which is what i’ve been living on. That money and gone now . What do I have to do now to get my ssd benifets back.

    • Kay Derochie

      Dear Robert,

      Go to the sheriff’s office and get proof of the date of your release if you don’t already have the paperwork. Take it to Social Security and request reinstatement of your Social Security Disability (SSD). You should do this as soon as possible because if you wait too long and your benefits are suspended for more than a year, you might have to file a whole new claim, plus it will take a while to get the reinstatement processed. You will be eligible back to the month after your release.

      Sincerely,
      Kay

  • My son was arrested for misdemeanor when he was psychotic. They did a fast case and had him plea out so he would go to jail to stabilize. Went to isolation cell for suicide risk , problems with medication management. Asked for 51/50 6 times before he was arrested.Went to jail for 10/17 to 11/23/2013.
    I was not aware of jail notification to SSA. I only thought with a felony.
    He is on SSD for adult child on my account and SSI.
    I went in when I got the notice regarding his status. I filed for reconsideration/waiver. They started to take out $50 each month before decision. Eight month later paid back $500.Then stated he should not be paid SSI that month .SSA called and stated to file reconsideration for SSI problem.
    SSA wrote back and said he needed to still pay back money and other office would make final decision. I am to make decision for next appeal within 60 days .Local office sends conflicting inaccurate information.
    Should I ask for appeal for overpayment and waiver??

    • Kay Derochie

      Dear Kitty,

      You would appeal the overpayment if you disagree that your son is overpaid or disagree with the amount of the overpayment. SSI benefits are suspended when a person is in jail for more than thirty days and benefits can be reinstated mid-month upon release. This means that your son was not eligible for SSI benefits from November 1 through November 22. He can be paid for a partial month in November followed by full benefits in December. (He is not eligible for Social Security the entire month of November.) This information can be found in a pamphlet at http://www.ssa.gov/pubs/EN-05-10133.pdf.

      If you agree with the amount of the overpayment, then your appeal would be of the denial of the waiver request. The grounds for waiver are cannot afford to repay (couldn’t pay housing and food costs, particularly) and not at fault in causing the overpayment. Your son is was psychotic at the time so he couldn’t be found at fault, but you were his payee so you need to make a case for why you weren’t at fault. The other reason instead of not at fault would be that it would be unfair. You might make a case for its being unfair to him to collect the overpayment due to your misunderstanding. The last alternative would not to appeal the waiver but ask to have the overpayment collected at a lower rate if current collection rates are causing a hardship.

      Sincerely,
      Kay

  • I am on disability and also am my sons payee, I got caught shoplifting and they said it was a felony.i didn’t do any jail time .i went to court and had to pay a fine will this effect my checks? Please let me know asap PLEASE ( WORRIED) and learned my lesson very sorry . I have a 11 yr old

    • Kay Derochie

      Dear Rebecca,

      The felony conviction probably will not affect your benefits. Felons are not allowed to be payees for other people, so it is possible at some point Social Security will appoint someone else to be your son’s payee.

      Sincerely,
      Kay

  • Matt

    I receive SSDI for aprox. 4yrs now for mental health issues. I am being charged with a felony (domestic) and almost of a 1 1/2 yrs of going in & out of court, I accepted a plea of 10 months home confinement. I didn’t really want to accept it but I really needed this to be over with so I can move on with my life. During my home confinement, will I still be able to receive my SSDI benefits?

    • Kay Derochie

      Dear Matt,

      I believe that you will be eligible for continuing SSDI because you are not confined to penal institution. I recommend that you report your sentence to Social Security to double check.

      Sincerely,
      Kay

  • Zenobia

    My fiancé is being released on March 4 2015. He was receiving SSI benefits prior to his incarceration in 2011. How do I go about applying for the pre release program? Can I apply on his behalf since I have a confirmed release date and knows all his information?

    • Kay Derochie

      Dear Zenobia,

      You can probably do the paperwork for your fiance, however, he will have to sign the application himself. Alternatively, there may be a process set up within the prison for pre-release disability applications. His claim will require a new medical review and determination.

      Sincerely,
      Kay

  • CNP

    Hello,
    I work work for the prisons; I want to aid inmates with severe health problems such as cancer, type 1 DM with applying for disability thru SSI.. Is this possible to initaite prior to their release?

    • Kay Derochie

      Dear CNP,

      As soon as there is a definite release date, the inmate can apply for Supplemental Security Income (SSI) or Social Security Disability (SSDI). If approved, benefits would not begin to accrue until after the inmate was released.

      Sincerely,
      Kay

      • CNP

        Thank you for your time. I am curious if the eligibilty process (application) can be initiated months prior to release. ??

        • Kay Derochie

          Dear CNP,

          The application can be submitted as soon as a definite release date is known and there’s paperwork of some kind to prove it.

          Sincerely,
          Kay

          • CNP

            Thank you Kay.
            My next question, I have been in contact with the SSA in our local area. They are not familiar with the process of how an inmate would start this process on the inside. Can you point me in the direction of the application? Is there a special application since they are still incarcerated?
            Thank you,
            Trina

            • Kay Derochie

              Dear CNP,

              When you know the release date and it is no more than about six months in the future, contact the prison to find out whether they have a pre-release agreement with the Social Security Administration (SSA). If they do, they probably have someone on staff who has the application forms and can tell you about the process. If the prison does not have a pre-release agreement, then as soon as you know the release date, start the application directly with the SSA. The only difference in how SSA handles the application is that if the prisoner is potentially eligible for Supplemental Security Income (SSI), the claim is expedited. If the SSA representative you deal at that time doesn’t know what to do, ask them to check POMS (their procedural manual). You can read about how to apply under the “Apply SSD” tab at the top of each page on this website.

