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Will You Lose Social Security Benefits While in Prison?

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If you receive social security disability or supplemental security income benefits, you’re understandably protective of them. One of the best ways to ensure they continue without interruption is by having a skilled Phoenix disability lawyer by your side. If something happens and your SSI or SSDI end up in jeopardy, your Phoenix disability lawyer can help you take a proactive approach to the situation.

What if you end up in jail or prison, though? People don’t often realize it, but their SSI and SSDI benefits may be suspended or even terminated if they end up behind bars. The Social Security Administration has very strict rules on the books about such situations. The best thing to do, of course, is to avoid ending up in jail or prison in the first place. If something along those lines comes to pass, however, knowing an experienced Phoenix disability lawyer and enlisting his help is the best option.

Social Security Disability Insurance

In the event that you end up in jail or prison, your SSDI benefits could be on the line. Such benefits are suspended if your warrant is for more than 30 days and for “a crime, or attempted crime, of flight to avoid prosecution or confinement, escape from custody and flight-escape […] SSA also may apply the good cause exception to the non-payment rule if the arrest warrant was for a crime that was non-violent and not drug related, and in the case of probation or parole violators, both the violation and the underlying offenses were non-violent and not drug related.” During the month after the month you are released, your SSDI benefits should be reinstated. However, there’s a process to go through; a Phoenix disability lawyer can help guide you through it. You’ll need to provide official copies of your release documents, for instance. Also, it’s up to you to request a reinstatement. It does not happen automatically. Finally, your spouse and/or children will continue receiving benefits while yours are suspended as long as they remain eligible.

Supplemental Security Income

Supplemental security income payments are suspended when you go to prison or jail, and they can be reinstated in the month after the month you are released. As with SSDI benefits, you must request a reinstatement and produce valid copies of your release documents. If you’re locked up for 12 months or longer, though, your eligibility will be terminated, which means you’ll have to reapply. Your Phoenix disability lawyer can help you through this process to increase the odds of receiving your payments again as quickly as possible.

Additional Points

It pays to be aware of all potential consequences when it comes to your benefits. Your Phoenix disability attorney can help bring you up to speed, but you should know that if an active warrant for your arrest exists, SSDI and/or SSI payments will be suspended. Your Phoenix disability lawyer may be able to assist you with dealing with the warrant.

As your Phoenix disability attorney will tell you, being a recent parolee and/or unemployed does not qualify you for receiving SSDI or SSI. If you weren’t receiving benefits before going to jail or prison or if they’re terminated while you’re behind bars, you’ll have to apply or reapply with the help of your Phoenix disability lawyer after you are released.

Hire a Competent Phoenix Disability Lawyer

Like most people who receive SSDI or SSI, you probably depend on your benefits to get by. At the first sign of trouble, including having a warrant issued or learning that you may face time behind bars, hire a skilled Phoenix disability attorney. Call Schiffman Law Office, P.C. at (602) 235-0539 now.


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