Everyday People Matter


| Apr 15, 2019 | Social Security Administration (SSA)

Being arrested or incarcerated can have a negative impact on your Social Security benefits. Being arrested by itself will not mean a suspension of your Social Security disability benefits.  If however, you have been arrested, charged and convicted of a crime, it could impact the benefits you receive.

If you have been convicted and held for a maximum of 30 days, there will be no impact on the Social Security disability benefits that you receive, either under the Social Security Disability Insurance (SSDI) program or the Supplemental Security Income (SSI) program. If however, you are held in jail for longer than 30 days, your benefits may be suspended. You will cease to receive benefits as long as you are still incarcerated.

In the case of SSDI benefits, however, your suspension of benefits will occur only when you have actually been convicted of the crime. If you have been held for 30 days and have been convicted, your benefits payments will stop. You can resume payments without having to reapply once you are released from prison. In those cases in which you are held for longer than 30 days without a conviction, you will continue to be eligible for and receive benefits.

The SSDI program also provides auxiliary benefits paid to family members of Social Security disability beneficiaries while they are incarcerated. If you’re in prison, your family members will receive benefits even though you are not eligible to receive benefits as a result of your imprisonment. In the case of SSI benefits, you must reapply for benefits if you have been incarcerated for a period of one year.

If you have questions about filing for Social Security disability benefits, contact this law firm.