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RobertJDFL, Attorney
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,I asked this question last night and now feel it wasnt answered

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,I asked this question last night and now feel it wasn't answered completely.I am an SSI recipient and am charged with illegal possession of cannjbis, less than 35 grams and a paraphernalia charge.Will I loose my benefits from SSA.
Thank you for your question this evening.
I agree with the previous expert's response.
20 CFR 404.468 (A federal regulation) states in relevant part:
No monthly benefits will be paid to any individual for any month any part of which the individual is confined in a jail, prison, or other penal institution or correctional facility for conviction of a felony. This rule applies to disability benefits (§404.315) and child’s benefits based on disability (§404.350) effective with benefits payable for months beginning on or after October 1, 1980. For all other monthly benefits, this rule is effective with benefits payable for months beginning on or after May 1, 1983.
Social Security also notes on their website:
We generally do not pay Social Security and Supplemental Security Income (SSI) recipients during confinement for a crime in jail, prison or certain other public institutions.
If you get SSI, we will stop you payments after you are imprisioned for a month. For example: If you were convicted in March to serve at least a month-long sentence, you will not get an April payment. We can reinstate your payments the month you get out. However, if you are jailed 12 consecutive months or longer, you will have to file a new application and again be approved for SSI by Social Security.
The key words there are "DURING CONFINEMENT." If you are sentenced to a jail sentence longer than a month, they will stop paying benefits, and if you are imprisoned longer than 12 months, you would have to then reapply for SSI upon release. A conviction alone will not cause you to lose your benefits.
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