How does social security know you are in jail?

Social Security disability insurance

If you are receiving Social Security disability insurance (SSDI), your benefits will stop if you have been convicted of a criminal offense and sent to prison for at least 30 days. Unlike the SSI rules that consider a calendar month, SSDI benefits will stop once you have spent at least 30 days in jail/prison, regardless of the day of the month you were convicted. For example, if you were sent to jail on March 1, your benefits will stop on April 1.

How does Social Security know when a beneficiary is released?

Some prisons or jails have a pre-lease agreement with Social Security, where the institution informs the local Social Security office before an individual is released. A representative of the institution will inform the local Social Security office about an individual's scheduled release so that benefits can be reinstated when an individual is released.

If the institution does not have a pre-release agreement with Social Security, the individual must contact Social Security to inform them of their anticipated release date to start the process of reinstating benefits. Once the individual is released from prison, they must contact Social Security and provide their official release document. Social Security may start paying benefits in the following month after the month the individual is released.

Can your Social Security benefits be reinstated when you are released from prison?

Any benefits that were withheld while you were incarcerated will not be paid when you are released. However, the benefits can be reinstated starting the following month after you are released if you still meet the eligibility requirements for the benefits.

If you were receiving SSI or SSDI benefits, you can request Social Security to reinstate these benefits. You will need to contact Social Security and provide your release documents from the jail or prison you were confined in for Social Security to consider your request. Depending on when you make the request or how long Social Security takes to consider your request, your benefits can be delayed by several weeks or months. However, if you restart your application earlier while in prison, you will likely get your monthly check sooner.

If you were incarcerated for more than 12 months, Social Security will terminate your benefits entirely. Once you are released from jail or prison, you will need to restart the benefits by making a new application. If the jail or prison has a pre-release agreement with Social Security, the staff can help you apply for benefits through the agreement. 

What happens to withheld benefits if you are exonerated?

If a court of competent jurisdiction finds that you are not guilty of the criminal offense you were accused of, any benefits that were withheld during a period of incarceration will be paid. Also, withheld benefits may be paid if a warrant of arrest is vacated or it is found that you were erroneously implicated in connection with the criminal offense.

Upon your release, you must provide Social Security with your release document and the order showing you are not guilty of the criminal offense. Once the information is validated, Social Security will reinstate your benefits and pay any withheld payments

How to file a Social Security application if you are in prison?

Once you have been informed about your release date, you can file an application with Social Security to restart your benefits. If the prison or jail has a pre-release agreement with Social Security, you can ask the institution’s representatives to initiate the process 90 days before the scheduled release date.

You can also contact Social Security directly by calling the toll-free 1-800-772-1213 Monday through Friday anytime from 7 am to 7 pm to schedule an appointment. You should inform Social Security of your scheduled release date, or if you have been released, provide your release document to the local Social Security office.

Depending on the type of benefits you were eligible to receive, you may not be automatically eligible for benefits. In some cases, you will need to make a new application for benefits.