Comments on: May an Incarcerated Felon Receive Social Security Disability Benefits?

By: Tammy Monaco

Tammy Monaco — Fri, 23 Oct 2009 11:49:22 +0000

My brother was recently jailed for six months on an outstanding warrant. There has been no conviction of a felony charge. Charge reduced to misdemdeanor – no sentencing yet. While he was incarcerated we just found that the girlfriend he was living with has been withdrawling the SS money from his account. He was only on the account incase he was unable to get to his account due to illness. It was a savings account setup and she never deposit or withdrew prior to his incarceration. My brother is disabiled. My first questions is would his SS benefits stop because he was in jail? My second question is should we contact SS advising them the girlfried withdrew money intented for him without his knowledge? She took over $4900.

By: Matt

Matt — Sat, 03 Oct 2009 21:01:27 +0000

I live in Florida and have been incarcerated in the Florida D.O.C. a few times and i was just told by a neighbor who is an ex employee of Social Security that i am able to recieve a monthly check. I was wondering if anyone else knows this answer. Thanks!!

By: Cecilia

Cecilia — Tue, 29 Sep 2009 01:19:41 +0000

My husband is being released after serving ten years. His case worker has submitted papers for SSI and he qualifies. He had enough quarters to qualify for SSD up until five years into his ten year sentence. My question is if you are incarcerated for more than five years do you lose your right to file for SSD benifits even if you worked twenty plus years prior to your sentence. He was disabled prior to the five year mark.

By: Jonathan Ginsberg

Jonathan Ginsberg — Wed, 23 Sep 2009 16:45:47 +0000

I believe that you can per 42 U.S.C. 402(x)(2), which reads in part: benefits which would be payable to any individual (other than a confined individual to whom benefits are not payable by reason of paragraph (1)) under this title on the basis of the wages and self-employment income of such a confined individual but for the provisions of paragraph (1), shall be payable as though such confined individual were receiving such benefits under this section or section 223.

By: Jonathan Ginsberg

Jonathan Ginsberg — Wed, 23 Sep 2009 16:43:55 +0000

I was able to find a Social Security ruling – SSR 83-28 which says that when a claimant is incarcerated, "derivative benefits for family members are not terminated." This suggests to me that anyone characterized as an auxilary would continue to receive benefits. I also note that the applicable statute 42 U.S.C. Section 402(x)(2) reads as follows: "Benefits which would be payable to any individual (other than a confined individual to whom benefits are not payable by reason of paragraph (1)) under this title on the basis of the wages and self-employment income of such a confined individual but for the provisions of paragraph (1), shall be payable as though such confined individual were receiving such benefits under this section or section 223."
Therefore it appears to me that an individual receiving auxilary benefits would continue to receive those benefits even while the claimant is incarcerated and not eligible to receive benefits.

By: Jonathan Ginsberg

Jonathan Ginsberg — Wed, 23 Sep 2009 16:25:07 +0000

Social Security retirement benefits are payable to anyone who has worked and paid into the system. You may want to contact SSA directly at 800-772-1213 and/or the office of one of your United States senators to get advice about any recourse you may have in terms of restitution owed.

By: Jonathan Ginsberg

Jonathan Ginsberg — Wed, 23 Sep 2009 16:22:57 +0000

Incarceration is not a disability. A released prisoner could apply for SSI if he/she has a documented medical problem that prevents that person from working. My experience has been that medical records from prison clinics are usually not particularly helpful in proving disability so I would say that a released prisoner with no other medical history would have an uphill battle even with a significant medical problem.

By: adrian hamblin

adrian hamblin — Wed, 23 Sep 2009 15:26:03 +0000

Hi there,
Can my 10 year old daughter or myself collect her dad and my husband social security benefits while he is incarcerated. I can not collect child support he has been in prison for 5 years and still has about 5 more years . he has also worked pretty much the whole time we had been together. please contact me

By: margo rodriges

margo rodriges — Sat, 05 Sep 2009 14:33:24 +0000

hello my husband is awaiting an appeals council hearing due to he was denied by a alj last week .he is looking at 6 months state will the council meet before that or does it take longer and does he have to reaply and start all over,his is ssdi and ssi the lawyer he as is oohh anyway please help thanks please let me know

By: Latasha

Latasha — Mon, 06 Jul 2009 15:26:58 +0000

I want to know if a person was incarcerated for more than 10 years are they entitled to some type of benefits once they are released. They have never received SSI or anything like that but do they get any type of help after being incarcerated for so long.