              Sincerely,
              Kay

              Sincerely,
              Kay

  • Cara

    My husband that I am now legally separated from has received SSI benefits (the one that pays on the 1st of every month) and he was arrested in March 2014. His mother is his payee and knows he is in jail yet continues to deceive social security by failing to report he’s in jail. She gets his check every month and just puts his full check amount on his books (his jail account) for him to spend in jail. He is set to be released February 21, 2015 so it’s been 10 months that she has received his payments while he’s been in jail and taken the money to him for him to spend in jail. By the time he gets released it will have been nearly a year she didn’t report his incarceration. Is this not very illegal? What kind of trouble can she get into? She receives the social security for herself that disperses on the 3rd of every month. I just found out that she was still doing this and I’m reporting it t the SSA today, but I wanted to know the legal extent of how much trouble she can get into and what the penalties might be??

    • Kay Derochie

      Dear Cara,

      What your mother-in-law has been doing is illegal. How much trouble she is in depends on whether or not she knew that he was not eligible for the benefits. Your husband is overpaid and how much trouble he is in depends on whether or not he knew he wasn’t eligible. In any event, he is overpaid for the whole time he was in jail. He will not be eligible for reinstatement of benefits until the month after he has been out of jail for thirty days. At that time, his benefit may be reduced to collect the overpayment.

      Sincerely,
      Kay

  • jessica

    If someone is receiving Social Security Retirement benefits and is incarcerated would they be eligible for those benefits to continue?

    • Kay Derochie

      Dear Jessica,

      If the person has been convicted of a crime and is incarcerated, no Social Security benefits are payable. Benefits begin the month after the month of release. If the person has dependents who are receiving benefits on his or her account, the dependent benefits will continue.

      Sincerely,
      Kay

  • CArmen Rivera

    Hello! I have a question if a person is receiving Social Security, and Pension and was convicted for a homicide charge his benefits will be stop automatically. Does the state will know he is in prison and have to pay all the benefits receive while being in there, as well as if the family doesn’t inform that he is in prison. What is going to happen?

    • Kay Derochie

      Dear Carmen,

      Anyone receiving benefits (the inmate and the family) has the responsibility of reporting the incarceration. Benefits to the family will continue, while benefits to the inmate will stop. If benefits continue incorrectly, when it is found out, they will have to be repaid. If he or the family uses the inmate’s benefits knowing it is not due, they could open themselves up to fraud charges.

      Sincerely,
      Kay

  • vanessa

    my daughter received benefit payments on behalf of her disabled father who is currently incarcerated. He came up for medical review and was not able to get in contact with social security due to his situation. His benefits along with my daughters have been suspended.
    Is there any way to get my daughters benefits restored?

    • Kay Derochie

      Dear Vanessa,

      Your daughter is eligible only if her father continues to be disabled. If he is under a physician’s care in jail, he could request that a copy of the medical records be sent to Social Security for their review. If he does so, he should say that he is submitting them to prove continuing disability so his child can receive benefits. His benefits will continue to be suspended because he is not eligible to receive Social Security payments while in incarcerated.

      Sincerely,
      Kay

  • Roger Sigona

    My wife was arrested on 10/17/14 and was convicted and sentenced 12/2/14. She receives SSI benefits. A check came in for October and November. Will another come in December and then stop?

    • Kay Derochie

      Dear Roger,

      Given the months you are inquiring about, I get the impression that your wife receives Social Security Disability (SSDI) which is paid the month following the month for which it is due. If this is the case, she is eligible for the benefits paid in October and November for the months for September and October. She is not eligible for any benefits for the months November (paid in December) and following as long as she is incarcerated. If your wife does actually receive Supplemental Security Income (SSI), she is not eligible for the payment received in November because it is for the month of November when she was in jail all month. If no one has reported her incarceration, you should do so and return any incorrectly paid benefits.

      Sincerely,
      Kay

  • Ka

    dear kay,

    i am my son rep payee..i had a felony as a juvenile ..way back when i was a teenager..does it affect me being his payee and will ssi pay him..we are on the homestretch of recieving ssi payment..done the financial/asset interview already..need advice..

    • Kay Derochie

      Dear Ka,

      If your juvenile record is sealed, nothing should come up.

      Sincerely,
      Kay

      • Amber Showman

        My husband gets disability and so does my daughter. He recently had been told he needs to go to an inpatient rehab for thirty days will he lose his disability and my daughters?

        • Kay Derochie

          Dear Amber,

          Your husband’s and daughter’s Social Security will not be affected by his being an inpatient for medical treatment. One exception is if the inpatient rehabilitation is in lieu of a jail sentence. If that is the case, his Social Security will be suspended, but your daughter’s will continue.

          Sincerely,
          Kay

          • Amber Showman

            Thank you! I just wanted to clarify to be sure. It’s an inpatient rehab for opiate addiction bc of pain meds he was on after his accident, but a government agency is trying to have him go. It’s just not bc of any charges or jail time or anything like that.

  • Mike

    Hi, I’m still receiving SSDI but will be going to prison for 2 years. I know I have to report Social Security to stop payments. When I get released, do I have re-apply or can they reinstate quickly as soon I get released?

