Temple, TX asked in Social Security for Texas

Q: My husband gets ssdi. If he goes to jail and he supports me will I still be able to pay rent with his benefits

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

A: If your husband is incarcerated for more than 30 continuous days,, his SSDI benefits will be suspended and only the auxiliary benefits to you as his spouse and his children will continue as long as they meet the eligibility requirement. Knowing this, hopefully you can work out what you need to do financially.

Your husband's benefits can be reinstated starting with the month following his release but they are not automatically instated. Your husband must contact Social Security and provide release documents to get the SSDI benefits reinstated. Some institutions have pre-release agreements with Social Security and can get the paperwork started once his release date is known. For more information, see https://www.ssa.gov/pubs/EN-05-10133.pdf.

Elizabeth Fowler Lunn agrees with this answer

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