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CGCPA
CGCPA, CPA
Category: Social Security
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My disability payments have been discontinued because i am

Resolved Question:

My disability payments have been discontinued because i am in jail for 6 months beginning in March 2112. What do I have to do to get my Social Security disability benefits reinstated once I am released from jail. I was sentensed because of a misdometer charge
Submitted: 5 years ago.
Category: Social Security
Expert:  CGCPA replied 5 years ago.

Here is some information from the Social Security Administration on getting your benefits reinstated after incarceration:

 

How jail affects Social Security benefits and SSI

Updated 04/13/2012 04:07 PM | ID# XXXXX

Why did I not get a check while I was in jail?

The rules for suspending Social Security payments for people who are in jail are different based on whether you receive Supplemental Security Income (SSI), retirement, disability or survivor benefits.

SSI benefits:

If you get a monthly SSI check and you are in jail, your SSI check will stop after you are in jail for a full calendar month.

For example, if you were in jail on March 21, 2001 and you stay there to serve a three-month sentence, your check will stop beginning with April 2001.

Contact your local Social Security office and bring your proof of release from jail to restart your monthly benefits.

Retirement, Survivors or Disability benefits:

If you get retirement, survivors or disability benefits and you are in jail and convicted of a crime, your monthly benefits will stop after you remain in jail for more than 30 continuous days following your conviction date. If you are in jail awaiting trial, you will continue to get your check until you are convicted.

For example, if you were in jail on March 21, 2001 and were convicted of a crime on March 29, 2001, and you stay there to serve a six-month sentence, your benefits will stop beginning with your March 2001 check which is the check you receive in April 2001.

Contact your local Social Security office and bring your proof of release from jail to restart your monthly benefits.

 

Restarting my benefits after incarceration

Updated 04/18/2012 10:49 AM | ID# XXXXX My checks stopped when I was incarcerated. How do I restart my benefits?

If possible, you or the prison should contact Social Security before you are released. As soon as you know your scheduled release date, ask if the prison has a pre-release agreement with Social Security. If so, the prison may be able to contact Social Security for you.

If they do not have a prerelease agreement, contact Social Security at 1-800-772-1213 Monday through Friday, 7 a.m. to 7 p.m. and give them your Social Security number and your expected release date. A Social Security representative can provide further instructions and make an appointment for you at the local Social Security office if necessary.

After you are released, you will need to furnish Social Security with proof of your release and the date of release. Depending on the circumstances, Social Security may be able to have your checks started effective with the month after the month of your release.

 

Here is a document, with pull down links, to further assist you:

 

http://www.socialsecurity.gov/pubs/10504.html

 

CGCPA and other Social Security Specialists are ready to help you