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Benefits for People in Jail or Prison...
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Social-Security-Disability-Forum » Benefits for People in Jail or Prison or With Outstanding Warrants  

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Sherry

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Posted on Monday, October 13, 2003 - 2:29 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Does Social Security Disability checks stop while a person is in jail. How does the Social Security Office find out this information and how long does it take them?
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Paul McChesney (Admin)

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Posted on Friday, October 24, 2003 - 5:44 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Sherry, Social Security Disability checks are supposed to stop when a person is in prison for a felony. That is, a serious crime. Short periods of imprisonment for misdemeanors are not supposed to suspend the check.

SSI checks are generally suspended for any time an individual is living at the expense of the state, which would include prison.

I am not sure, but I think that the Social Security computers are linked to the state and federal computers that keep track of who is and who is not in jail. This system is, of course, anything but perfect.

Checks can also be suspended if the person is a felon fleeing arrest or imprisonment. This can cause problems for people who have warrants sworn out against them.

If a person's children or spouse is drawing a check because of his disability, and he is put in jail, the checks of the children and spouse are not suspended.
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M. Watson

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Posted on Tuesday, May 18, 2004 - 1:12 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

My brother-in-law is 42 years old. He has been disabled since he was 27 years old. He draws Social Security and Medicare. He has three children, ages 7 to 17. He has been wrongfully accused of a crime. He is now on probation instead of doing jail time. I know you can lose your social security if incarcerated but what about when you are on probation or parole.
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Paul McChesney (Admin)

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Posted on Sunday, May 30, 2004 - 3:28 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

You don't get Social Security benefits if you are incarcerated for a felony, a serious crime, subject to a few exceptions. And you don't get SSI if you are living in any sort of institution.

But you have to actually have to be in an institution in order to have benefits susupended.

42 USC 402(x)(1)(B)(i) states that, for purposes of the provision withholding
payment to incarcerated persons, "an individual shall not be considered
confined in an institution comprising a jail, prison, or other penal
institution or correctional facility during any month throughout which such
individual is residing outside such institution at no expense (other than the
cost of monitoring) to such institution or the penal system or to any agency
to which the penal system has transferred jurisdiction over the individual."

Other exceptions:
Exception: if the disability is caused in the course of the commitment of a felony, you get no benefits, in or out of prison.

Exception: If you are in court approved vocational rehabitation, you can continue to get benefits.



(Message edited by admin on March 05, 2005)
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Jennifer
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Posted on Thursday, January 13, 2005 - 2:38 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

The father of my child went to jail before I could get to see if my child was eligable. Do you think she still is.
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Paul McChesney (Admin)
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Post Number: 990
Registered: 5-2004

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Posted on Sunday, January 30, 2005 - 3:51 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Maybe. You can still file, even though he is in jail. He does not get a check if he is convicted of a felony, but your child might.
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Charles Stewart (Unregistered Guest)
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Posted on Sunday, February 27, 2005 - 9:24 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I just got out of prison. i was incarcerated for 2 years can i get any financial help?
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Paul McChesney (Admin)
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Post Number: 1032
Registered: 5-2004

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Posted on Saturday, March 05, 2005 - 9:45 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Charles, there well might be other sorts of help, besides SSI and Social Security Disability, and you should look into them; I don't know much about them.

As for SSI and Social Security Disability, if you can show that you are disabled and broke, you can get SSI, or if you show that you are disabled and have worked enough, you can get Social Security Disability. Prior incarceration does not keep you from getting either, except that it might mean that you have not worked enough for Social Security Disability.
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Anonymous
 

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Posted on Thursday, March 03, 2005 - 9:03 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I WAS ON PROBATION FOR A WHILE,AND i HAD A STROKE,AND THEN i WAS CUT OUT OF MY SSI,BECAUSE I DIDN'T RERPORT TO MY PROBATION OFFICER,WHICH AT THIS TIME, MY MEMORY ISN'T GOOD ENOUGH TO REALLY KNOW IF i'M ON PROBATION OR NOT,AND i NEED TO APPLY FOR SSI BENEFITS,BECAUSE AT THIS TIME I'M HOMELESS.
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Paul McChesney (Admin)
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Post Number: 1031
Registered: 5-2004

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Posted on Saturday, March 05, 2005 - 9:40 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

You would not have SSI stopped for failure to report to a probation officer. If you are presently disabled and not drawing SSI, you should file at your local Social Security office.

You need to find out whether or not you are on probation, and do whatever is necessary to stay out of jail! If you don't have a good enough memory to take care of this yourself, find a family member, friend, or social worker to keep up with it for you!
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Anonymous
 

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Posted on Friday, March 04, 2005 - 7:16 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

A close friend of mine is facing prison for child support of $5.500.00. He claims his will be a felony conviction, so it appears that his SSD will be suspended based on your responses thus far, however could SSD continue and pay the child directly while he's in prison?
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Paul McChesney (Admin)
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Post Number: 1030
Registered: 5-2004

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Posted on Saturday, March 05, 2005 - 9:22 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I suppose that it could be a felony conviction, though that would surprise me. Check that carefully.

Whatever benefits were payable to the child before he was incarcerated would still be payable to the child. The child does not get the check that was going to the felon, however. The Administration keeps that money.
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Anonymous
 

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Posted on Tuesday, February 21, 2006 - 6:17 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

My husband was incarcerated in late November 2005 for 'contempt of court' in a civil matter. He is in the process of trying to purge it. He had also recently gotten on SSI, and we just received a notice stating, "we cannot pay you because you are imprisoned for the conviction of a crime". However, he has not been charged and we don't think he will be charged; nor has he been convicted of a crime. Is there something we can do. We rely on his SSI to pay the rent where I'm living while he is away. Thank you
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Anonymous
 

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Posted on Sunday, April 30, 2006 - 10:37 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

My ex-husband has just been put on probation for 5 years for criminal non-support and he owes $50,000 in back child support and is still not currently paying child support. He has already filed for disability and he has 2 children from a marriage after ours and 2 children with me. Can my children recieve his benefits while he is on probation or will it be when his probation is revoked, because I know it will be. This is my only hope for getting any payment for my children. I know it will be split between my kids and his, but how is the percentage split up? and how long will the disability last? Any info you can give me or any link that I can do research on would be helpful.

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