    • Kay Derochie

      Dear Mike,

      If you are receiving SSDI (Social Security) and not SSI (Supplemental Security Income), you will not have to file a new application. You may be asked to provide updated medical information to show you are still disabled. You can apply for reinstatement in advance of release if you have a definite release date.

      Sincerely,
      Kay

  • Ophelia

    My children’s father is currently incarcerated. He currently awaiting trial for vehicular homicide. I don’t know what the outcome of the trial would be. He claims to having becoming disabled during his current incarceration. He has faked a few incidents during this time. Which led to being sent to mental facility to determine his competence. He admitted to making false claims so he could go to a mental facility. His disability comes from having to become sober as he’s been a serious drug addict since preteen years. Is he able to qualify for ssdi? How can someone who would openly fake a medical condition be allowed to claim anything if he was trying to get money? He also wants to sue the Judicial system too.

    • Kay Derochie

      Dear Ophelia,

      Federal disability benefits are not payable to individuals who are incarcerated in a prison or a mental hospital or detained in a mental hospital. Benefits could be paid once he is no longer in prison or in a detained as a criminal in mental health facility. Benefits are payable for mental illness, but not for drug addiction. Similarly, benefits are not payable for a disability that arises in the course of committing a felony or due to being imprisoned for a felony. In summary, while it is possible for your children’s father might be eligible in the future, there appear to be a lot of impediments now.

      Sincerely,
      Kay

  • gary

    my son is 15 and I get disability living allowance for him but this stopped 8 weeks ago as he was remanded and sent to a young offenders institution (yoi) he is out now and I phoned them up and they said it was getting reinstated does this mean I will get back dated money for the 8 weeks he was in

    • Kay Derochie

      Dear Gary,

      Your son is not eligible for Supplemental Security Income (SSI) beginning with the month after he was placed in the YOI. His SSI will be reinstated the month after he was released. There will be no back pay to cover the time he was incarcerated because the government paid for his food and shelter while he was detained so SSI is not needed for his food and shelter for those months.

      Sincerely,
      Kay

  • gena

    If my son’s been in a mental hospital for 5months can I still receive his SSI he 9 temporary awarded to the state do to his mental illness

    • Kay Derochie

      Dear Gena,

      If the mental hospital is run by a government entity, your son is not eligible for Supplemental Security Income (SSI) for the months he is a patient. If the hospital is not government run, but Medicaid is paying the bill, then your son is eligible for $30 a month SSI. If you have not reported your son’s admission to the hospital, do so immediately and be prepared to refund the incorrectly paid benefits or to request a repayment plan.

      Sincerely,
      Kay

  • Dana

    I now receive SSDI. What would happen if I voluntarily admit myself to a halfway house for a year. What would happen to my benefits?

    • Kay Derochie

      Dear Dana,

      I will try to respond if you can give me more information.
      1. Are you living in a private home now?
      2. If not, are you incarcerated?
      3. If not, are you hospitalized?
      4. What kind of a half-way house is this?

      Thanks,
      Kay

  • Kathy jombori

    my son father get arrested and im his payee whe share the same apartment ..do I need to CXL his SSI benefit ? because if I do I will loose my home . I don’t know what to do his going to court in january

    • Kathy jombori

      Please give me some advised, I don’t know how to handle situations like that

      • Kay Derochie

        Dear Kathy,

        Your post is not complete. If you like, please try again.

        Sincerely,
        Kay

    • Kay Derochie

      Dear Kathy,

      As difficult as the situation is for you financially, you must report the incarceration to Social Security and have his benefits stopped. If you do not, you are committing fraud. Also, try applying to your state’s health and human services department to receive aid to families with dependent children and food stamps.

      Sincerely,
      Kay

  • reina

    I have a felony only on probation..poss.of cds marijuana )
    my 14yr old son recently got approved for ssi . But S.S. says I can’t be the payee to his benefits because of my felony is that true ? & why is that if im his parent single.mother.since he was born & its only the two of us??

    • Kay Derochie

      Dear Reina,

      Social Security is responsible for trying to see that a recipient of federal money who cannot be his own payee (such as a minor) gets the use of his money. A person with a felony has broken the law in the past and is regarded by the government as not being a good risk for handling someone else’s money. In your specific situation, there is a history of drug use, which could put your child at risk for misuse of his funds. I suggest that you talk with a reliable relative who will receive the money, review your child’s needs and your family budget with you, and pay what is needed for your child directly to the provider–the landlord, the utility company, the grocery store, the doctor, take him clothes shopping, and give your son his lunch money and money to pay for his school activities, a small amount for recreation if possible,etc.

      Sincerely,
      Kay

  • anne

    am reading this info on your website,it is very informative and helpful
    to so many people!!thank you for caring so much for people,even those in prisons!!and their families!
    Thank You!!!

    • Kay Derochie

      Dear Anne,

      I am glad Disability Advisor and I can be of assistance.

      Sincerely,
      Kay

  • Floyd jennings

    Hello I have severed 23 years in prison and been out for 3 months and I have been diagnosed with mental illness and trying to find a job , but my mental stated of mine is keeping me down and I will like to know if im eligible for ssi in the state of michigan .

    • Kay Derochie

      Dear Floyd,

      The only way to find out whether you qualify for Supplemental Security Income (SSI) is to file a claim. You can get an appointment to file by calling Social Security at 1-800-772-1213. Be sure to list all the medical providers who have treated you. If most of your mental health treatment was while you were in prison, it could help to get a copy of your medical records from the prison to submit with your claim.

