Comments on: Can you receive Social Security while in jail / prison?

By: bluesue2

bluesue2 — Fri, 06 Nov 2009 03:01:33 +0000

My father is in the Denver County jail on charges he has not been convicted of yet. Will he still be able to get his SSI payments until he is convicted? We plan to continue paying his rent an other bills in case he is released. So his money will continue to be used for paying his bills until we know if he will be convicted. Please let me know ASAP, thanks.

By: bluesue2

bluesue2 — Thu, 05 Nov 2009 19:01:33 +0000

By: MJ

MJ — Mon, 12 Oct 2009 15:25:08 +0000

I am the representative payee for my son who is in jail for conviction of a misdemeanor. SSDI benefits were suspended as of 8/09. Has there been any success in restoring benefits before I file for reconsideration. Release from jail is expected in November and I have a bill for Medicare (3 months) and am paying for storage of his furniture, two months rent ($725/mo.+utilities for August and September)

By: TomaszStasiuk

TomaszStasiuk — Wed, 03 Jun 2009 13:38:19 +0000

Generally, Social Security benefits can continue during probation or parole. However, they will be stopped if you violate the terms of the probation or parole.

I am not sure what you mean by “community control” though. My earlier comment talks about my concerns with that.

By: TomaszStasiuk

TomaszStasiuk — Wed, 03 Jun 2009 13:27:08 +0000

Hey Charles, it seems that this might deal with the issue of confinement. According to the regulation (cited in the post above):

"Confinement in such a facility continues as long as the individual is under a sentence of confinement and has not been released due to parole or pardon. An individual is considered confined even though he or she is temporarily or intermittently outside of that facility (e.g., on work release, attending school, or hospitalized)."

Is your probation closer to a parole (which would allow benefits) or are you "temporarily or intermittently outside of the facility?"

Call SSA, either your local office or the toll free number 1-800-772-1213.

Comment back with their answer!

By: Charles

Charles — Wed, 03 Jun 2009 12:07:04 +0000

If a person is convicted of a felony, but placed on community control or probation, will he still receive social security or social security disability benefits.

By: Victor Cron

Victor Cron — Wed, 27 May 2009 19:49:52 +0000

IF a person is sitting in jail awaiting trial on a felony. Can he still collect SSI disability until convicted of a felony and sent to prison? I not sure and need this information. i.e. brother on SSI and was in county jail until he took a plea. Please assist

By: Do Spouse's and Children's Benefits Continue During Incarceration? | Colorado Social Security Law

Fri, 10 Apr 2009 13:03:11 +0000

[...] I previously coved that Social Security benefits stop if a disabled person is goes to jail / prison. [...]

By: nikki

nikki — Mon, 27 Oct 2008 02:13:18 +0000

I was just wondering, my boyfriend had said something about talking to someone about recieving Social Security checks for the past 27 months when he was incarcerated, i'm not sure exactly what was said, or how it all came about, but I dont want him to get his hopes up, i only talked for a few minutes about the subject, so if you could help me out, that would be wonderful.

thanks so much!
nikki.