We have previously discussed that an individual is not eligible to receive Social Security disability benefits while incarcerated. This issue frequently comes up when an individual already on Social Security is incarcerated.
However, it is important to remember that the prohibition on receiving Social Security benefits may also impact your application for Social Security benefits, if you were in jail or prison during the time you are alleging entitlement to Social Security disability benefits.
For example:
- Let’s say you applied two years ago and that you are waiting for a hearing.
- But, one year ago (during the period of alleged disability), you were in jail for a month.
- Social Security will not pay you benefits during that periods of incarceration.
Here is the problem that comes up:
Because you cannot get benefits during that incarceration, the judge may ask you for the exact dates of entry and release. If you were incarcerated more than once, it may be difficult to figure out the dates for each one.
If you do not know the exact dates of your incarceration, your benefits may be delayed if you win, or the judge may not make a decision until you provide this information!
If you have any periods of incarceration during the time you claim you were disabled, have a list of the beginning and end dates of your incarceration ready before your hearing!