      Sincerely,
      Kay

      Sincerely,
      Kay

  • susan eagle

    My grandsons father is currently in jail he receives ssi and his earliest possible release date is May of 2016. If I read correctly his ssi benefits will be terminated and he would have to reapply as new? What us the likelihood of his application being denied.? He is capable of working at least part time and I personally would like to see him work full time since he owes me $19453.20 in back child support.

    • Kay Derochie

      Dear Susan,

      I cannot speculate on whether your grandson’s father will be approved for Supplemental Security Income (SSI) benefits upon his release from jail. It will depend on his physical and mental health at the time.

      Sincerely,
      Kay

  • eartha

    Do you receive payments for months you were suspended.

    • Kay Derochie

      Dear Eartha,

      If benefits were suspended due to incarceration or, in the case of SSI, being out of the country, no payments will be made for the months of suspension.

      Sincerely,
      Kay

  • eartha moore

    Will I receive my SSI back pay for the months I was incarcerated after being reinstated. The last time I was released and reinstated I got my payment for that month and then received a letter stating how much would be paid to me for the months I was in jail but it was withheld because of a overpayment so will I get the back pay for the 4 months I was in jail

    • Kay Derochie

      Dear Eartha,

      No SSI benefits are paid for any month you are incarcerated for the entire calendar month. Benefits begin again with the first full calendar month after you are released.

      Sincerely,
      Kay

  • Isaiah S. Gant

    Is there contained sowhere in the Social Security Administration regulations a blanket exclusion from receiving SSI benefits for an individual who has been convicted of Social Security fraud–let’s say the fraud involved regular Social Security benefits, like SSDI? If there is such an exclusion, would you be kind enough to identify for me where that particular exclusion can be found? Thank you in advance for any assistance you may be able to provide.

    • Kay Derochie

      Dear Isaiah,

      I am not knowledgeable regarding penalties for Social Security fraud beyond possible fine and/or imprisonment. I suggest that you ask the Social Security Administration.

      Sincerely,
      Kay

  • Arlecia C

    My 14 was picked up on felony charges in June but has not been convicted yet. The courts are still in pretrial status. What should I do about his benefits?

    • Kay Derochie

      Dear Arlecia,

      You need to report his detention to Social Security right away.

      Sincerely,
      Kay

      • Arlecia C

        Thank you so much for your advice Kay

        • Kay Derochie

          You are welcome, Arlecia.

  • Angel

    My friend went to jail for two weeks. She recieves disability benefits. Will they with hold any of her benefits. They were misdemeanors by the way.Thanks

    • Kay Derochie

      Dear Angel,

      Your friends disability benefits will not be suspended because she was not incarcerated for thirty days.

      Sincerely,

      Kay

  • savannah

    My son receives social security I was convicted of a felony in 2013 would this stop his social security because of my conviction.

    • Kay Derochie

      Dear Savannah,

      Your son’s benefits are not affected by your conviction.

      Sincerely,

      Kay

    • I received s full favorable decision yesterday after 2 denials I was approved at reconsideration with alj had second hearing march 17 dis year took 7 months for the decision all together its been 4 years I went into office today to take my decision letter I was advise to set up an account with my son and I name , which i did when asked if i ever was convicted of a felony, I answered yes I was told that I may not be able to be his payee I was convicted 1999 but there are some acceptions , It depends on the case ! Im his mother what can I do? I was very young my charge was creditcard frad

      • Kay Derochie

        Dear Johnson,

        You can write a letter saying that your felony was a long time ago and that your record has been clean since then. List the reasons that you should be made payee and pledge to use your son’s benefits for him only. Also, be thinking who you trust that you could recommend to be your son’s payee in case your application is denied. If you know someone such as a clergy person who could write a character reference letter for you, that might help as well.

        Sincerely,
        Kay

        • Thanks Kay your infomation us so helpful! We are blessed to have you on this site! Wish me luck fingers are cross!

          • Kay Derochie

            You are welcome, Johnson.

  • Out of the state of ohio…will my child lose disability vendors from her father if he goes to prison? ??

    • Kay Derochie

      Dear Sarah,

      Your daughter will not lose her benefits if her father goes to prison.

      Sincerely,

      Kay

  • S Lane

    My husband has been receiving social security disability due to mental ill ness for ten years. His check is made payable to me, for him. We also have two children ages ten and seventeen that I also receive payments for. My husband has recently been arrested. If he is convicted will my children and I lose his disability?

    • Kay Derochie

      Dear Sadie,

      If your husband is convicted, his Social Security will stop. The children’s benefits will continue.

      Sincerely,

      Kay

  • Georgina Hermsdorf

    I live in Texas and am in a common law marriage to a man with mental health issues and substance abuse issues for which he receives social security disability for and I am representative payee to. It has come to the point he has become domestically abusive and it pretty much looks like things will end up with him in jail (Personally I feel that will only make him worse, that all concerned would be better served if he was committed to a mental health/substance abuse facility for intensive long term treatment) if that happens it will cause me great financial difficulty as I lost my car and job due to his excessive drinking, the rental agreement and utilities are in his name, is there a possibility of my continuing to collect those benefits at least long enough for me to get a car and hopefully get my old job back.

    • Kay Derochie

      Dear Georgina,

      You cannot receive your “common-law” husband’s benefits. They will stop if he is either incarcerated or placed in a publicly funded medical facility. (If he is in a medical facility with Medicaid paying more than half, then his benefit would drop to $30 for the purchase of personal items he needs.)

