Asked in Criminal Law and Social Security for Virginia

Q: Can legally they take your disability if you are Incarcerated but have yet to be sentenced or found guilty

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1 Lawyer Answer
Susan Michele Schaefer
Susan Michele Schaefer
  • Social Security Disability Lawyer
  • Prattville, AL

A: Yes, Social Security generally does not pay Social Security and Supplemental Security Income (SSI) recipients during confinement for a crime in jail, prison or certain other public institutions. See,

For SSI benefits, the law states that you cannot live in a public institution (for example, a jail, prison, penal facility, etc.) for a full calendar month or more, and continue to get your SSI benefits. Social Security can reinstate benefits the month a person gets out once the person notifies Social Security of their release. However, if the person is incarcerated 12 consecutive months or longer, they will have to file a new application and again be approved for SSI by Social Security.

For Title II benefits, If you have not been convicted yet and are incarcerated, then your benefits will continue until you have been convicted and serving time for 30 continuous days. After that the person cannot get Title II benefits, but benefits still go to the person's dependent spouse or children. Social Security can reinstate benefits the month a person gets out once the person notifies Social Security of their release.

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