How Incarceration Affects Your Social Security Disability Benefits

If you receive Social Security benefits and have recently been convicted of a crime or released from prison, it’s important to understand how incarceration impacts your benefits.

You won’t receive benefits while incarcerated, but you can reinstate your benefits after release, depending on your situation. This guide covers how incarceration affects disability benefits and explains the steps to reinstate or reapply for Social Security disability after your release.

What happens to my disability benefits when I’m incarcerated?

Your SSDI or SSI benefits will be suspended if you are incarcerated for more than 30 consecutive days. If your incarceration lasts over 12 months, your SSI benefits will be terminated, and you will have to reapply after your release. This suspension of benefits applies to anyone in any type of penal institution (jail or prison) for over 30 consecutive days. You also cannot receive benefits while in a work-release program or a state halfway house that is considered part of a correctional facility and funded by the government.

The correctional facility should report your incarceration to the SSA. But if you can, it’s also helpful to notify the SSA yourself. Otherwise, the SSA might continue sending your disability checks, leaving you responsible for paying that money back in the future. 

What if I am a parolee?

Parolees can continue to receive Social Security benefits unless they violate parole conditions or are re-incarcerated. This is because you aren’t incarcerated while you’re on parole — you’re living under community supervision.

Additionally, it’s important to understand the "fleeing felon" rules. These rules state that individuals are not eligible for Social Security benefits if they have outstanding warrants for:

• Escape from custody

• Fleeing to avoid prosecution or confinement

• Flight escape (NCIC offense code 4999).

Will my family still receive benefits while I’m incarcerated?

If your family was receiving SSDI benefits already, then most likely, yes. SSDI benefits can be paid out to family members, such as your spouse and children, on your record even while you are incarcerated. Those family members must remain eligible themselves. SSI benefits do not provide dependents benefits.

What happens to healthcare coverage while incarcerated?

If you receive SSDI, your Medicare Part A (Hospital Insurance) will continue while you’re incarcerated. Keep in mind that Medicare doesn’t pay for hospital or medical bills while you're incarcerated. The correctional facility will pay for your care. You’ll need to continue paying the monthly premiums for Part B (Medical Insurance). If you don’t pay Medicare Part B premiums, your coverage will lapse, and you’ll need to re-enroll during an open enrollment period after release.

What if I sustain an injury while incarcerated?

If you get injured while incarcerated, that injury will not be eligible for disability benefits. Any injuries obtained in prison are automatically ineligible — and, similarly, so are any injuries you received while committing a crime for which you were convicted. 

How can I get my benefits back after incarceration?

If you receive SSDI benefits, your benefits can be reinstated the month after your release. You’ll need to make a formal request with 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.

How to apply for SSI benefits after 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. 

Applying for disability after incarceration often poses additional hurdles to getting approved. Since it can be difficult to get good medical treatment in prison or jail, you must reestablish care with a medical provider upon your release.

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. By following a pre-release procedure, if you’re eligible, 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 incarceration

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.  

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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