      If you meet the specific legal requirements to be legally married according to Texas laws that govern common-law marriage,then the Social Security Administration will treat you as legally married. If that is the case, you can receive wife’s benefits beginning with reduced benefits at age sixty-two or full benefits at your full retirement age. Otherwise, you can receive benefits at any age if you are caring for your husband’s child under age sixteen or your husband’s disabled child.

      Sincerely,

      Kay

  • Bonnie

    My mother was arrested 5/28/14. Her bond is too high for my family to bond her out, so she has been in jail for almost 30 days now. I am now taking over her house and caring for my teenage sister. My mother is receiving SSDI benefits. Because she is not yet convicted and still awaiting trial, which is in September, she will still receive her benefits each month unless she is convicted, correct? If she is convicted, is there a way to receive dependent benefits to assist with caring for my sister while she is incarcerated?

    • Kay Derochie

      Dear Bonnie,

      Your mother will continue to receive her benefit; however, if she is convicted she will be overpaid for any month that she is in jail, including the months before conviction. The sister’s dependent benefits will continue regardless of the status of your mother’s benefits. You should apply to be your sister’s payee right away so her benefits come in your name and you can legally manage the money. If your mother is released, she can reapply to be payee at that time.

      Sincerely,

      Kay

  • Maurice

    Can i add a benificiary or add someone as a caretaker or get married to prevent benifits from being stopped if convicted of a felony. I have 6 months before my trial

    • Kay Derochie

      Dear Maurice,

      If you were to marry, any benefits that were paid to your wife would be dependent benefits for her use and would be half of your current benefit. Marriage would not continue your benefits.

      Sincerely,

      Kay

      Sincerely,

      Kay

  • carol

    Both me and my husband receive SSDI, he’s going to jail in a few months. My ssdi check is very small, compared to he’s. Can I get some of his SSdi….so I can have living expenses. I’m 59 and unable to work.

    • Kay Derochie

      Dear Carol,

      You have to be sixty-two years old to receive wife’s benefits from your husband’s record. If your Social Security Disability benefit is less than $741, you might qualify for Supplemental Security Income (SSI) benefits. Contact the Social Security Administration to file a claim as soon as your husband is incarcerated.

      Sincerely,

      Kay

  • Shaela Edmondson

    Hello Kay, my sons father was receiving ssi benefits for shizophrenia before going to prison. We weren’t married but he is on my sons birth certificate can I apply for back benefits or any benefits?

    • Kay Derochie

      Dear Shaela,

      You have posted two questions. This is apparently about your son’s biological father. My response is based on that assumption. If your son’s father was receiving Supplemental Security Income (SSI), no dependent benefits are payable. If he was receiving Social Security Disability (SSDI) benefits, then you can apply for benefits for your son. Usually dependent benefits are limited to six months prior to the month of application.

      Sincerely,

      Kay

  • Rosa Vargas

    My husband has a medical condition that prevents him from working. We applied for disability in Sept. 2011. He was arrested and convicted of a felony in 2013 and was sentenced to 3 1/2 years. I just received a letter from the social security administration stating that there’s a hearing scheduled for his disability claim he filed. He can’t attend the hearing because of his situation. I wanted to know what can he do and if this will affect his claim? He still has the same condition and has been getting medical attention for it in prison. Your help is greatly appreciated. Thank you.

    • Kay Derochie

      Dear Rosa,

      You should help your husband pursue his claim with a hearing because he could be eligible for benefits for the months before he was incarcerated and for benefits after he is released. If he is approved, the back pay will be held until he is released. If any dependent benefits are payable, they can be paid despite his being in jail.

      It would be helpful to get a copy of his prison medical records so that current records can be submitted. You may need an attorney to present the case. If you can’t or don’t want to get one, then have your husband appoint you or someone else to represent him at the hearing.

      Sincerely,

      Kay

  • Janele

    Thank you Kay. What if IT am his Rep Played and he needs hygiene and different things while he is in jail, does he qualify then? If not will he get his back pay? Example his dad passed in April of 2014 he may get out in December 2014 will it retro back when his dad passed?

    • Kay Derochie

      Dear Janele,

      No Social Security or Supplemental Security Income benefits are payable for months that an individual is incarcerated. This means that he will not get back pay. He will first be eligible for benefits the month following his release and the benefit will be paid the month following when it is due. For example, if he were to be released in August, his September benefit would be paid in October. While he is in jail, any hygiene needs not met by the jail will have to be met by private source, such as a relative.

      Sincerely,

      Kay

  • Janele

    Also I was told since we were married in 95 and divorced in 2003 I should get social security also is that true?

  • Janele

    My son is 16 and is incarcerated for 0-2 years. His father just passed away, is he able to received social security because his dad passed?

    • Kay Derochie

      Dear Janele,

      It is my understanding that no Social Security benefits are payable to anyone during incarceration. If you son is under age eighteen (or under age nineteen and enrolled full time in high school) when he is released, he could then qualify for survivor benefits. He can apply up to three months prior to his release, if he has a definite release date.

      You will not qualify for benefits on your former husband’s records. You have to have been married ten years and be old enough or have a child (of your ex-husband’s) under age sixteen in your care. Your son is not under age sixteen and he is not in your care and you were not married ten years, so no benefits are payable.

      Sincerely,

      Kay

  • Amy

    Thank you for all the information, I had one more question about my disability and the federal restitution that I have to pay, do you know how that works with my back pay and my monthly benefit payment if they will take it all or is it a percentage, I do have an offset on my social security number anything information would be much appreciated thank you!

