How Incarceration Affects Your Social Security Disability Benefits

Key Takeaways

• Your SSDI benefits will be suspended if you are convicted of a crime and incarcerated for more than 30 consecutive days.

• If you receive SSDI benefits, your benefits can be reinstated the month after your release.

• When you’re released from prison, your disability benefits won’t automatically restart. You will need to take the proper steps to let the SSA know about your release and to request that your disability benefits begin again. 

• SSI benefits will be suspended after you have been incarcerated for a month.

• If you received SSI and are incarcerated for more than a year, your benefits will terminate and you’ll have to reapply.

If you get Social Security disability benefits and have spent time in jail or prison, your payments are likely to stop while you're incarcerated. SSDI stops once you've been convicted and held for more than 30 days in a row, and SSI stops if you're in jail or prison for a full calendar month.

The good news is that you can often restart your benefits after you're released. SSDI can usually start again the month after your release. SSI can restart if you were held for less than 12 months in a row, but if you were held longer, you'll need to reapply. This guide explains how incarceration affects each program and what to do after your release.

What happens to disability benefits when you are incarcerated?

Your SSDI benefits will be suspended if you are incarcerated for more than 30 consecutive days. This suspension of benefits applies to anyone convicted of a crime and incarcerated in any type of penal institution (jail or prison) for more than 30 consecutive days. You also cannot receive benefits while in a daily work-release program or a state halfway house that is considered part of a correctional facility and funded by the government.

If you receive SSI, your benefits will be suspended after a full calendar month of any incarceration, including pretrial incarceration. If you were receiving SSI benefits and you were incarcerated for over 12 months, the SSA will terminate your SSI payments. You’ll need to start the disability application process over again.

What if I am a parolee?

You can usually keep getting Social Security disability benefits while you're on parole, because you're living under community supervision, not in jail or prison. Your benefits would stop if you're sent back to jail or prison and held long enough to meet the SSDI or SSI rules above.

You should also know about the SSA's "fleeing felon" rules. Your benefits can be suspended if you have an outstanding warrant for any of these:

• Escape from custody

• Fleeing to avoid prosecution or confinement

• Flight escape

How does Social Security know you are in jail?

Most jails and prisons share information about who is being held with the SSA, so the SSA often finds out automatically. But you're also required to report it yourself, or have a family member or representative payee report it for you, by calling the SSA at 1-800-772-1213 or contacting your local office. If the SSA keeps paying you while your benefits should be stopped, you'll have to pay that money back later.

Will my family still receive benefits?

If your family gets benefits on your SSDI record, they can usually keep getting them while you're incarcerated. That includes your spouse and children, as long as they still meet the eligibility rules themselves. SSI works differently. It doesn't pay benefits to family members, so there are no dependent benefits to continue.

When do benefits stop, and when do they restart?

Can you get disability while incarcerated? If you are incarcerated for more than 30 consecutive days, your SSDI benefits will be suspended. SSI will similarly be suspended if you are incarcerated for a full calendar month.

If you receive SSDI benefits, your benefits can be reinstated the month after your release. You’ll need to make a formal request to the SSA and include a copy of your release documents.

If you receive SSI benefits, you can request reinstatement upon release. However, if you’re incarcerated for over 12 months, the SSA will terminate your SSI benefits.  In this case, when you are released, you will need to file a new disability application.

Applying for disability after incarceration often poses additional hurdles to getting approved. For instance, you must reestablish care with a medical provider upon your release. Make sure to include any medical treatment received during your incarceration as part of your application.

Some facilities might have a pre-release application procedure. If so, you can apply for disability benefits while you’re still imprisoned. It’s best to do this several months before your release to get the process going. If you're eligible, following a pre-release procedure, you can usually begin receiving benefit payments shortly after your release. If there is no pre-release agreement, you can contact the SSA with your expected release date.

If the SSA gives you a denial, you’ll have to begin moving through the appeals process just like any other applicant.

How to reinstate benefits after release

When you’re released from prison, your disability benefits won’t automatically restart. You will need to take the proper steps to let the SSA know about your release and to request that your disability benefits begin again. 

Some prisons have a pre-release agreement with the SSA. In that case, you or a representative from the prison can contact the SSA 90 days before your scheduled release date to notify them of your upcoming release. 

Otherwise, you’ll need to wait until after you’ve been released. At that time, these are the steps you’ll need to follow: 

1. Collect the right paperwork. First, gather your release paperwork from the prison or jail where you were incarcerated. 

2. Contact the SSA. Next, make an appointment with your local SSA office to let them know that you are no longer incarcerated. Remember to bring along your paperwork as proof of your release.

3. Confirm your eligibility. Lastly, before leaving the appointment, make sure to confirm with the SSA that you will be eligible for benefits moving forward. 

The SSA can reinstate your SSDI benefits starting with the month after your release, or your SSI benefits starting with the month you are released.  

The bottom line

SSDI and SSI often pause during incarceration, but you can often restart them after release. If you need to reapply, gaps in medical records can make approval harder, and denials are common. A disability lawyer can help you gather evidence and appeal if you're denied.

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Related resources:

Everything You Should Know About Disability Benefits (SSDI and SSI)

By Sarah Aitchison

An Easy-to-Follow Guide to Applying for Disability Benefits

By Jackie Jakab