Social Security disability benefits in a half-way house
Even though you cannot receive Social Security benefits during incarceration, can you get disability if you are out of jail or prison and residing in a half-way house?
Under the Social Security regulations, the answer is “no.”
“I was transferred from prison to a halfway house that is under the control of my state’s Department of Corrections. Can I have my benefits started again since I am no longer in prison?”
No. Social Security will not pay benefits while you reside in any facility under the authority of your state’s Department of Corrections. Even though you are no longer in prison, you …
Social Security disability benefits and home monitoring
Will your Social Security benefits (Social Security disability insurance – SSDI, or Supplemental Security Income – SSI) stop if you have to wear an ankle bracelet or other type of home monitor?
The answer is no. Social Security does not consider in home detention as “incarceration” which would normally stop payment of Social Security benefits to the disabled individual.
So, having a home ankle monitor will not stop your Social Security benefits.
When do Social Security benefits stop after incarceration
As a general rule, you are not entitled to Social Security disability benefits if you are incarcerated in jail or prison. However, Social Security benefits do not end immediately with incarceration:
If you are on SSI (Title 16 – Supplemental Security Income benefits), your Social Security disability benefits do not stop until you are incarcerated for 30 days:
If you get a monthly SSI check and you are in jail, your SSI check will stop after you are in jail for a full calendar month.
For example, if you were in jail on 3/21/01 and you will stay there to serve a three-month sentence, SSA will stop your SSI check beginning …
Tips on restarting Social Security disability benefits after incarceration
Social Security may be able to restart your benefits after you are released from incarceration (jail or prison). Click here for more information on whether you may be able to resume benefits vs having to start a new claim for benefits.
If you are eligible to resume your benefits, here are Social Security’s recommendations to get your Social Security disability or SSI benefits as quickly as possible:
If possible, you or the prison should contact Social Security before you are released. As soon as you know your scheduled release date, ask if the prison has a pre-release agreement …
Starting Social Security disability benefits after incarceration
After you are released from jail or prison, will Social Security let you restart your benefits or will you have to start a new application?
The answer depends on the kind of benefits you received (Social Security Disability Insurance – SSDI, or Supplemental Security Income – SSI) and how long you were incarcerated in jail or prison.
Restarting SSI after incarceration:
It is possible to restart SSI benefits if you were incarcerated for less than 12 months.
After you are incarcerated for a year or longer though, you have to start a …
My SSI benefits stopped because I was in a hospital! Why?
Here is the short answer: if you are hospitalized in a medical treatment facility for 30 days, your SSI benefits may be cut to $30 per month.
Now, here is the long answer:
You are not eligible for SSI benefits for any month throughout which you are a resident of a “public institution.” A “public institution” means an institution that is operated by or controlled by the Federal government, a State, or a political subdivision of a State such as a city or county.
As a side note, if you apply for SSI while you are a resident of a public institution, you cannot be eligible for payment of benefits (even though you meet all other eligibility requirements) until the “first day of the month following the day of your release from the institution.”
Basically, your benefits will not start until the month after your release. If you were released on January 1st, your benefits would start February 1st. If you are released January 31st, your benefits still start on February 1st. The first day of the month following the day of your release from the institution.
However, this does not include a publicly operated community residence which serves 16 or fewer residents. What is a community residence?
Are Social Security disability benefits forever?
Many people wonder what will happen after they are approved for Social Security disability benefits?
Will my benefits be stopped?
Will I continue to get Social Security disability benefits for the rest of my life?
Except for closed period cases, Social Security disability benefits normally can continue for an indefinite period of time. An individual may be able to receive benefit for the rest of his or her life.
Of course, this assumes that the impairments continue to be disabling (and any other non-medical requirements continue to be met).
Here is the catch:
When does Social Security review cases for premature babies?
Social Security may approve Supplemental Security Income (SSI) benefits to children with a low birth weight (regardless or whether the child is premature).
According to the Social Security regulations, these cases are often reviewed by the child’s first birthday.
When we will conduct a continuing disability review. … we will start a continuing disability review …
By your first birthday, if you are a child whose low birth weight was a contributing factor material to our determination that you were disabled; i.e., whether we would have found you disabled if we had not considered your low birth weight. However, we will conduct your continuing disability review later if at the time …
What constitutes “fleeing” in a fugitive felon cessation cases?
I previously wrote about how Social Security can stop benefits if a person is a fleeing or fugitive felon.
The courts have been wrestling with the question of whether an outstanding arrest warrant (not a conviction, just the arrest warrant) is enough to make a person a “fleeing felon.”
NSCLC Website writes about a court’s rejection of Social Security claiming a person was “fleeing” in order to stop their benefits.
Another court, this time in Tennessee, has rejected the Social Security Administration’s (SSA) position that it can suspend Supplemental Security Income (SSI) benefits by relying on the existence of an outstanding …
Social Security benefits stop for fugitive felons
I previously wrote about how Social Security disability benefits stop during incarceration.
However, your Social Security disability benefits can also stop if you labeled a “Fugitive Felon.”
Fugitive felons is anyone who is
Fleeing to avoid prosecution for a crime which is a felony; or
Fleeing to avoid custody or confinement after conviction for a crime which is a felony; or
Individuals receiving Title XVI payments or Title II benefits who are violating a condition of probation or parole imposed under Federal or State law.
Read more at Social Security (link removed – Social Security took down the page).
Can you receive Social Security while in jail / prison?
Jonathan Ginsberg of the Social Security Disability Blog writes about what happens to your Social Security benefits if you are in jail/prison.
I recently received an email question from a blog reader about the eligibility of a convicted felon for Social Security disability benefits. There is a simple answer here – you may not collect disability benefits during the time you are incarcerated. Social Security ruling 83-28 addresses this situation directly.
Via May an Incarcerated Felon Receive Social Security Disability Benefits?.
SSR 83-28 notes that Congress intended to deny prisoners Social Security disability benefits during incarceration because, “prisoners … do not …
When do Social Security children’s benefits stop?
A child may be entitled to receive Social Security child’s benefits if a parent dies. These are called survivor’s benefits.
However, under Social Security Regulations (20 CFR 404.352), the entitlement to child’s benefits may end for any of the following reasons.
My child turned 16, and my Social Security benefits were stopped
If a parent dies, the surviving spouse may be eligible for benefits if he or she is caring for a the deceased’s child and the child is under 16 years old or disabled. These are called Mother’s and Father’s benefits. See 20 CFR Section 404.339 for more information.
Mother’s and Father’s benefits are separate from the survivor’s benefits the child may be entitled to due to the death of a parent. This is a little known subset of …
Surviving a Social Security Audit for Children’s SSI Benefits
California Blogging has a story about surviving a four year Social Security Audit(!)
During the audit they inspect every account, every dime I make and spend. I am allowed some money from some sources. Services from other government or social programs are not counted against Zachary. Even though it’s immaterial it’s still audited. Child support is counted against Zachary and people wonder why I don’t really go after his dad? During the audit if you are missing a receipt for anything, your worker will make up an amount higher than the average number you have shown.
You can read the entire story on story on California …