    • Kay Derochie

      Dear Amy,

      I am not sure what you mean by “federal” restitution. Garnishment can occur in the following situations: S

      To enforce child support or alimony obligations under 42 USC 659;
      To enforce a valid garnishment for court-ordered victim restitution under 18 USC 3613;
      To collect unpaid Federal taxes under 26 USC 6334(c);
      To have a portion of your check withheld to satisfy a current year Federal income tax liability under 26 USC 3402 (P); or
      Other Federal agencies will offset benefits to collect money from benefits to pay a non-tax debt owed to that agency according to the Debt Collection Act of 1996 (Public Law 104-134).

      Only a percentage of ongoing benefits will be garnished; however, all your back pay is potentially subject to garnishment.

      Sincerely,

      Kay

  • Amy

    Hi, I was approved for disability back March of 2013 I never received any money due to having to self surrender to prison March 26th 2013.. I did notify social security, I was released to home confinement March 13th and I am on home detention until April 25th.. I went to the office letting them know all these things and I have back pay from before I was sent to prison just sitting there I was in prison for 11 months I guess my question is will I get my back pay and do I have to start all over again with the process.

    • Kay Derochie

      Dear Amy,

      Please clarify whether the benefits you refer to are Social Security Disability (SSDI) or Supplemental Security Income (SSI), so that I can respond.

      Thank you.

      Kay

      • Amy

        Hi it’s SSDI benefits.. Thank you..

        • Kay Derochie

          Dear Amy,

          Thank you for the additional information. Your back pay for months prior to incarceration should be payable to you based on your report of being released from prison. If you were also approved for ongoing benefits, you are still disabled, and your approval did not include a medical review date that has already come up, your ongoing monthly benefits should start also. If you have not received payment within thirty days, follow-up with Social Security. If payment has to be reinstated by the payment center, ask the local office to follow-up to the payment center.

          Sincerely,

          Kay

          • Amy

            Thank you very much for the information, my follow up with a Dr date with SSDI isn’t until 2015.. I was told I wouldn’t get my back pay until I’m off home confinement, which is April 26th..

            • Kay Derochie

              Dear Amy,

              If you are considered under the control of the prison authority, then it is correct that your Social Security would not be paid until you are off home confinement.

              Sincerely,

              Kay

  • Syn Ramirez

    Since i was 9 ive been in and out of hospitals for cuttin my self i am now 31 ive never had my own apt ive been homeless since 17 and still am i have ptsd bipolor impluse controll disorder and adhd i have a criminal record that no one will higher me
    Cuz i do stuff off impluse im going to court no for a felony charge thats seriouse but im getting probation because the jude says i have mental heath issues and i need gelp not jail i been i also had a pcp history i sopped using in april 2013 only had one job my whole life. Ive been applying for ssi since i was 21 igot denyed then again a couple years ago and got denyed am i eligible. Or am i wasting my time mental heath runs in my fam i was born addicted toherion my mom and dad both are skiztos my son has adhd and rescives ssi bolth my parents

    • Kay Derochie

      Dear Syn,

      I suggest that you hire an attorney who is knowledgeable in Social Security and SSI disability law and apply again. You do not have to pay any legal fees up front and you will pay attorney fees only if you are approved for benefits. Social Security law sets the amount your attorney can charge and the Social Security Administration pays the attorney directly from your retroactive award at the time they send your back pay to you. So, it’s all very easy and risk-free.

      Sincerely,

      Kay

  • greg cacopardo

    my brother is a disabled veteran and is incarcerated for 4 years.does his social security continue or not and what should his plan of action be if any?

    • Kay Derochie

      Dear Greg,

      Your brother is not eligible for Social Security Disability (SSDI) benefits while he is incarcerated. They should have been suspended. If he has a definite release date, he can contact Social Security in advance of the release to request that his benefits be restarted. If however, he was actually receiving Supplemental Security Income (SSI), not Social Security, he has to file a new application, which can be done once he has a definite release date. The prison should be aware of the pre-release application process and have application forms available.

      Sincerely,

      Kay

  • rebecca

    MY WIFE BECAME DISABLED IN 2008,WE BOTH HAVE MEET THE CREDITS AND YRS THAT SSD REQUIERS.DOES SHE CLAM HER BENEFITS OR MINE.I DO MAKE MORE MONEY THEN HER.AND IF I WENT TO PRISON COULD SHE STILL RECIEVE DISABILITY IF SHE RECIEVING FROM MY BENEFITS (SSD).HOW WOULD MY WIFE FILE HER DISABILITY USING MY (SSD)IF IAM IN PRISION.ALSO I HAVE A TERMINAL DESEASE IF I BECOME WORSE OR DISABLED WHY IN PRISON HOW MY WIFE GO ABOUT GETTING HER DISABILITY. THANK YOU,AND WE LIVE IN DELAWARE.

    • Kay Derochie

      Dear Rebecca,

      Please clarify the following so that I can answer your questions.

      Am I correct in understanding that you are now in prison?
      How old is your wife?
      Do you have any children under age sixteen and, if so, are they in your wife’s care?
      Were you receiving Social Security Disability benefits before going to prison?

      Thank you,

      Kay

  • Donna

    My son and I applied for his mental disability apx. 4 yrs ago. He was denied and denied again by the judge. We just got the letter two days ago from the appeals board which states that due to a whole list of things they did not agree, the appeals judge has to rehear his case. John was arrested 10 months ago and just today sentenced to serve 3 more yrs. My question is, is there any way that he can still be entitled to his backpay since he was not in jail at the time this all started and if the judge had considered ALL evidence the first time then this would have already been settled. Thank you for your advice Have a blessed day!

