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.=========================================================
Disclaimer: This is NOT legal advice. This site provides general information about Social Security disability cases in Colorado. To discuss your particular circumstances, please contact a lawyer in your area. Please review the full disclaimer .