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Social Security benefits for spouse and child during incarceration

By on 04/10/2009 in Auxiliary Benefits

What happens to wife's Social Security benefits if disabled husband is in prison

If your husband or wife is disabled and getting Social Security disability benefits, you may also be getting auxiliary benefits (click the link for more information about who qualifies). I previously coved how Social Security benefits stop if a disabled person is goes to jail / prison.

So, what happens to the children’s or spouse’s benefits if the disabled individual is incarcerated?

Do the wife or husband’s Social Security disability auxiliary benefits stop?

Do the children’s Social Security disability auxiliary benefits stop?

Fortunately, auxiliary benefits continue even when the disabled individual is incarcerated. Even if their (the disabled individual’s) benefits are stopped due to the incarceration. The Social Security Online Handbook. Part 501. Entitlement to Disabled Worker’s Benefits discusses this:

“Auxiliary benefits” are additional monthly benefits (see Chapter 3). These benefits may be payable to other family members on your earnings record if you are entitled to disabled worker’s benefits. They are payable to your family members even when you are not receiving benefits because of imprisonment.

There is additional authority for this in SSR 83-21.

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About Tomasz Stasiuk

Tomasz Stasiuk is a Colorado Springs Social Security disability lawyer and the founding attorney of the Stasiuk Firm - a law firm specializing in Social Security disability cases in Colorado. Follow Tomasz Stasiuk on Google and Twitter
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  • JointManConcerv

    Type your comment here.Social Security hand book has no binding legel authority? true and false. Im no expert but i believe six months of incareration removes presumption of disability,so yes a child or spouse payments can stop.If this happens though the payee should visit S.S.office,or hire an attorney,in an attempt to resolve problem.Like allways just because payments have stopped,doesnt mean its over.You could even recover lost months payments…..I would like also to add if child or spouse go to jail for even a few days the disabled worker can ask the S.S. office to stop their benifits.And they will stop!

  • http://www.SocialSecurityInsider.com/ TomaszStasiuk

    Well, benefits stop for the incarcerated person during the incarceration. Social Security will not pay a person disability benefits while incarcerated. http://www.socialsecurityinsider.com/tag/jailpr…

    I found it interesting that auxiliary benefits apparently can continue though.

    I know that SSA will make person re-apply for benefits if they have been incarcerated for more than a certain period of time, However, I do not know how long the incarceration has to last before you have to reapply.

  • JointManConcerv

    This brings to mind something akin to filing for unemployment because your incarcerated and cant find work.That doesn't happen anymore….The answer is simple prison is state aid like unemployment is.IF your receiving state aid you lose your S.S. Benifits With no right to benefits yourself,so-long auxiliary benefits.True the children or spouse should not be punished,but that's what family courts are for,…IE child support ,spousal support.The tax payers should not be punished by giving this hypothetical family more than there fair share of the proverbial pie. At least that's my opinion.Sure the worker was /is disabled but now the expense of prison?were talking about a family unit,shouldn't the family be responsible.Not the Taxpayers of China! which eventually the U.S.A taxpayers will have to pay plus interest! This spouse or this childs payee must be forced to take action in family court to re cope their loss.This would be a case of not only actual costs but punitive damages should be factored in as well.

  • Pingback: Can you receive Social Security while in jail / prison? | Colorado Social Security Law

  • breauna

    My husband was sentenced to 2-4 years in prison. His benefits of course have stopped and the children are still recieving theirs. I was wondering if I could possibly be eligible to recieve part of his benefits since he cannot get them and our family still has to live somehow. I mean I work but don't make anywhere near enough to care for our family alone.

  • kenny culbert

    would a child who gets ssi , and goes to a deterntion center dose the mother still grt his check

  • kenny culbert

    would a child who gets ssi , and goes to a deterntion center dose the mother still grt his check

  • Diane Mercer

    My son has been incarcerated for 7 years and on Death Row for 3 ½ of those 7 years. He was receiving SSI (deemed mildly mentally retarded) prior to sentencing. He has 3 children and his ex-wife (at the time of incarceration “wife”) was told that she and their 3 children could not receive his benefits. Also he has chronic asthma and other problem and his bill since he has been incarcerated is now nearly $600. Is this true about my grandchildren receiving the money and also what can be done about his medical bill that I can’t afford to pay?

  • Shane

    No – SS hasn't started paying alimony yet.

  • Jlaurine08

    I’m confused, if my husband goes to jail, will I receive his disability check while he’s there?

  • http://www.stasiukfirm.com/ TomaszStasiuk

    The disabled individual’s benefits is not transferred during incarceration. However, auxiliary benefits to minor children and to the other parent may continue.

  • akakim1970

    My sons auxillary benefits just stopped due to his fathers incarcration! I am a single mom and about to lose my house because of it so don’t go telling people that they keep auxillary benefits when the disabled person goes to jail

  • http://www.stasiukfirm.com/ TomaszStasiuk

    To the best of my knowledge, the information is correct. 
    http://www.ssa.gov/OP_Home/rulings/oasi/27/SSR83-21-oasi-27.html
    https://secure.ssa.gov/poms.nsf/lnx/0202607160
    If SSA stopped your son’s benefits BECAUSE of the disabled father’s incarceration, that may be a mistake. However, benefits can stop for a number of reasons. 

    Check with SSA and/or contact a lawyer in your area for help.

    Good luck!

  • Shotgunkididz

     You wont be able to just the kids , but you can get TANF (welfare) for them and they should have medicaid already since they are receiving his ssi , In Delaware you can get  ssi for your sons food stamps and welfare check a friend of mine gets 694.00 plus 250,00 in welfare and food stamps but she is on ssi as well as her son now it might be a lil different if your husband was out of jail

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