According to the Social Security policy, “We cannot pay benefits to someone who, by court order, is confined in an institution at public expense in connection with a criminal case if the court finds that the person is: guilty, but insane; not guilty of such an offense by reason of insanity or similar factors (such as a mental disease); or incompetent to stand trial for such an alleged offense.”
Social Security Payments and Incarceration
Suspension During Imprisonment
Social Security benefits, including retirement, survivor, and disability payments, are suspended for individuals incarcerated for more than 30 consecutive days following a criminal conviction. However, dependent family members, such as a spouse or children, may still receive benefits if they remain eligible. For example, if a parent in prison had previously provided Social Security support to a child, that child’s payments continue uninterrupted during the parent’s incarceration.
Reinstatement Post-Release
After release, beneficiaries can apply to have their Social Security payments reinstated. To do so, they must provide documentation proving their release, such as official discharge forms. Payments resume in the month following the release, and processing can be expedited by providing necessary documents early.
SSI benefits and incarceration
Immediate Suspension
For individuals receiving SSI, benefits are suspended starting from the first full calendar month of incarceration. If the imprisonment lasts longer than 12 consecutive months, eligibility for SSI is terminated entirely, requiring a new application to regain benefits after release. During incarceration, no past-due SSI payments can be issued, regardless of prior underpayments.
Reinstatement and reapplication
For incarcerations lasting less than 12 months, SSI payments can generally be reinstated immediately upon release, provided eligibility criteria are still met. For longer incarcerations, individuals must reapply for SSI and go through the approval process again.
Prerelease procedures for SSI benefits
What is the prerelease procedure?
The Social Security Administration (SSA) offers a prerelease procedure to help individuals access SSI benefits as quickly as possible after release. Through this process, prisoners can apply for SSI several months before their expected release date. While benefits cannot begin until release, prerelease agreements between correctional institutions and the SSA can speed up processing times.
How it works
If an institution participates in a prerelease agreement, its staff can notify the SSA about individuals likely to qualify for SSI. These agreements may be formal or informal, allowing prison staff to provide the SSA with medical and non-medical evidence required to process applications. Even without an agreement, individuals or their representatives can initiate the process by contacting the SSA with their anticipated release date.
WHO can benefit from the prerelease procedure?
We will process an application for you under the prerelease procedure if you:
- are in an institution (for example, hospital, nursing home, prison, or jail) ; and
- appear likely to meet the criteria for SSI eligibility when you are released from the institution; and
- are scheduled to be released within several months of the date you file your application for SSI.
Considerations for family and medical benefits
Medicare and Medicaid coverage
While incarcerated individuals retain eligibility for Medicare Part A, they must continue paying premiums to maintain Medicare Part B coverage. If coverage lapses, individuals may re-enroll during designated enrollment periods after release. For Medicaid, eligibility typically ends during incarceration, but it can be reinstated or reapplied for after release.
Family support
Dependents of incarcerated individuals may continue receiving Social Security benefits if they meet eligibility requirements. This ensures some financial stability for families during the beneficiary’s imprisonment.
Challenges and support options
While the suspension of benefits during incarceration helps prevent misuse of federal funds, it can create financial challenges for families and difficulties for individuals transitioning back into society. Programs like prerelease procedures aim to ease this transition, but proactive communication with the SSA is crucial.
