I was receiving SSI when I entered prison or jail. What happens to it while I’m incarcerated?

It depends on how long your incarceration period lasts—and, specifically, how many full calendar months you spend in prison or jail: [1754]

    If your incarceration doesn’t last a full calendar month: Your SSI benefits generally continue without interruption. Once you’ve spent a full calendar month in prison or jail, your SSI benefits get suspended (put on pause).
    If your incarceration lasts for less than 12 calendar months in a row: Your SSI benefits stay suspended, but you remain enrolled in SSI. This means once you’re released, Social Security can promptly restart your SSI benefits if it has proof that you’ve been released and proof that you still qualify based on income and resources. You won’t be required to show new proof of your disability—although you should promptly report any changes to your disabled condition. (For details on how to restart your SSI after release from incarceration, see PG. 491.)
    If your incarceration lasts 1 year or more, and your SSI has been suspended for 12 calendar months in a row: Your SSI gets terminated (officially ended). This means you’re no longer enrolled in SSI. If you want to get SSI after your release, you must file a brand new SSI application, including proof of your income and resources and proof of your disability. Processing your new SSI application may take 12-18 months. (For general information on how to start a new SSI application, see PG. 488. For details on how to apply for SSI while incarcerated, see PG. 491).

Below is a chart that summarizes how the timing of your incarceration and release will affect your SSI eligibility.[1755]

IF THIS IS YOUR SITUATION:
THIS IS WHAT WILL HAPPEN TO YOUR ELIGIBILITY FOR SSI:
FOR EXAMPLE:

Incarcerated for less than one full calendar month:

You stay enrolled in SSI. You stay eligible to receive SSI benefits.

    Your benefits are not suspended.
    You continue to get full benefits.

Suppose you went to prison on February 10, 2014 and got out March 30, 2014:

    You weren’t in prison for a full calendar month—only part of February and part of March. So there are no changes to your eligibility, and you should have received all your benefits as usual.

Incarcerated for one full calendar month:

You stay enrolled in SSI. Your ability to receive SSI benefits is put on pause.

    After a full calendar month, benefits are suspended, but not terminated.
    You lose full benefits for that full calendar month.
    Your benefits can restart post-release.

Suppose you went to prison on February 10, 2014 and got out on April 1, 2014:

    You lost your March benefits, since you were in prison for that full calendar month.
    You can keep your February benefits, since you were in prison for just part of that month.
    You should get your full April benefit—but it may be delayed unless you promptly notify Social Security of your release.

Incarcerated for at least one full calendar month, then released after the 1st of another month:

You stay enrolled in SSI. Your ability to receive SSI benefits is put on pause.

    After a full calendar month, benefits are suspended, but not terminated.
    If you notify SSA of your release date in advance, your benefits can restart promptly upon release.
    You can get partial payment for the calendar month of your release date.
    You can get full benefits for the following calendar month after release.

Suppose you went to prison on February 10, 2014 and got out on May 15, 2014:

    After you’ve been incarcerated
    You lost your March and April benefits, since you were in prison for those full calendar months.
    You lost half your May benefit, since you were in prison for half that calendar month; but you’re entitled to the other half. You should also get your full June benefit.
    If you notify SSA in advance, your benefits may be available as early as your release date.

Incarcerated for 12+ full calendar months in a row, then released:

You do not stay enrolled in SSI. You must reapply to get SSI benefits again.

    After a full calendar month, your benefits are suspended.
    After 12 calendar months of being suspended, benefits are terminated.
    You must file a new SSI application, including proof of disability, which can take 12-18 months to process. You can start your application process before release.

Suppose you went to prison on January 20, 2012 and got out February 10, 2013:

    After you’ve been incarcerated for the full calendar month of February 2012, your benefits are suspended starting March 1, 2012.
    After your benefits have been suspended from March 2012 through February 2013 (12 calendar months), they are terminated on March 1, 2013.
    If you want to get back on SSI after release, you must file a new SSI application, which you can start before your release date.

BUT
Suppose you went to prison on January 20, 2012 and got out January 20, 2013:

    After you’ve been incarcerated for the full month of February 2012, your benefits are suspended starting March 1, 2012.
    You lost benefits for March through December (10 months), since you were in prison for those full calendar months.
    Your benefits were suspended for 10 calendar months: not long enough to get terminated. So if you notify SSA in advance, your benefits may be available as early as your release date.
  1. 1754

    See Finding the Key to Successful Transition from Jail or Prison to the Community (2009), Bazelon Center, http://www.bazelon.org/News-Publications/Publications/List/1/CategoryID/7/Level/a/ProductID/17.aspx?SortField=ProductNumber%2CProductNumber; Arrested? What Happens to Your Benefits?, Bazelon Center, http://www.kitsaPGov.com/pubdef/Forms/LinkClick.Benefits.pdf; Benefits Available to Paroling & Discharging Inmates, Prison Law Office (2011), www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf; A Manual on SSI/SSDI for Prisoners & Their Advocates (2004), Legal Services for Prisoners with Children, www.prisonlegalnews.org/media/publications/manual_on_social_security_beneits_for_prisoners.pdf; What You Need to Know When You Get Supplemental Security Income (SSI), Soc. Sec. Admin., http://www.ssa.gov/pubs/EN-05-11011.pdf ↑

  2. 1755

    Your Right to Representation (2009), Bazelon Center, www.bazelon.org/News-Publications/Publications/List/1/CategoryID/7/Level/a/ProductID/17.aspx?SortField=ProductNumber%2CProductNumber; A Manual on SSI/SSDI for Prisoners & Their Advocates (2004), Legal Services for Prisoners with Children, www.prisonlegalnews.org/media/publications/manual_on_social_security_beneits_for_prisoners.pdf ↑