Q: Can legally they take your disability if you are Incarcerated but have yet to be sentenced or found guilty
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, https://www.ssa.gov/pubs/EN-05-10133.pdf.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.