    • Kay Derochie

      Dear Donna,

      Your son is potentially eligible for SSI benefits for the months prior to his being incarcerated. If your son does not have an attorney representing him, he does need to appoint someone to represent him at the second hearing–either an attorney or non-attorney–in the event that he cannot be released to attend the hearing. Regardless, the judge needs to be given the date your son what first incarcerated and the date he was convicted (for a felony I assume, given the sentence).

      If he is approved, I am not certain that the money for retroactive months will be paid out while he is in jail. It may be held until he is released. If his approval involves his having a representative payee, it is possible that the money will be paid to his payee to be held until he is released. Note that if he is in jail longer than a year, as is expected, he will have to file a new SSI claim when he is released. He can file a pre-release application once he has a definite release date; he does not have to wait until he is actually released.

      Sincerely,

      Kay

      • Donna

        Kay, thank you very much for your response! I do appreciate your input.

        • Kay Derochie

          You are welcome, Donna.

  • Timika

    I was convicted of a felony in 2004..prior misdemeanor in 1998, since my release of 4 months in jail and my discharge of probation in 2010…I haven’t been able to find employment due to my conviction. ..I have been diagnosed with depression and prescribed zoloft..am I eligible for ssi? Thank you

    • Kay Derochie

      Dear Timika,

      I suggest that you discuss with your psychiatrist and/or therapist whether or not they believe your depression is severe enough to keep you from working. You might try to find out whether there are any organizations in your area that assist ex-convicts in getting back to work.

      Sincerely,

      Kay

  • Max

    My son, 16, receives SSDI benefits based on his father’s disability. His father and I are separated. My son was recently sentenced to a juvenile residential facility for approximately 8 months. Will his benefits stop? And if they do, they can be restarted and will continue until he’s 18? Thanks.

    • Kay Derochie

      Dear Max,

      You need to report to the Social Security Administration (SSA) that your son is a resident of the juvenile facility. The exact type of the facility will determine whether his benefits will continue or be suspended. If his residence is considered incarceration, then the benefits will stop. If the benefits are suspended, they will start again when he is released, assuming that his father is still disabled and eligible.

      Sincerely,

      Kay

  • javier fernandez

    i was reciveing ssi ass a minor i am deaf from my left ear i went to juv for a misdeamener at 16 they stopped my benefits im now 28 how can i get them back

    • Kay Derochie

      Dear Javier,

      If you believe that you are disabled and are not now working and earning $1,070 or more monthly, then you may be eligible for SSI or Social Security Disability benefits. To find out, you will need to file a claim. You can start your claim online if you wish at http://www.ssa.gov or call 1-800-772=1213 to make an appointment to file the claim in person or by phone.

      Sincerely,

      kay

  • ellen

    The father of my child is incarcerated. He was told he could receive benefits because he has a record of being in the disability system since he was a child. I’m sure he will have to wait to be released though to receive anything. Will his child be able to receive anything , like a dependents check while hes incarcerated ? He wasn’t receiving anything before he went to jail, he didn’t reapply when he turned 18.

    • Kay Derochie

      Dear Ellen,

      It sounds as if the father of your child was receiving Supplemental Security Income (SSI) benefits as a minor. SSI does not pay dependent benefits. For any dependent benefits to be payable, the father would have to have enough Social Security-covered work to draw Social Security Disability (SSD).

      Neither program pays benefits to individuals who are incarcerated for thirty days or more. He can apply for SSI and/or SSD three months prior to his release, but benefits will not start until after he has been released.

      Sincerely,

      Kay

      • Jasmine Simmons

        So if the father of my child was receiving ssi for disability
        And from the death of his father before he was incosarated
        With a life sentence will his son be able to receive these benefits now?

        • Kay Derochie

          Dear Jasmine,

          Supplemental Security Income (SSI) does not pay dependent benefits. Your child would not be eligible for Social Security benefits based on his father’s Social Security benefits because the Disabled Adult Child benefits that your child’s father was receiving were not paid on his own earnings record and are dependents benefits, not worker benefits.

          Sincerely,

          Kay

  • sunshine

    I receive ssd n my bf receives ssi if we decided to get married how would our benefits change?

    • Kay Derochie

      Dear Sunshine,

      If you marry, your Social Security Disability (SSD) will not change. Your spouse would become eligible for Social Security dependent benefits after one year of marriage, assuming that your family maximum is more than your primary insurance(benefit) amount. You can find out the amount of your family maximum by calling Social Security at 1-800-772-1213. Whether or not your spouse’s Supplemental Security Income (SSI) payment amount would go down before he (or she) became eligible on your Social Security record would depend on the amount of your Social Security and whether you have minor children. You could visit a Social Security office and talk with a claims representative to get a preview of whether your spouse’s SSI eligibility be affected.

      Sincerely,

      Kay

  • sonny FREE

    while in prison i was approved for ssi by administrative law judge after i was released i year after being approved i was told by SS admin. that i would have to start the whole process over is that correct they said that the year was up while in prison

    • Kay Derochie

      Dear Sonny,

      Yes, enough time has passed since you were approved for SSI while being ineligible due to incarceration that you do need to apply again and get a current disability review to establish that you are still disabled.

      Sincerely,

      Kay

  • Bill.Ward.

