Comments on: Do spouse’s and children’s benefits continue during incarceration?

By: TomaszStasiuk

TomaszStasiuk — Tue, 24 Jan 2012 19:35:00 +0000

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

By: Jlaurine08

Jlaurine08 — Tue, 24 Jan 2012 19:31:00 +0000

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

By: Shane

Shane — Fri, 16 Apr 2010 05:26:54 +0000

No – SS hasn't started paying alimony yet.

By: Diane Mercer

Diane Mercer — Tue, 22 Dec 2009 19:51:27 +0000

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?

By: kenny culbert

kenny culbert — Sat, 12 Dec 2009 13:46:22 +0000

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

By: kenny culbert

kenny culbert — Sat, 12 Dec 2009 05:46:22 +0000

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

By: breauna

breauna — Sat, 12 Sep 2009 23:21:50 +0000

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.

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

Sun, 10 May 2009 05:26:24 +0000

[...] Auxiliary benefits (benefits to spouse or children) continue during the incarceration. [...]

By: JointManConcerv

JointManConcerv — Sat, 11 Apr 2009 05:59:37 +0000

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.

By: TomaszStasiuk

TomaszStasiuk — Sat, 11 Apr 2009 01:05:48 +0000

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.

By: JointManConcerv

JointManConcerv — Sat, 11 Apr 2009 00:32:05 +0000

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!