    My family member who has been disabled due to a brain injury for several years was found incompetent to withstand trial 2 years ago. He was charged and taken to the medical ward of the jail and then sent to Napa State Hospital when he was found incompetent to go through a trial — for murder. It has been 2 years and still receiving his payment of about a thousand a month. SS Disability has not stopped, even after the family member over looking his finances has supposedly reported his incarceration. He was not found guilty, just incompetent. He will most likely stay at the state hospital since no nursing home will take him. What do we do with the money and the money that has been used for other expenses other than his care since he’s been jail?

    • Kay Derochie

      Dear Bill,

      You need to report the situation to the Social Security Adminsitration immediately. (I recommend going to an office.) If your family member is confined to an institution at government expense because he was found mentally incompetent to stand trial, he is not eligible for disability benefits and his benefits must be suspended. The money he was paid was an overpayment and will have to be returned. The sooner this is handled, the less legal exposure the representative payee will have. If the payee has proof of reporting earlier, such proof should be taken to the office.

      Note: Dependents (spouse or children) receiving benefits on the same record continue to be eligible for benefits.

      You can read more about the law that affects your family member at the follow SSA web address: https://secure.ssa.gov/apps10/poms.nsf/lnx/0202607330.

      Sincerely,

      Kay

  • Lisa

    My father has been incarcerated for over twenty years. he was not receiving any kind of SSI prior to arrest in 1990 when he was only 58 years old. He has grown old in prison and is now 81- My question is how to proceed to collect his SSI for my mother his legal spouse. She is also 81 years old. Thank you

    My father has grown old in prison. 58 years old in 1990 when he first went in, not receiving any SSI and now he is 81. is there any way for my poor mother, his legal spouse to collect his SSI benefits? We have never even tried.

    yu Lisa

    • Kay Derochie

      Dear Lisa,

      Supplemental Security Income (SSI) and Social Security (SS) are two different things. SSI is paid to disabled people and people over age 65, who meet other requirements. If your mother is either a U.S. citizen or in the U.S. legally in one of certain immigration statuses and has income and assets below a certain limit, she may be eligible for SSI. To find out, she needs to file an SSI application with the Social Security Administration. She can start the application by calling the Social Security Administration (SSA) at 1-800-772-1213 and asking for an appointment to apply for SSI based on her age.

      For your mother to eligible for Social Security Retirement benefits based on her age, she has to have worked in jobs where Social Security taxes were withheld. Unless your father was receiving Social Security before he went into prison, no dependents benefits are payable to your mother while he is in jail. Should your father be released, both he and your mother could apply for benefits on his record.

      Sincerely,

      Kay

  • Michael

    Will be sentenced to 15 months prison time soon, I now receive ssi benefits, when I am released what do I have to do…

    • Kay Derochie

      Dear Michael,

      You will have to file a new application to receive SSI after you are released from prison. When you are within three to six months of being released, you can apply for SSI under Social Security’s pre-release program. That will allow your claim to be processed before you are released, but benefits will not start until after your release.

      Sincerely,

      Kay

      • Diana

        Will I receive the payments I missed while I was in prison

        • Kay Derochie

          Dear Diana,

          No benefits are payable for the period of time you were in prison. If you were owed benefits for months before you were incarcerated and they were not paid because you were in prison, those benefits will be released to you.

          Sincerely,
          Kay

  • James Blake

    I was convicted of a felony, sentenced to 16yrs. in prison. I got hurt playing volleyball while in prison. I am truly disabled: a bruised spinal cord with severe mobility issues.
    Although I am willing, I am unable to do any type of work. I’ve always worked before I was incarcerated. I am ineligible to receive any help whatsoever? No exceptions? I’m in North Carolina.

    • Kay Derochie

      Dear James,

      I suggest that you contact state and county social service agencies to see if you can get assistance. With regard to SSDI and SSI, as I understand the published information about exclusion of coverage for individuals who have committed a felony, you would not be eligible. However, you may wish to discuss your situation with an attorney well-versed in Social Security law to see if there any nuances to the law that could help you.

      Kay

      • James Blake

        thank you.

  • James Blake

    I suffered spinal cord injury while incarcerated. I’m being told I have lost all consideration for being approved for SSI because i became disabled while incarcerated. How can this be? I can’t work. What am i supposed to do? Go back to prison? At least then I’ll have food, clothing, and shelter. I need help.Please.

    • Kay Derochie

      Dear James,

      You do not indicate why you were incarcerated. If you were in jail because you committed a felony or were committing a felony (within the jail) that resulted in your disability injury, it is correct that you cannot receive SSI (Supplemental Security Income). With regard to Social Security Disability (SSD), the same exclusion applies if the felony occurred after October 19, 1980. If you committed the crime for which you were incarcerated in a state that does not specify any crimes as felonies, then the same exclusion from eligibility applies if you were sentenced for more than one year.)

      If you were incarcerated for a misdemeanor when you were injured and you were not committing a felony within the jail that led to your injury, then you may qualify for one or both of the disability programs. Also, when you reach retirement age, you may qualify for Social Security Retirement benefits if you have worked enough in Social Security-covered jobs. Reduced retirement is currently available at at 62. Currently, full retirement age with will benefits ranges from age 65 to age 67, depending on the year you were born.

      Kay

      • Thomas Butler

        I went to jail on Oct 25 2013 and was convicted on april 29 of 2014. I was receiving ssdi, can you tell me the last month I should of received a check ?

        • Kay Derochie

          Dear Thomas,

          The last month you were eligible for benefits was September 2013 (the benefit payable in October). When you are released, if you are still disabled, benefits will be payable for the month after release.

          Sincerely,
          Kay